Ways to Keep Police OFF Your Property, Legally

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Andrew Flusche Attorney at Law

Andrew Flusche Attorney at Law

Күн бұрын

Can the police come into your yard? Is there any way to try to keep them off your property? Let's learn the law of the lawn and how you can try to defend your castle!
Leave Andrew a voicemail with questions or ideas: www.speakpipe.com/flusche

Пікірлер: 1 900
@Damitsall
@Damitsall 2 жыл бұрын
Here's how that Idaho trial unfolds "we investigated ourselves and found we were all heros". Don't forget judges are a part of the blue line gang.
@oihilguest5902
@oihilguest5902 2 жыл бұрын
They change judges and charge you for whatever they want
@user-me8hc3bs7i
@user-me8hc3bs7i 2 жыл бұрын
He forfeited his assets to the government upon his death, which we rightfully caused. Protecting themselves and Enforcing their will on the public.
@petefromdewoods5157
@petefromdewoods5157 2 жыл бұрын
The thin blue line .... America's most violent street gang.
@mouses911
@mouses911 2 жыл бұрын
Exactly 💯
@starkiller9897
@starkiller9897 2 жыл бұрын
Yep!
@simplicityisbliss
@simplicityisbliss 2 жыл бұрын
Wow! A lawyer giving advice without charging us $200 to $400 for the answer. Kudos to you Andrew!
@tomcat124us
@tomcat124us 2 жыл бұрын
You ever get pulled over in Virginia, you know who your calling....
@mehardin
@mehardin 2 жыл бұрын
LOL, you think it's an act of charity? It's publicity for his practice. Not that there's anything wrong with that, a la Seinfeld.
@simplicityisbliss
@simplicityisbliss 2 жыл бұрын
@@mehardin LOL, you think it's publicity for his practice? It's free advice, not there's anything wrong with that either.
@piggyslayer1999
@piggyslayer1999 2 жыл бұрын
@@simplicityisbliss Not hard to understand that it can be both, and its not a bad thing
@simplicityisbliss
@simplicityisbliss 2 жыл бұрын
@@piggyslayer1999 yes and?
@Marxon1134
@Marxon1134 2 жыл бұрын
I padlock my fence gates for reasons like this, even if there's nothing worth stealing, it makes it difficult and noisy for any unauthorized entry to occur.
@ninascherry3274
@ninascherry3274 2 жыл бұрын
A police commander told me once that you actually shoot a person for just picking up a piece paper they may accidentally dropped on your property But there are consequences for shooting anyone😵‍💫
@frostyfrances4700
@frostyfrances4700 2 жыл бұрын
I'm at the point now where I'd rather do that than to worry about having to take the homeowners insurance company to court for trying a second time (if they do) to cancel my policy if I lock my gates. First time they claimed it was a safety hazard bc it would prevent volunteer firefighters from entry. Yeah, right; when the fence is only 4' high and the locks are tiny little luggage-size things. But as I described in length upthread, I have extenuating circumstances to consider.
@ChristianGibbons777
@ChristianGibbons777 Жыл бұрын
@@ninascherry3274 Seriously?? For just picking up a piece of paper??? That’s beyond unreasonable. Needlessly crazy bad!…
@darrenhaywood7924
@darrenhaywood7924 Жыл бұрын
I dont want cops or crack heads in my backyard
@christineribone9351
@christineribone9351 Жыл бұрын
@Marxon; Me too!
@duncanthedonut2325
@duncanthedonut2325 2 жыл бұрын
It’s sad we need videos like these to protect us from those who are supposed to protect us.
@scottcates
@scottcates Жыл бұрын
Super true.
@dxgi3737
@dxgi3737 Жыл бұрын
cops DO NOT protect anyone but themselves. They get away with murder because they can and do with no consequences
@Frankie5Angels150
@Frankie5Angels150 Жыл бұрын
I don’t look for the police to protect me. 9-1-1 is for EMS and Fire only in my house. Sam Colt is my police protection.
@1johnnygunn
@1johnnygunn Жыл бұрын
I think you misunderstand, the term law enforcement describes their job. Their only job is to enforce laws. There's no legal requirement that they protect or defend us
@larrygooch6233
@larrygooch6233 Жыл бұрын
Also the police used to be trained to shoot in the leg or right shoulder to dis arm and not 10cops in loading every magazine they brought just end up shooting the innocent person or hostage that escaped and is the one that called on the phone they shot him for having in his hand over his head.i know police have a scary job but without a good heart and proper training that they don't seam to get anymore they kill almost innocent. people as the crimanals
@xenomethean9304
@xenomethean9304 2 жыл бұрын
In the old days, you built a fence to help keep thieves away, now you build a fence to defend yourself from the serve-and-protect terror originations.
