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UER Forum > Archived Rookie Forum > No "NO TRESSPASSING" sign to be found or seen = Legal exploration? (Viewed 889 times)
jackillac92 


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No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
< on 3/26/2008 3:49 AM >
Posted on Forum: UER Forum
 
If you dont see a NO TRESSPASSING sign is going onto ground you basicly know that you are tresspassing but you dont see a NO TRESSPASSING sign is it illegal?

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tholcomb 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 1 on 3/26/2008 3:50 AM >
Posted on Forum: UER Forum
 
Trespassing is illegal, all the time, sign or not.

insainly sound 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 2 on 3/26/2008 3:51 AM >
Posted on Forum: UER Forum
 
Depends on the state... Read the trespassing laws for your state... I know lots of times they say you need permission to be in a structure and if you have to hop/disable a fence... It changes it...

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tholcomb 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 3 on 3/26/2008 4:00 AM >
Posted on Forum: UER Forum
 
Well, it doesn't really matter if you don't get caught.

But here's laws n shit anyway.

http://www.uer.ca/...d=1&threadid=39918

jackillac92 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 4 on 3/26/2008 4:02 AM >
Posted on Forum: UER Forum
 
thanks I already know tresspassing is tresspassing k thanks

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insainly sound 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 5 on 3/26/2008 4:08 AM >
Posted on Forum: UER Forum
 
Posted by jackillac92
thanks I already know tresspassing is tresspassing k thanks


Then why ask? Besides even if it isn't legal you have a better chance of being able to plead ignorance! I got caught in a naval intelligence base out here, the guy pulled me over, and I made the point the gate was open, and there were no no trespassing signs and that he couldn't do shit.... He told me to have a nice night...

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junkyard 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 6 on 3/26/2008 4:33 AM >
Posted on Forum: UER Forum
 
No shit, trespassing is what it is in YOUR state. Around here you have to post a sign every (if my drunk as remembers) 200 ft. Laws are laws, 10 ft less and you're not trespassing. If you are told to not come back , you're trespassing, within 6 months. If you're caught within 36 hours, you're fucked. But one more hour makes you , like pretty cool. But then again you're whatever a judge says you are, to some aspects. So do what you think is right......and live with the rest.

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/-/ooligan 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 7 on 3/26/2008 5:38 AM >
Posted on Forum: UER Forum
 
I think it comes down to a 'reasonable expectation' of the sanctity of property.


Most people don't have N-T signs up on their back yard fences, their garages, or the front door to their homes, but if I'm caught in their back yard (fenced or not) in a residential neighborhood, I'd better have a pretty good explanation for my presence beyond "I'm an orinthologist! Now lower your voice, officer, because you're likely to scare away that Yellow-bellied Sapsucker up in that tree!"

I think other property is similar, in that you're still trespassing. Passing a Tres (violating N-T signs) just makes the potential for charges/conviction higher because unless you claim to be a moron, or where sleep-walking, etc. then you've demonstrated criminal intent to be on the property without permission, and depending on the state law, any peace officer might be able to immediately arrest you on suspicion of violating the trespass law, instead of needing a complainant (the property owner).



I once tried to UE the USCG LORAN transmit site near Middleton, CA. I used my GPS & map to get me to the general area, then I saw the big radio tower off in the distance, & used my laptop computer running Street Atlas USA & tied-in to my GPS to help me find the roads that actually lead back to the site, which started off as an Army radio receive site in the 1950s.

The site was pretty much out in the boonies, but I found the one road that looked like it winded around for a while & then led to the site. The first N-T sign basically indicated that it was a private road, with access restricted to residents, delivery vehicles, and authorized guests. I ignored that sign easily, and the road went past some ranches/farm houses. Continuing down the road, I finally got to my first USCG N-T sign, and passed that one with a little hesitation. A little further down the road was a more ominous-sounding USCG N-T sign, and I now I'm really starting to feel stupid as I blew off that one, because if I get caught, WTF do I say? Do I insult everyone's intelligence by saying "Signs? What N-T signs?!!" But I reasoned that I'd spent many hours driving up that way just to see the site, so I wasn't going to abort because of some N-T signs.


I keep driving down the winding access road (the area is hilly with lots of vegetation, so all I'm seeing is the upper-half of the big LORAN antenna/tower) thinking to myself that if I just press-on, any moment I'll come around a curve & FINALLY be blessed with a sight of the facility, and I can then pause, study it with my binocs for any signs of habitation. security cameras, etc. & then decide whether to get closer or not. I come around another corner, jubilantly expecting to see the full LORSTA from about half a mile away, but what do I see? Yet another very ominous N-T sign!

At this point, discretion was the better part of my valor, and I decided that I just needed to turn around & make that three hour drive home with my tail between my legs. English is my native tongue & my reading comprehension skills are quite high, so I could just picture myself up on the stand at some federal court, with a determined federal prosecutor rattling off the number of very prominent NO TRESPASSING signs that I passed in order to get to the point where I was finally caught at.

