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Originally posted by Dilligaf28
reply to post by jfj123
There is no legal mechanism which would compel me to grant you passage, freedom of speech, freedom of religion, the right to assemble, the right to carry a firearm, or any other Constitutionally protected rights while on my private property.
If you choose to violate my property without my consent I can, depending on the State law, extricate you, detain you until police arrive, or even go so far as to shoot you for trespassing.
I would welcome you to test the voracity of my statement should you so desire.
I have the right and the authority to search you before you come onto my property.
I have the right and the authority to deny you usage of my property.
I have the right and authority to remove you from my property at any time for any reason.
I have this right in my home and I have this right in my business.
Originally posted by jfj123
If you post a sign stating your property is PRIVATE..aka private property and I walk through it your only legal recourse is to call the police and ask that I be removed/arrested for trespassing.
A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine arising from English Common Law[1] that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his "castle"), and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.
Originally posted by jfj123
If you choose to violate my property without my consent I can, depending on the State law, extricate you, detain you until police arrive, or even go so far as to shoot you for trespassing.
No you can't.
Originally posted by jfj123
I have the right and the authority to search you before you come onto my property.
No you don't.
Originally posted by jfj123
I have the right and authority to remove you from my property at any time for any reason.
If and only if I am posing an iminant threat can you legally detain me. otherwise I get a fine and you go to jail
Originally posted by jfj123
I have this right in my home and I have this right in my business.
No not really.
Originally posted by defcon5
A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine arising from English Common Law[1] that designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his "castle"), and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.
Any place that you legally occupy, you have a right to defend as your castle. If you are in fear of imminent violent attack, and feel you can prove your fears in court, you have the right to use deadly force.
It does not necessarily have to be posted!
Hence the fact that the law applies to someone trying to carjack your vehicle. I have never seen a vehicle with a “no trespassing” sign on it. Certain areas are implied to be no trespassing, such as your vehicle and your house.
As shown above, yes he can in several states.
Each state, with the exception of North Carolina, permits citizen arrests if the commission of a felony is witnessed by the arresting citizen, or when a citizen is asked to assist in the apprehension of a suspect by police. The application of state laws varies widely with respect to misdemeanors, breaches of the peace, and felonies not witnessed by the arresting party. For example, Arizona law allows a citizen's arrest if the arrestor has personally witnessed the offense occurring. [35]
American citizens do not carry the authority or enjoy the legal protections held by police officers, and are held to the principle of strict liability before the courts of civil- and criminal law including, but not limited to, any infringement of another's rights.
Detention is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property.[39] Detention is different from an arrest in that in a detention, the detainee may not be transported without consent.
I have the right and authority to remove you from my property at any time for any reason.
No if you are posing an imminent threat he can SHOOT you!
I have this right in my home and I have this right in my business.
YES! He does…
He also has that right in his vehicle.
Originally posted by balon0
reply to post by jfj123
You can't just walk away because you don't want a pat down. They will accuse you of being a terrorist because you're obviously hiding something. Detain you, call the police, and give a you a good beating with tazers and batons. If you're lucky you won't get shot in the back of the head when you're cuffed.