@WizardofGOP
@WizardofGOP 2 жыл бұрын
The fact is that the police were more of a threat to public safety than the person they were searching for.
@WilliamWizer
@WilliamWizer Жыл бұрын
aren't they always? don't get me wrong. the police is needed and some of them do a great job. but we can't know if the one in front of us will do his/her work or just ruin your life for no reason.
@reflect.
@reflect. Жыл бұрын
@@WilliamWizer Very true. But I just wanted to add that doing their job does often times means ruining innocent life. When their other blue line members see their colleagues ruining innocent life they usually join in.
@kyleanderson449
@kyleanderson449 Жыл бұрын
​@@WilliamWizer police are only needed because we have police. We should Police ourselves.
@Featherless1
@Featherless1 Жыл бұрын
*DEMILITARIZE THE POLICE!*
@andyrme2
@andyrme2 Жыл бұрын
@@WilliamWizer i give them no credit at all
@ptmiller78
@ptmiller78 2 жыл бұрын
Tyranny always occurs under the guise of "safety"
@bensmith4563
@bensmith4563 Жыл бұрын
I always say safety is the gateway to tyranny
@andyrme2
@andyrme2 Жыл бұрын
two things come to mind.. its for your safety or its for the children.. either one has some congressman holding stock in a company that they want to force you to use under force of law... seat belts.. child retainers.. three brake lights.. etc..
@daltonwatson2058
@daltonwatson2058 Жыл бұрын
"Let us protect you, or we'll punish you."
@NoMoreRatRaceForMe
@NoMoreRatRaceForMe 2 жыл бұрын
You can’t just kill someone, even if they stole a cell phone or an iPad. It still is rife with poor judgement by the police at best. If the man did not pull a weapon on the cops the cop should absolutely go down for manslaughter.
@HariSeldon913
@HariSeldon913 2 жыл бұрын
I haven't read up on the case, but by the description in the video and your post, manslaughter doesn't sound like enough. More like 2nd degree.
@markhettwer7968
@markhettwer7968 2 жыл бұрын
Please think of the children
@mikeburns6603
@mikeburns6603 2 жыл бұрын
You're acting like we don't live in a police state. It's almost like you believe that police can be held accountable.
@bobguy6542
@bobguy6542 2 жыл бұрын
You can, indeed, kill someone if they stole something, and you are trying to recover that property. Whether you're the police, or just someone that witnessed the theft. A bullet to the back is a lawful way to stop a fleeing person.
@TheGarbageGhillie
@TheGarbageGhillie 2 жыл бұрын
No, the cop should go down for murder at the very least. You're on YOUR property minding your own business and someone gets to get a free pass to invade your property and kill you just because they have a badge? To hell with that.
@mattbrown5511
@mattbrown5511 2 жыл бұрын
Like the police care about the exceptions. LEO's (Law Enforcement Officer) know that D.A.s rarely file charges against their investigators (the police), and that the judges will usually side with the police for "public safety" or "officer safety". So, the general public really have almost no property rights in actuality. Government protects government.
@LadyDewBuild
@LadyDewBuild 2 жыл бұрын
Case dismissed against Officer Cerdas Apr 12, 2022 with no explanation on why.
@JaelH7
@JaelH7 Жыл бұрын
Exactly, Matt. 👊
@kck-kck879
@kck-kck879 Жыл бұрын
Yea, that's some mafia shit right there
@jobu88
@jobu88 Жыл бұрын
Hey Andy -- how about expanding to the question of what to do if cops are on your property without exigent circumstances, without a warrant, and they ignore your repeated demands to get off your property?
@shawnking8471
@shawnking8471 Жыл бұрын
I've had an officer park in my driveway and doing radar on cars passing by . I had to ask him to leave the property and he ask if it was a request or demand . I pointed to the signs and markers telling him no meant no and that the road was not county property but private property also without speed limits in place . He called for a supervisor and was told to leave the area and not return .
@ElGatoLoco698
@ElGatoLoco698 2 жыл бұрын
"He was worried about the kid's safety and wanted to call their parents." That's a huge load of BS. He wanted to capture those kids to write them tickets and possibly arrest them. He had no interest in their safety or calling their parents.
@misterbear9211
@misterbear9211 2 жыл бұрын
+ElGatoLoco698 You do realize that the top priority of any police officer is keeping people safe. Especially when kids are involved.
@ElGatoLoco698
@ElGatoLoco698 2 жыл бұрын
@@misterbear9211 Hahahhaha, the irony just puked all over my keyboard.
