RETIRED game warden......straight F

"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’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.

Go by the old Indian proverb “ Use a bow and no one will know.”

Hell yeah !!! sue there arse before they know what hit em !

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.

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.

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

No way permission carries over...

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

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.

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.

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.

He does have permission it was from the prior owner.

I think the big question here is: if its just a little piddlin', is it REALLY trespassing?

Prior being the operative word.

Permission is the word. And this man has it.

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. 😄

Haha

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.