this post was submitted on 11 Feb 2025
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politics

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[–] [email protected] 3 points 13 hours ago (2 children)

No.

He was allowed on the property, and that presumes he was intended to be there. If at some point they were told they were trespassing, then they need to leave. There is no such thing as a "conditional trespass" in US law after you're already there.

This will fall apart in court if it's a trespass charge.

[–] [email protected] 2 points 13 hours ago (1 children)

Oh also...

A conditional or restricted consent to enter land creates a privilege to do so only in so far as the condition or restriction is complied with.

Source: https://trespass.uslegal.com/trespass-to-real-property/particular-acts-or-omissions-constituting-trespass/

[–] [email protected] 0 points 12 hours ago (1 children)

Let me retort with an actually salvageable communication of those laws by a reputable institution: https://www.law.cornell.edu/wex/trespass

Not the first paragraph.

[–] [email protected] 0 points 12 hours ago

That's obviously an under representation of what trespass is. Even your original statement shows that. It's not just entering property without permission. As you said you can have permission to enter, then have said permission revoked and be asked to leave and THEN be trespassing if you remain without permission. You can also be trespassing if you enter a property with intent to take actions that are clearly unwanted/ unsanctioned by the owner (such as vandalism, dumping waste, putting on a concert, etc.) Your source has clearly not covered all the bases.

[–] [email protected] 1 points 13 hours ago* (last edited 13 hours ago) (1 children)

If i put a no solicitation sign on my property and solicitors walk past that to come knock on my door, that's trespass. If i put up a no fishing sign on my pond, and you come and fish, you're trespassing. Just because I may otherwise welcome the neighbors to come hang out and swim in my pond, doesn't mean you can do what you want when I've expressly forbidden it on my property. Your allowance on my property is conditional and intentionally violating those conditions means you are no longer welcome and you're aware of it. Passive notice is still notice. Same way with no trespassing signs or locked gates.

[–] [email protected] 1 points 12 hours ago (1 children)

Yeah, that is actually trespassing if you're giving notice. If you invite someone onto your property, then call the cops because they are trespassing, YOU will be in the wrong.

[–] [email protected] 2 points 12 hours ago* (last edited 12 hours ago)

In the example I gave that you disagreed with, they would have given them notice. They would have said something like, "no protests, no political stunts, etc." I'm not saying that they did say that. I'm saying that IF someone was given those as conditions for entry, hypothetically, and then violated them, then they would be trespassing. Telling someone you can perform on my property as long as you don't do X is the same as having a sign that says "you can swim in my pond but no fishing"