Had all those signs not been there, I absolutely would have driven down the road right up to the site & explained my interest to anyone who came across me without too much fear of arrest or successful prosecution, since it was a road that showed up on public maps, etc.

I took photos of most of the signs, and if I weren't too lazy to reduce their size right now, I'd post them here so you can see the basic progression from "Please keep out unless you belong here" up to "Stay the hell out of here or you will die!"

Here's something I've found to be true: The more N-T signs a place has & the more threatening the signs are, the greater the chances that the site probably has no real security besides the nasty signs trying to scare people off.


There's an FAA facility at a former Air Force Station near the former Mather AFB in Sacramento that has some big, hand-painted sign up which basically states that if you're snooping around, they'll report you to the FBI. I was very amused at that because I've seen plenty of other important FAA sites that just have the standard U.S. PROPERTY NO TRESPASSING as well as the generic FAA signs about tampering/interfering with any facility involved with the control of aviation can & will result in....


The FAA facility at the former Boron Air Force Station put up all sorts of scary N-T signs a couple years ago at the base of the access road, even stating that you're under video surveillance. When I first visited the site & they had minimal N-T signs, I was wondering if they did have someone there 24/7, but when I came back a year or two later & saw all those N-T signs warning of dire consequences should you be so brazen as to poke around the way-cool, mostly intact former AFS (later converted to a minimal security federal corrections camp), that's all it took for me to decide the joint must be unmanned.



I do not want to make a joke out of N-T signs though. They put us on-notice that we are or will be trespassing if we continue on our present path, and they greatly help make the difference between being asked/told to leave, and being told to lay down on the ground & be arrested, charged, & prosecuted.


/-/oolie





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Steed 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 8 on 3/26/2008 5:43 AM >
Posted on Forum: UER Forum
 
And let's not forget the real crime: getting caught.

junkyard 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 9 on 3/26/2008 5:58 AM >
Posted on Forum: UER Forum
 
Like I said, NT is what your state says it is. READ THE LAWS. In most cases it's a pink-who-cares=ticket. But Hollie's is a bit different. ANd I've been there man.

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Stewie 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 10 on 3/26/2008 9:34 AM >
Posted on Forum: UER Forum
 
It doesn't make it legal but it can make it easier for you to talk your way out of it if you're caught, especially if it's something as pithy as an abandoned house or an abandoned warehouse with a giant hole in the wall or some kind of other easy entry. This makes the "I was just taking a look" argument pretty easy to make, and likely for the cops to just warn you.

> The hierarchy of power dictates that the person with the most power does the least amount of work and retains the highest benefit.
Ram23 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 11 on 3/26/2008 12:27 PM >
Posted on Forum: UER Forum
 
As long as you didn't know you were trespassing, a lot of times it's not trespassing. But try and sell that to the cops, I'm sure they'll buy it up.



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PhotoSeeker 


Location: Sudbury
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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 12 on 3/26/2008 1:48 PM >
Posted on Forum: UER Forum
 
In Ontario, the conditions are:

1) A sign.
2) Any barrier that reasonably indicates that the property owner wishes to prohibit access to the property (ie fence, regardless of condition)
3) If there is any part of the grounds that are being kept, or cultivated.

As mentioned previously though, around here, so long as you're only carrying a camera, no b&e tools, and you're cool with whoever busts you, generally you walk with a "you shouldn't be here" speech.

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IDChris 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 13 on 3/26/2008 2:16 PM >
Posted on Forum: UER Forum
 
Trespassing is trespassing. It's the definition and remedies under the law that you should be concerned with. It could range from a "just get lost", to criminal charges.

In my state, if you are caught and asked to leave, but you either refuse or return within a year, charges can be filed. I found it interesting that the property has to be posted with signs with minimum standards.

Many targets I've found aren't posted.


[last edit 3/26/2008 2:18 PM by IDChris - edited 1 times]

Freak 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 14 on 3/26/2008 4:42 PM >
Posted on Forum: UER Forum
 
It also depends on the integrity of the cops/property owners. Unless you have pictures of the fence, can you prove in court that there weren't enough signs? The owner could stick some new ones up as soon as the cops haul you off. Or the cops could just lie, I got caught once in some steam tunnels and we truthfully told the police that there were no signs anywhere along our route, guess what showed up on our tickets? "Suspects passed numerous no trespassing signs". The uni went through and stuck up a bunch of new stickers after that, so how could we prove they weren't always there?

Property owners will often assume that you came in the front entrance or the main road, which is sometimes the only place they've bothered to put up signs. I've wandered into several sites from totally public trails where there are no signs, no fences, and no distinction between public and private land at all, and been confronted by angry people convinced that I hopped the gate or something. They couldn't comprehend that people coming from other directions would just assume the place was totally abandoned.





