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Re: Curtilage question
[Re: white marlin]
#8418146
06/11/25 07:46 PM
06/11/25 07:46 PM
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Joined: Jan 2007
Georgia
warrior
OP
trapper
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OP
trapper
Joined: Jan 2007
Georgia
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At no time have I ever consented for anyone to enter and wander my property without permission.. is your property posted against trespassing? No, as all land is posted by law in Georgia and most southern states. Down here the burden is on the trespasser not the property owner to know the property lines. No excuses and only a handful of exceptions, game wardens/surveyors/utility workers. The game warden one is on the way out though with courts in Tennessee ending open fields and a case in Alabama heading that way as well.
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Re: Curtilage question
[Re: CTRAPS]
#8418150
06/11/25 07:48 PM
06/11/25 07:48 PM
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Joined: Jan 2007
Georgia
warrior
OP
trapper
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OP
trapper
Joined: Jan 2007
Georgia
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Throw a tarp over everything on your property. Not allowed by code. You can but the tag thing still applies. Now just how they will know raises 4th amendment issues. They abuse that as they're fines come in below the costs of fighting it.
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Re: Curtilage question
[Re: warrior]
#8418155
06/11/25 08:02 PM
06/11/25 08:02 PM
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Joined: Feb 2020
Indiana
Providence Farm
trapper
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trapper
Joined: Feb 2020
Indiana
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BTW, in that case where I was told state law doesnt apply. Cat in foothold killed by stray dog. I took it to a bench trial in front of her and in spite of state law clearly saying cruelty does not apply to a nuisance animal to be removed from a home or business I was found guilty of misdemeanor animal cruelty for the one killed by a stray dog not under my control but not for the one that was caught and released, unharmed, to animal control when i was facing two counts not for the dog but for the traps used.
This old bat makes it up as she goes along.
Yet she keeps getting reelected every four years.
If you were to look at the gallery of her courtroom and take note of the demographics you'll see an interesting low value economic common denominator and surprisingly, it's not black. I've yet to see any notable person of the county in front of her bench.
I attempted to appeal that case to state court. Sure just post a 1k bond and this bailiff will escort you to the jail to be booked in before release once you pay the bond.
I paid the 300 fine instead. That's often the choice we make. I got a bs careless driving ticket in KY on an out of state youth hunt when my daughter was 7 now she is 23 so its been a while back . I had to go to court 4 times they keep continuing it. that was 2.5 hr drive one way each time and some missed work. Cost me a few thousand added up to "WIN" my case. Would have been much cheaper to just pay the ticket and that's what they count on most people to Do. I have just a little to much old stubborn German in my blood to back down when I'm right even if it cost me in the long run.
Last edited by Providence Farm; 06/11/25 08:03 PM.
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Re: Curtilage question
[Re: warrior]
#8418205
06/11/25 09:30 PM
06/11/25 09:30 PM
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Joined: Nov 2014
east central WI
Dirty D
trapper
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trapper
Joined: Nov 2014
east central WI
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No, as all land is posted by law in Georgia and most southern states. Down here the burden is on the trespasser not the property owner to know the property lines. No excuses and only a handful of exceptions, game wardens/surveyors/utility workers. The game warden one is on the way out though with courts in Tennessee ending open fields and a case in Alabama heading that way as well.
What I think the question about posting your property has to do with is its assumed that anyone, including LEO can reasonably walk up to your front door and knock to sell/talk/ or whatever with you. If you land is posted, including the path to the door and driveway that might be legal justification to keep everyone including LEO off your property period. I'm no lawyer but that's my understanding.
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Re: Curtilage question
[Re: Dirty D]
#8418236
06/11/25 10:17 PM
06/11/25 10:17 PM
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Joined: Jan 2007
Georgia
warrior
OP
trapper
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OP
trapper
Joined: Jan 2007
Georgia
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No, as all land is posted by law in Georgia and most southern states. Down here the burden is on the trespasser not the property owner to know the property lines. No excuses and only a handful of exceptions, game wardens/surveyors/utility workers. The game warden one is on the way out though with courts in Tennessee ending open fields and a case in Alabama heading that way as well.
What I think the question about posting your property has to do with is its assumed that anyone, including LEO can reasonably walk up to your front door and knock to sell/talk/ or whatever with you. If you land is posted, including the path to the door and driveway that might be legal justification to keep everyone including LEO off your property period. I'm no lawyer but that's my understanding. Not sure on that one. My understanding is that gated property has that effect and I've contemplated fencing the front but I'd need some sort of automated drive through gate as I can't reasonably stop in the road to open and close a gate.
