Encounter with TPD

Use this forum to post your experience with encounters with law enforcement, criminals, or other encounters as a result of your firearm or potential to be carrying one.

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Curzyk
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Re: Encounter with TPD

Post by Curzyk »

soontobedeity wrote:
Brian D. wrote:At least thanks to your early warning system, you knew that someone was outside...could be much worse to have to find that out on your own during a late night, half groggy trip to take some garbage to the can out there.
We have two dogs - one's an 80-pound bulldog mix, and the other is a 7-month old Newfoundland (he's already 90 pounds :shock: ). Both of them have big, big barks. I'm grateful that they weren't outside when the officer let herself in. I hear too many horror stories about cops shooting dogs.
BobK wrote:Your girlfriend was nicer than I would have been. Instead of asking if I could help, my question would be if they could explain why they are trespassing in my backyard.
I was (still am) definitely peeved. Even knowing that there was nothing back there to hide, it's still nerve-wracking to have police on the premises without knowing for sure why they're there.
I share these sentiments.. My dogs are almost never in the yard without supervision. Can anyone explain what the legal parameters are for LE trespassing while in search or pursuit of a suspect?
carmen fovozzo
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Re: Encounter with TPD

Post by carmen fovozzo »

LE...we're chasing a rapist and we believe he is hinding on your property, can we proceed.... ? Rediculous.
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BobK
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Re: Encounter with TPD

Post by BobK »

Carmen is correct, of course. If the police are in "hot pursuit", they have the privilege of chasing the suspect into private property.

I'll still ask them why they are trespassing. If their answer makes sense, I do not have a problem with it. If it is petty ante BS, then I'll complain through channels.
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soontobedeity
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Re: Encounter with TPD

Post by soontobedeity »

BobK wrote:If the police are in "hot pursuit", they have the privilege of chasing the suspect into private property.
I'd argue that if they need a dog to pick up the trail, the pursuit is no longer "hot." In fact, the footprints and scent wouldn't disappear in the 5 minutes it would have taken them to introduce themselves at the front door and let me know what they wanted to do, and why.
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charliej47
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Re: Encounter with TPD

Post by charliej47 »

:shock: A few years ago a friend of mime heard a noise in his back yard. He opened the door to see what it was and found himself faced with two drawn weapons and two police. After everything settled down and he was released from the cuffs, he found out that they were looking for someone.

This was not "hot pursuit" and he was very upset about having guns pointed at him and being put into cuffs.

He called the police department the next day and got the run around.

He finally talked to the chief and was told the the two officers would be talked to on how to handle encounters.

It was about a month later when his wife had to call because of someone broke into their garage. When the police finally showed up, they did not respond very well to the event. His wife overheard one of the LEOs tell the other one, "See if they like this response better".

My friend thought about getting a lawyer but ended up moving before anything was done.
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Werz
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Re: Encounter with TPD

Post by Werz »

Curzyk wrote:Can anyone explain what the legal parameters are for LE trespassing while in search or pursuit of a suspect?
That depends. In terms of what constitutes a hot pursuit, there is no requirement that the offender was always in "line of sight." The classic case of Warden v. Hayden, 387 U.S. 294 (1967), involved a situation where an armed robbery "suspect had entered [his residence] less than five minutes before [the police] reached it." Id. at 298. There, the police were justified in entering the home. The curtilage of the property is also protected, but not as much as the actual residence. It depends on the expectation of privacy. I note that soontobedeity has a fenced back yard; that would increase the expectation of privacy. If the fence was chain-link instead of an opaque board fence, the expectation of privacy would be lesser. Generally, it's something that is judged on a case-by-case basis.
glocksmith wrote:What if they were passing through your yard while searching for a guy...and they noticed you had marijuana growing there? Would that be admissible in court?
The fact that they brought the dog along would probably make that inadmissible. Florida v. Jardines, 569 U.S. ___, 133 S. Ct. 1409 (2013).

I think the biggest problem here would be the officer's reluctance to explain what they were doing. There's no good reason for that. I was in this situation many years ago, when a state trooper with a shotgun came through my backyard and carefully looked into my garage. I asked who was looking for, and he said a murder suspect who had just escaped from the local forensic diagnostic center. I asked if that the was the guy I read about in the newspaper, and he said, "That's the one." I wished him luck and went inside to let him do his job.

Of course, some here say that they would have been more rude to the police officer. Well, you get what you pay for.
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carmen fovozzo
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Re: Encounter with TPD

Post by carmen fovozzo »

I wished him luck and let him go on his way.......... I like that....
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Ray
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Re: Encounter with TPD

Post by Ray »

If I was to have anyone in my backyard uninvited, I would light the whole darn yard up, withmy eight flood lights, just to see who or what was there. This lights every part of my yard, no blind spots anywhere.

Just what I would do. :D :D

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Metal1
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Re: Encounter with TPD

Post by Metal1 »

The Marshals Fugitive Task Force once rolled up on my front lawn in their van to serve papers on the neighbor. They parked it there and got out for about the 30 seconds it took me to confront them and tell them to get it out of my yard.
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