@ElGatoLoco698
@ElGatoLoco698 2 жыл бұрын
@@misterbear9211 fdsajkl;ajkkd not working kjfsakdljsdfkj F U irony
@chickenmonger123
@chickenmonger123 2 жыл бұрын
@@misterbear9211 No it isn’t. Law enforcement first and only priority is to exert personal power. Because it’s fun. Like hunting wild game. It’s the thrill of the catch. Hunters. Every single one of them are hunters. And you are their prey. Well not you. You are probably above their level to catch. It’s a matter of class.
@TheSubmissionChannel
@TheSubmissionChannel 2 жыл бұрын
@@ElGatoLoco698 Who cares? Shut your male Karen mouth up and follow the law. That chomo shouldn't have been providing drugs KNOWINGLY to minor children.
@Reno_Slim
@Reno_Slim 2 жыл бұрын
I'm certain that if I'm home and cops are poking around my yard, the sprinklers will mysteriously come on.
@kck-kck879
@kck-kck879 Жыл бұрын
Haha nice
@chemistryofquestionablequa6252
@chemistryofquestionablequa6252 Жыл бұрын
"It's on a timer officers"
@andyrme2
@andyrme2 Жыл бұрын
cops started sitting on a side street next to my house.. i m on a corner.. best i could tell if you had a old beater you ld get stopped or speeding .. wasn t high speed either .. had a spot light on side of house.. when i would see them just flip it on.. they ld show up blocks away
@otherbob23
@otherbob23 11 ай бұрын
Put sprinklers on the hot water line.
@zatoth13
@zatoth13 2 жыл бұрын
My dad chased animal control officers out of our yard at my old house. They had entered looking for a feral chicken. I would think looking for a feral chicken is not a exigent circumstance
@TheWhiteDragon3
@TheWhiteDragon3 2 жыл бұрын
Well, this has just justified my dream of building a house with an inner courtyard instead of an outer lawn. Also, the concept of "implied consent" has a _whole_ lotta yikes written all over it
@paxundpeace9970
@paxundpeace9970 2 жыл бұрын
Implied consent applies for the driveway and the way up to the door for delivery and something like this that does includes welfare checks.
@Dudesunperfect
@Dudesunperfect 2 жыл бұрын
@@paxundpeace9970 what if your gates are locked with a no trespassing sign?
@jaydunbar7538
@jaydunbar7538 Жыл бұрын
@@Dudesunperfect you answered your own question, would you consider a locked gate an open avenue for the public to knock on your door or deliver a package?
@user-df9ce4nn4m
@user-df9ce4nn4m Жыл бұрын
An inner courtyard would be amazing.
@robertsteinbach7325
@robertsteinbach7325 Жыл бұрын
I love the Spanish Hacienda building style that has a gated courtyard before the entrance to the house. It gives outside space with privacy.
@carlmanis879
@carlmanis879 2 жыл бұрын
I guess you need to make your own no trespassing sign. It should read no trespassing on my property by anyone including law enforcement of any branch. If I did not order something or mail your not welcome here.
@accuratealloys
@accuratealloys 2 жыл бұрын
The cops would claim that they are illiterate.
@domusdebellum3042
@domusdebellum3042 2 жыл бұрын
@@accuratealloys a valid defense
@paxundpeace9970
@paxundpeace9970 2 жыл бұрын
Mail box on the front gate problem solved.
@frostyfrances4700
@frostyfrances4700 2 жыл бұрын
When I'm expecting a package, I park a garden cart not too far away from the gate, inside the fence of course; it's marked "P K G S" with an arrow indicating to drop them inside. That way they're not directly visible to passersby; and I've spent more than a few years teaching the locals in 'Mayberry' to keep the F outta my yard. Normally I wouldn't be quite so territorial but the rwnj's around here kept pounding on my door etc. until they left me no choice. The entire property's u fenced too. And I used to have 2 poison-trained chows running loose inside. When they were alive, for some reason I never had to worry about locking the gate. :P Lastly - I promise! - need I say that anyone adopting these tactics should remember NOT to show undue emotion at all. Only time I ever made noise was when chasing Mr. Claw Hammer Neighbor back inside his own house. Normally you want to keep as even a demeanor as possible, although if you happen not to be wearing mirror sunglasses, it can be useful if they see a glimmer of delight in your eyes. A lot of this amounts to theater.
@doctorcrafts
@doctorcrafts 5 ай бұрын
You’re
@leef_me8112
@leef_me8112 2 жыл бұрын
5:50 Cerdas was in "hot pursuit" No Andy he wasn't in "hot pursuit", he, among others, was looking for suspect. "hot pursuit" requires seeing the suspect go that way, not relying on GPS coordinates.
@paxundpeace9970
@paxundpeace9970 2 жыл бұрын
I believe you are right. Searching is still allowed.
