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Re: Trespassing?
[Re: ford150man]
#2792717
04/24/19 07:31 PM
04/24/19 07:31 PM
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Joined: Sep 2004
Posts: 36,280 alabama
BhamFred
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 36,280
alabama
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RETIRED game warden......straight F
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Re: Trespassing?
[Re: BhamFred]
#2792732
04/24/19 07:39 PM
04/24/19 07:39 PM
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Joined: Oct 2009
Posts: 5,741 Henry county
coldtrail
12 point
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12 point
Joined: Oct 2009
Posts: 5,741
Henry county
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a speeding ticket is an arrest....D- "Under Alabama Laws of Criminal procedure, however, a law enforcement officer may arrest a person without a warrant only if: The law enforcement officer has probable cause to believe that a felony has been committed, or is being committed, and that the person to be arrested committed it" Dang it, yall dont even try. Fishing without permission and speeding isn't typically a felony.
"And the days that I keep my gratitude Higher than my expectations Well, I have really good days" Ray Wylie Hubbard
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Re: Trespassing?
[Re: ford150man]
#2792733
04/24/19 07:43 PM
04/24/19 07:43 PM
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Joined: Feb 2014
Posts: 5,162 Your Lock-on
Whild_Bill
Crawfishing Asshat
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Crawfishing Asshat
Joined: Feb 2014
Posts: 5,162
Your Lock-on
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I’m my opinion this situation is different since he had permission and his agreement states it runs with the land. This lock him to have permission forever. He shouldn’t be bullied around when he is on the right side of the law. City officials think they can do whatever they want but this guy has contract law on his side. They can’t touch him and if they try he should file suits early and often. Mater of fact he should file before the city knows what hit them. Offense is the best defense in situations like this.
We Just Know What Works For Us
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Re: Trespassing?
[Re: Whild_Bill]
#2792781
04/24/19 08:20 PM
04/24/19 08:20 PM
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Joined: May 2013
Posts: 3,058 Chelsea
lectrode
10 point
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10 point
Joined: May 2013
Posts: 3,058
Chelsea
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I’m my opinion this situation is different since he had permission and his agreement states it runs with the land. This lock him to have permission forever. He shouldn’t be bullied around when he is on the right side of the law. City officials think they can do whatever they want but this guy has contract law on his side. They can’t touch him and if they try he should file suits early and often. Mater of fact he should file before the city knows what hit them. Offense is the best defense in situations like this. Hell yeah !!! sue there arse before they know what hit em !
You haven't been blocked until you've been flock blocked!!!
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Re: Trespassing?
[Re: coldtrail]
#2792830
04/24/19 09:01 PM
04/24/19 09:01 PM
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Joined: Jan 2005
Posts: 33,437 Your mom’s house
doekiller
Freak of Nature
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Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
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a speeding ticket is an arrest....D- "Under Alabama Laws of Criminal procedure, however, a law enforcement officer may arrest a person without a warrant only if: The law enforcement officer has probable cause to believe that a felony has been committed, or is being committed, and that the person to be arrested committed it" Dang it, yall dont even try. Fishing without permission and speeding isn't typically a felony. I don’t know where you got that quote. But, it isn’t correct. Law enforcement can make an arrest without a warrant in many situations. However, aside from DUI and domestic violence, they most either have a warrant or witness the crime to make a misdemeanor arrest. To make a felony arrest, they don’t have to have either a warrant or witness the crime.
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Re: Trespassing?
[Re: ford150man]
#2792873
04/24/19 09:30 PM
04/24/19 09:30 PM
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Joined: Jan 2001
Posts: 25,920 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,920
Fayetteville TN Via Selma
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You can generally arrest for misdemeanors that are committed in an officer's presence and certain misdemeanors that are not committed in the officers presence. They are DUI, Domestic Violence, and Shoplifting. A warrant is needed if it it a misdemeanor and was not committed in an officers presence.
For felonies, an officer can witness it, Have Probable Cause, or have a warrant to make an arrest.
Lord, please help us get our nation straightened out.
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Re: Trespassing?
[Re: ford150man]
#2792963
04/24/19 11:52 PM
04/24/19 11:52 PM
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Joined: Apr 2018
Posts: 1,474 North of 459 South of 20
bhammedic84
8 point
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8 point
Joined: Apr 2018
Posts: 1,474
North of 459 South of 20
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3) Enter or remain unlawfully. A person “enters or remains unlawfully” in or upon premises when he is not licensed, invited or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privileges unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner
would this apply? from 13A-7-1
Turkey’s tell you when they want to die not lawmakers.
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Re: Trespassing?
[Re: Whild_Bill]
#2792967
04/25/19 12:07 AM
04/25/19 12:07 AM
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Joined: Feb 2008
Posts: 12,019 Satsuma
kodiak06
Booner
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Booner
Joined: Feb 2008
Posts: 12,019
Satsuma
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I’m my opinion this situation is different since he had permission and his agreement states it runs with the land. This lock him to have permission forever. He shouldn’t be bullied around when he is on the right side of the law. City officials think they can do whatever they want but this guy has contract law on his side. They can’t touch him and if they try he should file suits early and often. Mater of fact he should file before the city knows what hit them. Offense is the best defense in situations like this. No way permission carries over...