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Re: Curtilage question
[Re: warrior]
#8418266
06/11/25 11:05 PM
06/11/25 11:05 PM
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Joined: Apr 2018
Missouri
undercover
trapper
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trapper
Joined: Apr 2018
Missouri
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Curtilage is the area that surrounds your dwelling that you keep maintained or fenced. It's the area that you take care of at regular intervals. Think of the mowed yard around your house. That's an easy way of understanding the concept. There are seven exceptions to a search warrant requirement. As mentioned by another on this topic, open fields is another exception. At least that's what I learned in college and then the law enforcement academy. I'm sure some will ask "what about this or that". Look up the seven exceptions and maybe some case law on those exceptions. A trapper site is probably not the best place to ask for legal advice but it's a great place to vent and get opinions from people that have watched Adam 12 (dang...I miss that show).
Last edited by undercover; 06/11/25 11:06 PM. Reason: spelling
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Re: Curtilage question
[Re: waggler]
#8418290
06/12/25 12:10 AM
06/12/25 12:10 AM
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Joined: Jan 2007
Georgia
warrior
OP
trapper
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OP
trapper
Joined: Jan 2007
Georgia
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What kind of code violation are you talking about? How can they cite you for having an expired tag if it is not on a public road? Never heard of such a thing. Derelict vehicle in yard type infraction. The defining item is the tag not condition. It could be up on blocks as long as the tag is current. Read that as pay me.
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Re: Curtilage question
[Re: waggler]
#8418294
06/12/25 12:29 AM
06/12/25 12:29 AM
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Joined: Nov 2011
Idaho Falls, ID
Grandpa Trapper
trapper
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trapper
Joined: Nov 2011
Idaho Falls, ID
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What kind of code violation are you talking about? How can they cite you for having an expired tag if it is not on a public road? Never heard of such a thing. I never did to. Surprising a southern State is doing this.
An old man roaming the Rockies
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Re: Curtilage question
[Re: warrior]
#8418306
06/12/25 04:38 AM
06/12/25 04:38 AM
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Joined: Dec 2006
williamsburg ks
danny clifton
"Grumpy Old Man"
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"Grumpy Old Man"
Joined: Dec 2006
williamsburg ks
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Couple towns in my county require a tag on any vehicle. One of the reasons i dont live there. Dont keep old cars on hand but if they have ordinances like that they are to far in other peoples business. Were you unaware that was an ordinance? Now you know. Your not getting out of paying that ticket. So put up with it or move. City judge does what the city wants or loses his cushy job.
Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin (1706-1790)
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Re: Curtilage question
[Re: danvee]
#8418378
06/12/25 09:27 AM
06/12/25 09:27 AM
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Joined: Jan 2007
Georgia
warrior
OP
trapper
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OP
trapper
Joined: Jan 2007
Georgia
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The county has records when you purchase tags and know that yours was outdated and the vehicle was on your property and registered to you they didnt have to see it just issue the citation based on probable cause like any other violation. I seriously doubt any of our code enforcement are that savvy.
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Re: Curtilage question
[Re: wytex]
#8418384
06/12/25 09:41 AM
06/12/25 09:41 AM
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Joined: Jan 2007
Georgia
warrior
OP
trapper
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OP
trapper
Joined: Jan 2007
Georgia
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Drone, they flew it over and saw what you have. Many, many states and counties are using them now for property tax assessments. If it is a county ordinance then good luck fighting it. I'm not really interested in fighting it per se but I got real heartburn over a warrantless search of my property. As others have said and I freely admit there was plenty of probable cause to believe that the vehicle had an expired tag. Just being backed in and immobile for a long period of time and inoperable is probable enough. But cause is not warrant to search, particularly as this wasn't a movable crime scene or exigent circumstances. I would even go so far as to say there was more than sufficient probable cause to convince a magistrate to sign off on a warrant but they did not do that. Instead they conducted a warrantless search of the property. Especially eggregious considering it was done without consent and while I and the wife were not home.
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Re: Curtilage question
[Re: warrior]
#8418785
06/12/25 09:54 PM
06/12/25 09:54 PM
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Joined: Dec 2020
Wisconsin
Scott__aR
trapper
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trapper
Joined: Dec 2020
Wisconsin
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Probably a municipal code dealing with unregistered vehicles not under cover (keeping a junkyard). Went though this a few years ago, someone ( probably new to the area) complained. Vehicles had been on the property for years. County sent a notice of the code ... "only two unregistered vehicles allowed on the property not being under cover.". County commissioner had come out to review the complaint, saw four vehicles on the property and reasoned their was a 'possible' violation. There was no way that they could have verified a violation from the public access. The county sent a notice of the code and 30 days to remedy the situation. It was a county wide crackdown, something to do with having a code related to junkyards. We had to provide photo evidence to the commissioner's office that the property wasn't in violation. And yes the property is posted.
As a side note, when my first wife divorced me, the sheriff delivered the summons at 10:00 pm, but only drove up to the trespassing sign on the driveway. I don't know if it was the sign or the LGD that was the deterrent. He did apologize for having to deliver the papers when I went out to see what was upsetting the dog.
Megapredator ... top of the food chain! Member of WTA Member of U.P. Trappers Member of NTA Member of FTA
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