@leef_me8112
@leef_me8112 2 жыл бұрын
@@paxundpeace9970 NO, Searching is not allowed. Going into backyard is trespassing. according to Andy police got a "lead" that someone was tracking the suspect. (he was in reality, some distance away) Btw, I skimmed the video again and Andy said the trial wound be January 2022. I googled and found case dismissed, if you want more info, check my "new" reply as of today.
@davidvantassel401
@davidvantassel401 Жыл бұрын
@@paxundpeace9970 okay but it does not mean an execute any and all people you see or make contact with
@darylhoyt5012
@darylhoyt5012 2 жыл бұрын
Andrew, you are doing the citizenry a great service, and your videos further prove that lawyers, as a class, cannot be written off as unscrupulous. Thank you, sir.
@crimsonmask3819
@crimsonmask3819 Жыл бұрын
_Defense_ attorneys are awesome.
@PeterGoyer
@PeterGoyer 2 жыл бұрын
Thank you for the concise examples and background of these issues. I need a fence across the front of my yard with locked gates to create my "moat".
@ridgerunner106
@ridgerunner106 Жыл бұрын
Been living behind a gate out in the country for over 25 years. You should try it.
@highlow6671
@highlow6671 2 жыл бұрын
Cops can do whatever they want regardless of what is legal or not. If it's later termed "illegal", after they investigate themselves, then the taxpayers can foot the lawsuit. Only exception is when it goes viral or they target someone well connected.
@brianvickery4071
@brianvickery4071 2 жыл бұрын
Actually, we foot the bill because the town has the 'deepest pockets'. IE, the lawyers could get more money out of the town instead of the officer. I actually read an Attorney or someone had an issue with the police and instead of suing the town, he went after the individual officers. He very much bankrupted them. He didn't get much money, but he did win his case. Late 1990's to early 2000's IIRC.
@jeffrielley920
@jeffrielley920 2 жыл бұрын
@@brianvickery4071 Qualified immunity prevents officers from being sued for something they did in the course of their duties. The Supreme Court makes it very difficult to sue individual cops.
@starastronomer
@starastronomer 2 жыл бұрын
@@jeffrielley920 I know that for a fact. I sued a cop and he was given Qualified Immunity by the judge. Cops know they can damn near get away with murder.
@Reno_Slim
@Reno_Slim 2 жыл бұрын
@@starastronomer Until qualified immunity is eliminated nationwide, I wouldn't do anything to assist a LEO under any circumstances...including to save their life.
@aennaenn7468
@aennaenn7468 2 жыл бұрын
@@starastronomer Damn near? You mean can. They can, and do, routinely. They're highwaymen and mercenaries, nothing more.
@tudorjason
@tudorjason 2 жыл бұрын
2:12 - People seem to have this ignorance about recording other people. They confuse recording private conversations with recording in public. This means that it is lawful to record whatever you see from a public standpoint even if they are recording a person who is on private property.
@AG-en5y
@AG-en5y 2 жыл бұрын
Some times I think they know but they just wanna lie to get someone to stop taping.
@paxundpeace9970
@paxundpeace9970 2 жыл бұрын
Unless they would have to expect privacy
@MrFlintlock7
@MrFlintlock7 2 жыл бұрын
As always, very useful information! I hope the actual Idaho suspect, who ran from a ticket, was SOMEHOW an immediate threat to public safety
@zatoth13
@zatoth13 2 жыл бұрын
Drones actually require warrants in some cases. For example, if you have a wall around the backyard, police need a warrant to use a drone to fly in and look around, as drones fly in private space and can hover outside of windows (Lehto’s Law addresses the case)
@Frankie5Angels150
@Frankie5Angels150 Жыл бұрын
Is it against any law to take down a drone with a shotgun?
@dakotathoms8404
@dakotathoms8404 Жыл бұрын
​@@Frankie5Angels150 personally I would use a suppressed air rifle, much quieter and safer for the neighborhood, less likely to have destruction of property charges filed when they can't identify where the shot came from
@mlgusman979
@mlgusman979 Жыл бұрын
Question, farmers are seeing unmarked large drones spraying their fields without their permissions. Gov. Agencies have been identified as being the culprits.......without permission?????? Being sneaky about it??????
@Anonymous-zv9hk
@Anonymous-zv9hk Жыл бұрын
Death is not a penalty for misdemeanor traffic violations. Consult your attorney about posting "No entry without warrant or express invitation - Curtilage boundary.". Watch out for this police excuse: "If post office, UPS employees and meter readers can deliver to front door, then the implied invitation to them is an exception that also applies to me, even if my purpose is to search the house without a warrant or kill who ever answers the door."