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Re: Trespassing?
[Re: ford150man]
#2793036
04/25/19 07:12 AM
04/25/19 07:12 AM
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Joined: Sep 2004
Posts: 36,280 alabama
BhamFred
Freak of Nature
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Freak of Nature
Joined: Sep 2004
Posts: 36,280
alabama
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cold trail, ya ain't even close to an expert, you're a half ass expert......you know just enough to be dangerous to yourself and others
I've spent most of the money I've made in my lifetime on hunting and fishing. The rest I just wasted.....
proud Cracker-Americaan
muslims are like coyotes, only good one is a dead one
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Re: Trespassing?
[Re: bhammedic84]
#2793042
04/25/19 07:22 AM
04/25/19 07:22 AM
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Joined: Jan 2001
Posts: 25,920 Fayetteville TN Via Selma
jawbone
Freak of Nature
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Freak of Nature
Joined: Jan 2001
Posts: 25,920
Fayetteville TN Via Selma
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3) Enter or remain unlawfully. A person “enters or remains unlawfully” in or upon premises when he is not licensed, invited or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privileges unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner
would this apply? from 13A-7-1 Do you know of any land in Alabama that is not used for something, be it recreation, timber, or future investment? I can't think of any.
Lord, please help us get our nation straightened out.
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Re: Trespassing?
[Re: ford150man]
#2793054
04/25/19 07:50 AM
04/25/19 07:50 AM
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Joined: Dec 2010
Posts: 3,464 Madison County
bobwallace
10 point
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10 point
Joined: Dec 2010
Posts: 3,464
Madison County
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I find it hilarious, and kinda sad, that there is even a discussion going on about whether being on property that you do not own, or that you do not have permission to be on, is considered trespassing.
Yeah, well, I always heard there were three kinds of suns in Kansas: sunshine, sunflowers, and sons-of-bitches.
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Re: Trespassing?
[Re: ford150man]
#2793063
04/25/19 07:55 AM
04/25/19 07:55 AM
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Joined: Jan 2011
Posts: 1,361
mman
8 point
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8 point
Joined: Jan 2011
Posts: 1,361
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Wow, some of y'all like pole vaulting over mouse droppings...
So, how does one determine, on public land, what is "open to the public" and what is "closed to the public"? I know laws don't always follow common sense, but using logic only, I would think that for something that is owned by the city/government, it would need some type of indication that it is closed to the public in order for it to be closed to the public. If it's open to the public, then he should be able to fish. If it is closed to the public, it should be indicated in some way.
I understand the laws are different for privately owned land.
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Re: Trespassing?
[Re: ford150man]
#2793065
04/25/19 07:56 AM
04/25/19 07:56 AM
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Joined: Feb 2014
Posts: 5,162 Your Lock-on
Whild_Bill
Crawfishing Asshat
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Crawfishing Asshat
Joined: Feb 2014
Posts: 5,162
Your Lock-on
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He does have permission it was from the prior owner.
We Just Know What Works For Us
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Re: Trespassing?
[Re: ford150man]
#2793074
04/25/19 08:09 AM
04/25/19 08:09 AM
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Joined: Feb 2014
Posts: 5,162 Your Lock-on
Whild_Bill
Crawfishing Asshat
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Crawfishing Asshat
Joined: Feb 2014
Posts: 5,162
Your Lock-on
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Permission is the word. And this man has it.
We Just Know What Works For Us
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Re: Trespassing?
[Re: BhamFred]
#2793093
04/25/19 08:39 AM
04/25/19 08:39 AM
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Joined: Oct 2009
Posts: 5,741 Henry county
coldtrail
12 point
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12 point
Joined: Oct 2009
Posts: 5,741
Henry county
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cold trail, ya ain't even close to an expert, you're a half ass expert......you know just enough to be dangerous to yourself and others All I know is a speeding ticket isn't an arrest and tresspassing will not stick unless you knew you were doing it. The burden of proof falls on the state. I also know law enforcement can write tickets and not understand the law. In that case it cost the citizen money. I've been on the receiving end of this before I fully expect for you to threaten to whoop my arse shortly, but I'm a lover not a fighter. 😄
"And the days that I keep my gratitude Higher than my expectations Well, I have really good days" Ray Wylie Hubbard
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Re: Trespassing?
[Re: jawbone]
#2793108
04/25/19 08:55 AM
04/25/19 08:55 AM
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Joined: Jul 2011
Posts: 34,667 Boxes Cove
2Dogs
Freak of Nature
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Freak of Nature
Joined: Jul 2011
Posts: 34,667
Boxes Cove
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3) Enter or remain unlawfully. A person “enters or remains unlawfully” in or upon premises when he is not licensed, invited or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privileges unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner
would this apply? from 13A-7-1 Do you know of any land in Alabama that is not used for something, be it recreation, timber, or future investment? I can't think of any. So you can get a conviction anywhere in Alabama without signage, posting or purple paint , why bother ? MOF, lines painted in any color would qualify for "used". Shouldn't make a damn what color the paint is , if it's clearly painted should be good enough.
Last edited by 2Dogs; 04/25/19 09:08 AM.
"Why do you ask"?
Always vote the slowest path to socialism.
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