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arilem 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 15 on 3/26/2008 11:19 PM >
Posted on Forum: UER Forum
 
i agree with most of the comments. Where i'm from there really is no law again trespassing but i do avoid going into places where there are signs that state no trespassing. One time there was no sign stating no trespassing and i ended up getting in trouble with the owners... not a good thing. so DON'T GET CAUGHT!

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atomx 


Location: Brighton, ON
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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 16 on 3/27/2008 12:22 AM >
Posted on Forum: UER Forum
 
Posted by PhotoSeeker
In Ontario, the conditions are:

1) A sign.
2) Any barrier that reasonably indicates that the property owner wishes to prohibit access to the property (ie fence, regardless of condition)
3) If there is any part of the grounds that are being kept, or cultivated.



Don't forget that the sign can be a purple dot, or was it red.

And the sign [No Tresspassing] must be able to fit a 10cm circle in it otherwise it is not a legal restriction.


Found it


Form of sign

6. (1) A sign naming an activity or showing a graphic representation of an activity is sufficient for the purpose of giving notice that the activity is permitted. R.S.O. 1990, c. T.21, s. 6 (1).

Idem

(2) A sign naming an activity with an oblique line drawn through the name or showing a graphic representation of an activity with an oblique line drawn through the representation is sufficient for the purpose of giving notice that the activity is prohibited. R.S.O. 1990, c. T.21, s. 6 (2).

Red markings

7. (1) Red markings made and posted in accordance with subsections (3) and (4) are sufficient for the purpose of giving notice that entry on the premises is prohibited. R.S.O. 1990, c. T.21, s. 7 (1).
Yellow markings

(2) Yellow markings made and posted in accordance with subsections (3) and (4) are sufficient for the purpose of giving notice that entry is prohibited except for the purpose of certain activities and shall be deemed to be notice of the activities permitted. R.S.O. 1990, c. T.21, s. 7 (2).

Size

(3) A marking under this section shall be of such a size that a circle ten centimetres in diameter can be contained wholly within it. R.S.O. 1990, c. T.21, s. 7 (3).

Posting

(4) Markings under this section shall be so placed that a marking is clearly visible in daylight under normal conditions from the approach to each ordinary point of access to the premises to which it applies. R.S.O. 1990, c. T.21, s. 7 (4).


[last edit 3/27/2008 12:27 AM by atomx - edited 1 times]

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\/adder 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 17 on 3/27/2008 2:48 AM >
Posted on Forum: UER Forum
 
Actually There's a place I frequent and fish A LOT and right by the road there are signs "Posted no fishing no hiking ... etc etc. " Right on the telephone poles. I know that the signs are bullshit because the dumb neighbors across the street who put them up only put them on that one spot of land, along the road. They Don't even own the land. [Plus it's ILLEGAL to put any kind of sign up on a telephone pole.] once you're passed the signs thats it. there aren't any more posted at any other point of the road. The state owns the land near the river [it's a DEP designated trout stream] Once you get to the bridge where the river cuts across the signs end.

If you really want to do a test

Rip a sign down. and chuck it out somewhere. come back in a few weeks and see if it's been replaced ... if it hasn't then go ahead. If it's been replaced with a brandy new sign then some one probably is watching the site. (They still have yet to replace the last sign we tore down ... in FEBRUARY 2007 and that was over a year ago.) Far as I'm concerned it's been windy and the wind took the sign down...
[last edit 3/27/2008 2:49 AM by \/adder - edited 1 times]

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joeyofnepal 


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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 18 on 3/27/2008 3:06 AM >
Posted on Forum: UER Forum
 
I recently talked a cop into letting me go, on account of the fact that the place I was checking out was adjacent to public property (a damn beach!) and that there were no NT signs.

But, as is being said by others, you could very well be charged in the absence of a NT sign, so don't be a smartass.

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Re: No "NO TRESSPASSING" sign to be found or seen = Legal exploration?
<Reply # 19 on 3/29/2008 4:36 AM >
Posted on Forum: UER Forum
 
Posted by joeyofnepal
I recently talked a cop into letting me go, on account of the fact that the place I was checking out was adjacent to public property (a damn beach!) and that there were no NT signs.

But, as is being said by others, you could very well be charged in the absence of a NT sign, so don't be a smartass.


Again it depends on the state, but with no signage, no barriers, and no prior verbal warning for a deserted, unlocked, inactive site, there is little they can legally do in most states unless you commit another crime such as stealing.

However it never pays to piss off a cop, or an MP...
Remember that a federal site raises legal risks risks exponentially. They have their own laws and are exempt for that state's jurisdiction in many cases.
[last edit 3/29/2008 6:20 AM by blackhawk - edited 1 times]

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UER Forum > Archived Rookie Forum > No "NO TRESSPASSING" sign to be found or seen = Legal exploration? (Viewed 889 times)
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