@rydplrs71
@rydplrs71 2 жыл бұрын
I thought hot pursuit requires an officer actually observing the suspect entering a legally protected area. Disappearing down a side street shouldn’t justify breaking into every house on the street. They also lacked information saying the suspect had the phone on him. Anyone who grew up as cell phones evolved knows they are remote tracking devices. I personally kept my non gps/e911 phone until government made it illegal to continue using. For my safety…..that stinks worse then the dog doo I wipe off my shoes.
@Mercurio-Morat-Goes-Bughunting
@Mercurio-Morat-Goes-Bughunting 2 жыл бұрын
Cell tower triangulation is pretty old hat and is NOT the same as GPS (satellite based). One fails outside areas with cell coverage from more than one cell tower and the other doesn't. Not knowing the difference can get you killed if you rely on fake "GPS" outside civilisation (e,g, at sea or in the outback). Telling a customer that their new phone has GPS when it only has cell tower triangulation is fraud and could potentially lead to either a manslaughter or felony murder charge if your client, for example, gets lost and dies from heatstroke or exposure in the bush with that phone in their possession.
@trikstari7687
@trikstari7687 2 жыл бұрын
You can just make a phone pouch out of like, 11 layers of aluminum foil and it will block the signals. Or, just leave your phone at home whenever you go out, then it's an air tight alibi for literally anything. Because if the governments logic is "your phone was there, you had to have been there" then they can't realistically claim you were anywhere else but home. "But we have video of you" "Well then, you can't logically argue that the presence of a phone is evidence of a persons presence, ever again". Should probably set up a bot to engage in random activity on your phone, while it's at home and you are out and about.
@ArmyVet98958
@ArmyVet98958 2 жыл бұрын
Kind of like Boston marathon bombing?
@rikubrown8109
@rikubrown8109 2 жыл бұрын
Really? Cuz I still use mine. Even went as far as learning how to remove the GPS unit out of Samsung's
@johnmuir8305
@johnmuir8305 Жыл бұрын
@@rikubrown8109 Lol the GPS receiver isn't the thing to worry about, you did absolutely zero for your goal.
@thullraven1
@thullraven1 2 жыл бұрын
Yes, the Officer had a reasonable and justifiable reason for entering that man's yard in Idaho Falls. However, the Officer had absolutely NO JUSTIFICATION for shooting him. Even if the guy was the "suspect" they were looking for, fleeing a traffic stop doesn't justify taking a life. I hope this "Officer" gets jail time. It's the only way the man's family could have any measure of closure.
@Andrewflusche
@Andrewflusche 2 жыл бұрын
It's going to be interesting to see how the trial unfolds.
@ppumpkin3282
@ppumpkin3282 2 жыл бұрын
If they guy who got shot was black, we'd we getting nightly updates from CNN, CNBC, and daily protests from BLM.
@wm8982
@wm8982 2 жыл бұрын
@@ppumpkin3282 That's an interesting take - so you're saying Black people support each other and White people don't care about each other ??
@stevef68
@stevef68 2 жыл бұрын
I don't know all the details of the case, but I disagree that the police were in "hot pursuit" if they received a "tip".
@sawyer4981
@sawyer4981 2 жыл бұрын
Not going to happen in Idaho :( People worship police here. I would be surprised if the jury finds him guilty.
@user-sirscottdouglas
@user-sirscottdouglas 9 ай бұрын
Thank you for your videos. Very informative and 100% helpful. I also live in Spotsylvania and been here all my life. There’s been a lot of changes. Especially changes in the laws. So thanks again
@SeverusStudios1980
@SeverusStudios1980 2 жыл бұрын
YOU ARE NOW MY LAWYER..... I MEAN THAT. THE FIRST BLOKE IVE HEARD SPEAK THAT ACTUALLY KNOWS WHAT HES BLOODY TALKING ABOUT. ILL BE IN TOUCH.
@mrj-charles6383
@mrj-charles6383 2 жыл бұрын
I did not know that about the fence. I did experience what you mentioned in the video though.Was asked permission to enter the property because I had a padlocked gate with a no trespassing sign.Now I know that I did something smart without even knowing it.
@suzirivera1608
@suzirivera1608 2 жыл бұрын
Well, I have the gate, I guess my project for after work tonight is to make a nice big decorative NO TRESPASSING sign 😂
@alphaforce6998
@alphaforce6998 2 жыл бұрын
Only if you said NO!
@mrj-charles6383
@mrj-charles6383 2 жыл бұрын
@@alphaforce6998 Of course the answer was no. I do not like people creeping around my property that was the reason I started padlocking the gate.
@TheHanJohn
@TheHanJohn 2 жыл бұрын
I'm pretty sure my township has an ordinance against fences/gates in the front yard. Is that code even legal?
