Trespassing policemen.
Discussion
If a police motorcyclist is parked off the main highway in a rural location, in a gateway into a field, then technically he is parked on private property, since the driveway is considered in law to be the property of the landowner of the field adjacent to the public highway. It would be doubtful that the policeman has the landowner's permission to be parked on private property, therefore is the policemen thus parked, able to do his lawfully duty (say, operating a camera and issuing speeding tickets) when he is technically trespassing on private property.
Is there any case lore on this?
Is there any case lore on this?
Reminds me of an incident that happened to a work colleague years back when the BiB used to use the sensor wire across the road linked to a box at the roadside.
This chap was driving home after work and to get to his garage, which was behind his house, he had to drive past his front door. Just after he past the 'detector' he was stopped by a BiB and told he had been speeding.
When he asked where the detector was and where the 'box' was he was told "Oh we've hidden the box in that front garden behind the hedge"
"Have you got the householders permission to do that?"
"Course we have Sir!"
"No you haven't - it's my bloody house"
Red-faced BiB, friend carries on without even a reprimand.
He did change his car soon afterwards though
This chap was driving home after work and to get to his garage, which was behind his house, he had to drive past his front door. Just after he past the 'detector' he was stopped by a BiB and told he had been speeding.
When he asked where the detector was and where the 'box' was he was told "Oh we've hidden the box in that front garden behind the hedge"
"Have you got the householders permission to do that?"
"Course we have Sir!"
"No you haven't - it's my bloody house"
Red-faced BiB, friend carries on without even a reprimand.
He did change his car soon afterwards though
I seem to remember that you commit the civil offence of trespass only at the point you refuse to leave when asked by the land owner.
Just imagine what would happen if the Police had to ask the householders permission to enter a back garden when they are chasing a burglary suspect.
If an officer is in the 'execution of their duty', they can do alot of things that are technically illegal.
Just imagine what would happen if the Police had to ask the householders permission to enter a back garden when they are chasing a burglary suspect.
If an officer is in the 'execution of their duty', they can do alot of things that are technically illegal.
purpleheadedcerb said:
I seem to remember that you commit the civil offence of trespass only at the point you refuse to leave when asked by the land owner.
Just imagine what would happen if the Police had to ask the householders permission to enter a back garden when they are chasing a burglary suspect.
If an officer is in the 'execution of their duty', they can do alot of things that are technically illegal.
You are confusing implied licence with trespass. There is an 'implied' licence, that anybody has permission to walk up a drive to a person's front door, until the licence is explicitly revoked by the owner. If on the other hand you approach somebody's house from the side or back without using a path or drive, then in the absence of an earlier permission, you are trespassing.
Strictly speaking, Police need an owner's permission when chasing a burglary suspect, but the law recognises the concept of 'hot pursuit'.
filmidget said:
...since the driveway is considered in law to be the property of the landowner of the field adjacent to the public highway....
You sure about that?
Thought it was all the Highway up to the boudary line, and that you had a right of access over the 'driveway' strip?
I live in a rural area and know that the local authority highway department will NOT clean out ditches and do no more than trim the grass verge to a distance of 1 metre to the side of the highway because it is deemed that the remainder of the land is in the same ownwership as the adjacent property parallel to the highway. If ditches need cleaning and hedges need trimming then the local authority send out notices that this work must be done within a specified period.
>> Edited by buckshee on Wednesday 30th November 12:26
kenp said:
I seem to remember that you commit the civil offence of trespass only at the point you refuse to leave when asked by the land owner.
Just imagine what would happen if the Police had to ask the householders permission to enter a back garden when they are chasing a burglary suspect.
If an officer is in the 'execution of their duty', they can do alot of things that are technically illegal.
You are confusing implied licence with trespass. There is an 'implied' licence, that anybody has permission to walk up a drive to a person's front door, until the licence is explicitly revoked by the owner. If on the other hand you approach somebody's house from the side or back without using a path or drive, then in the absence of an earlier permission, you are trespassing.
Strictly speaking, Police need an owner's permission when chasing a burglary suspect, but the law recognises the concept of 'hot pursuit'.
I was woken up one night by noises in the back gardern. Looked out the window to see a Police dog handler and dog looking round the garder with a tourch. He then jumped over the wall at the bottom of our gardern to search other properties. I didn't say anything as he was just doing his job I suppose, but I did wonder if they were allowed to do this. Not that I wanted him to knock on my door at 4am to ask permission.
kenp said:
I seem to remember that you commit the civil offence of trespass only at the point you refuse to leave when asked by the land owner.
Just imagine what would happen if the Police had to ask the householders permission to enter a back garden when they are chasing a burglary suspect.
If an officer is in the 'execution of their duty', they can do alot of things that are technically illegal.
You are confusing implied licence with trespass. There is an 'implied' licence, that anybody has permission to walk up a drive to a person's front door, until the licence is explicitly revoked by the owner. If on the other hand you approach somebody's house from the side or back without using a path or drive, then in the absence of an earlier permission, you are trespassing.
Strictly speaking, Police need an owner's permission when chasing a burglary suspect, but the law recognises the concept of 'hot pursuit'.
Fair enough. I must say it wasn't a chapter I paid a great deal of attention to at training school and rarely came up on division!
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