@mrj-charles6383
@mrj-charles6383 2 жыл бұрын
@@TheHanJohn All depends where you live. If you are in HOA you would have talk to them. If not then find who is your code enforcement officer and ask them. I am buying a new house and need to see if I can put a fence across the front there. I originally had the fence to contain my dog in the yard.
@rsmith3062
@rsmith3062 2 жыл бұрын
Have you covered officers asking ID from passengers in your car? Love your content, no nonsense approach to asserting your rights while being civil to police.
@travisdonotsuscribegototjs9323
@travisdonotsuscribegototjs9323 2 жыл бұрын
In most cases the police have the right to identify you when questioning, all you have to do is give them your DL or ID in most cases with me I never have my DL but I know my DL # and that usually works in most cases as they will just use the same number anyways to look you up in their system, going out of state its a good idea to have an ID on you as your not a local
@mr.8999
@mr.8999 2 жыл бұрын
@@travisdonotsuscribegototjs9323 they only have a right to your name if detained.if you are not suspected of a crime then no they dont get to ask for I'd.
@misskim2058
@misskim2058 2 жыл бұрын
You ask them “am I being detained?” If they say yes, you say “on what charge?” At that point you say nothing more at all. Anything you say can, and will, and will, and will, be used, be used, be used, against you, against you, against you, you, you, you, you in a court of law. You don’t actually have to be arrested for them to take everything you say and use it against you. Being a “fine upstanding police officer“, It would be their word against yours. In other words they can only make up a conversation. I actually leave an audio recording going when I’m out and about because of issues I’ve had in the past from various people, so unless I was actually frisked, they would not know that, and if in a court of law they tried to say something that wasn’t true, I would pop out my recording and prove that cop a liar. If they say no, you are not being detained, you say “am I free to leave?“. And their answer had better be yes. Be polite about it, but they know if you’re not being detained for some really good reason, they have to let you go your way. No ID, unless you’re being detained. Even then, and I would ask a lawyer about this to be sure, I would probably say “I need to see a lawyer first” (before showing my ID. I’ve had enough of bullying “authorities”. If it’s not the law, and they pressed, I would just not say anything further, because I’ve put in my request for a lawyer and the only word you need to say is “lawyer”. It only needs to be the one word. Lawyer. You have the right to remain innocent, even if you’re not being charged with anything. And the best way to remain innocent is to not say anything at all. And as he had said before, don’t answer the door if they ever come knocking unless they shout out that they have a warrant. I don’t even go look and see who it is. I don’t even go to the door at all. If someone wants to see me, they know what has to be done first. Everyone else doesn’t have an appointment. I am definitely a “by appointment only” and “state your business” kind of woman. Do not ever let them goad you into saying anything more. Even if you say you weren’t somewhere, you’ve opened the door for them to ask a bunch of other questions, like where are you actually were, and what you were doing, and who you were with, then you have to drag everybody that you were with into the whole drama. And if they try to say you are “hindering a police investigation“ by remaining silent, don’t answer that at all. A lawyer can tell them later that you have the right to preserve your innocence first and foremost. A lawyer can choose the best statement to make …later. No, I’m not a lawyer. It isn’t official legal advice. It’s just what I’ve seen defense lawyers say. I have had all kinds of various officials show up and make up stories to try to come wander my property, total lies too, like saying somebody reported seeing a dead animal in my backyard which you would have to peek through the shrubbery to even see in my backyard, which really upset me because I told them they could wait in the front and I would go look, but that can give them an opportunity to try to peek in the windows while you look for a dead animal that doesn’t exist. Because it did not exist. They wouldn’t even describe it to me, I said “What color is it?”, and “What kind of animal is it?” They couldn’t tell me, though they claim to have a photo that they “couldn’t show me“. I don’t know what their damn deal is, but I’ve had enough of it. It’s like everyone thinks I have some secret part of gold or something. I do not. I don’t even have anything worth stealing. I don’t watch TV so I don’t own one I don’t use a stereo system, there’s nothing of any interest in the world. What it boils down to is, I’ve had some retaliatory neighbors that didn’t like me defending a little disabled girl, and another time or two or three or four or five, a 101-year old neighbor lady. So they make stuff up to harass me. The cops know it. The city knows it. And they still “have to respond”. Oh, this was like 10 years ago. Cops and the courts have earned this distrust.
@ZeldagigafanMatthew
@ZeldagigafanMatthew Жыл бұрын
@@mr.8999 In some states, this is limited further to the point of arrest.
@william9922
@william9922 Жыл бұрын
@@travisdonotsuscribegototjs9323 whoaaaaa 🥾 👅 you’re spreading misinformation!!!!! Stop writing all that 💩 you 🥾 👅
@ATEC101
@ATEC101 Жыл бұрын
Andy needs to check the actual statutes of his state regarding 'No Trespassing' signs. Where I live you need a name, contact information and statute citation on it or it does nothing in court. If you have these on your signs then people, cops too, need written authorization from the property owner/manager to be allowed on the premises. This can only happen after they have written to the property owner/manager using forms approved by the state stating the purpose of the intrusion.
@bch5513
@bch5513 Жыл бұрын
I have a fence and gate at the road. Cameras recording at all times as well as signage. Plus, the best, watchful and like minded neighbors!
@efriedman321
@efriedman321 2 жыл бұрын
I'm not sure how your channel came across my feed but I'm glad it did. I've watched a bunch of your content have found it very informative. I think one of biggest concerns is how many of the situations you detail can really destroy a family if they can't afford proper representation. Even if you can afford the legal assistance the courts and LEOs aren't held accountable for situations where they are in the wrong. Legal fees ain't cheap.
@2bussy
@2bussy 2 жыл бұрын
Thank you so much for sharing your knowledge and insight with us all, Mr. Flusche. My friends are really dumb when it comes to dealing with police, and your videos have been instrumental in my quest to educate them and equip them with superior knowledge for their own safety. I think I can safely speak for all US citizens when I say that you sir are a true patriot.
@toastertime9779
@toastertime9779 Жыл бұрын
I really appreciate that you aren’t demonizing cops, just stating neutrally what they can and can’t do in any given circumstance
@shoechew
@shoechew Жыл бұрын
From local news: “ The case was later dismissed on the condition that officer Cerdas complete 100 hours of gun training - and use of force training, and be on supervised patrol for a year.” Should not the training come before the killing?
@michaelbrady8070
@michaelbrady8070 2 жыл бұрын
Hey Andrew, I've seen you in court a couple times! I'm not a bad guy but have found myself needing a good lawyer before. Unfortunately I feel like the police make victims out of normal people and on the flip side are far too lazy when it comes to investigating and tracking down real criminals who hurt people. I stumbled upon your videos are realized you looked familiar.
@oihilguest5902
@oihilguest5902 2 жыл бұрын
I was arrested and charge d for tresspass on my own property and three other felonies added falsely prosecuted ycso mayer az
@CatgirlExplise6039
@CatgirlExplise6039 Жыл бұрын
@@oihilguest5902 damn the police got him mid-sentence, glad he got it out before they could delete it
@_BenJaminCroft_
@_BenJaminCroft_ 2 жыл бұрын
Electrify your fence too. Some counties/states allow it, others don't. Check your local county/state laws about it before hand.
@roadmonitoroz
@roadmonitoroz 2 жыл бұрын
Electrify and put some razar wire on top if tall enough :D
@TheSubmissionChannel
@TheSubmissionChannel 2 жыл бұрын
WTF!
@firstlast-fr1le
@firstlast-fr1le 2 жыл бұрын
Not likely. You want to electrify your properties boarder fence? The first time a neighbor kid touches it and dies you are going to prison. I have never heard of any city/county/state that allows that. You can in rural areas but only for farm animals (that is usually like 12 volts). Not to electrocute people. It would absolutely be classified as a man trap (which is illegal everywhere). Interior fences can sometimes be electrified as a form of home defense but never the property lines.
@98vn1500e
@98vn1500e 2 жыл бұрын
@@firstlast-fr1le A standard electric fence does not put out enough amperage to kill, hell, it doesn't even really hurt, it's just very unpleasant.
@crazyentertainment4842
@crazyentertainment4842 2 жыл бұрын
@@firstlast-fr1le you need not to assume.
@bobsmoot8454
@bobsmoot8454 Жыл бұрын
Thank you for your insight into the rule of law, especially the Virginia code
@donaldwest8130
@donaldwest8130 2 жыл бұрын
Mr Flusche, you mentioned drones for use of surveillance. I would argue that that observation would have to be done outside the boundaries of the property lines of the area the police officer wants to inspect with a drone. The airspace over your property should not be used to collect evidence (without a warrant) if you live on a farm, ranch or other property that is 5, 10 or 500 acres. Thank you, you are providing a valuable service for not only for Virginians, but all Americans that can verify how their local laws apply to their circumstances. You and KZbin star Scotty Kilmer, two of a kind. Giving people honest information about cars and the law.
@jdotoz
@jdotoz 2 жыл бұрын
I would think that if a given airspace is open to flight by the general public, it is also open to law enforcement and any evidence they see would be admissible under the "reasonable expectation of privacy" test. The details will vary by jurisdiction.
@seansasser2575
@seansasser2575 2 жыл бұрын
Thank you, I always learn something interesting when I watch your videos.
@MrSlimyslime
@MrSlimyslime 2 жыл бұрын
I love your videos so much. Thank you sincerely for educating the public.
@EmP-2022
@EmP-2022 Жыл бұрын
Thanks for the content. My university didn’t have an actual pre-law program so I took all of the classes from both perspectives, lawlaw-enforcement and attorneys. I get so torn about not talking to police because I have always had such great interactions with them. Of course I have talked to officers and officers’ wives and they have told me exactly what your videos say.
@bobbooty
@bobbooty 2 жыл бұрын
Could you please do a video on secondary inspection zones at checkpoints? If I assert my rights at a DUI checkpoint and I'm asked to pull into secondary, am I legally required to comply?
@robertbittles6944
@robertbittles6944 2 жыл бұрын
I liked and subscribed directly after viewing another video of yours. I appreciate your advice and for sharing your knowledge. In some way(s) it's likely you're helping prevent the court system from being so clogged with b.s. cases by producing these videos and better informing people of their rights.
@Hooftimmer
@Hooftimmer 2 жыл бұрын
Thoroughly enjoyable and informative. Thanks!
@Elliandr
@Elliandr 2 жыл бұрын
It doesn't surprise me that they entered the wrong yard. GPS as used by the US military is extremely precise, but when it was released for public use they deliberately set it so that it would be off by up to 100 meters. I'm surprised that the police don't know this. Just because the GPS indicated that the suspect is in a backyard just means that they are within 100 meters of that backyard. As such, I don't really think they could use the Hot Pursuit role in this case because they didn't see the suspect enter the yard, they don't know if the suspect was ever in the yard, and the technology they used to track the suspect is too imprecise to be sure of exactly where the suspect is.
@212caboose
@212caboose Жыл бұрын
The problem with exigent circumstances is that the determination lies with the police officer(s). They can literally make up whatever story they want to gain access, and that's absolutely wrong. There has to be some kind of protection against that, other than spending a TON of money in court- Our legal system isn't supposed to be "guilty until proven innocent".
@thatguy6207
@thatguy6207 2 жыл бұрын
I have 8 foot fence… and drones now do require a warrant for use. I also have posted no trespassing signs up.
@tomeauburn
@tomeauburn 5 ай бұрын
As a FAA certified pilot an operator can fly over a house legally but common sense says to stay fairly high. In non residential areas this is 400 ft max. Police flying one low looking in windows Probably needs a warrant unless exigent circumstances or implied consent at least as I understand it not being a lawyer.
@darksideblues135
@darksideblues135 2 жыл бұрын
If the events that unfolded in Idaho Falls is kept a secret, it means the cop did bad. If it was justified, they would have published the body cam instantly.
@onemoremisfit
@onemoremisfit 2 жыл бұрын
If we haven't heard about it 24x7 all across the country in the national news media then we can assume the cop didn't kill a magical person.
@darksideblues135
@darksideblues135 2 жыл бұрын
@@onemoremisfit true.
@paxundpeace9970
@paxundpeace9970 2 жыл бұрын
Always request body cam first.
@DrDave-gs8xh
@DrDave-gs8xh Жыл бұрын
Andrew, great videos. Really educational. Thanks so much for doing these. Might I suggest you analyze the recent shooting of an innocent man by police officers in Farmington, New Mexico. These officers went to the wrong house...tragic.
@pastorbill7374
@pastorbill7374 Жыл бұрын
Outstanding ANDREW GOD SEES ALL GOOD WORKS 🙏 ABSOLUTELY OUTSTANDING
@marionwallsten7507
@marionwallsten7507 2 жыл бұрын
Merry Christmas and a Happy New Year, Andrew !
@markbrown9765
@markbrown9765 2 жыл бұрын
What if you live on 60 acres in the woods? And, do the same laws apply to federal officers. I live in a very rural area. Local police here are great and I don't ever expect any issues with them. However, I already had one run in with the Bureau of Land Management where they were telling me I couldn't use a BLM road on my property. I had the legal documentation that showed I, the property owner, granted them an easement onto my property for the purposes of the road and that I had the right to ingress/egress using that road (the only way to get to the property). It got somewhat ugly in that I had to file a congressional inquiry requesting their easement on my property be voided as they were in violation of the easement. It all worked out to my satisfaction but they were exceedingly heavy handed until I filed the congressional inquiry, going so far as to say I couldn't use my property or the assets (trees) within the easement which was also clearly spelled out in the easement. I'm not so sure I didn't end up on a list somewhere for asserting my legal rights.
@andrewandretti7379
@andrewandretti7379 2 жыл бұрын
The fence( 10feet high ) around your property and gates all the time closed. NO TRESPASSING.
@WizardofGOP
@WizardofGOP 2 жыл бұрын
Dogs, don't forget a few dobermans.
@Mercurio-Morat-Goes-Bughunting
@Mercurio-Morat-Goes-Bughunting 2 жыл бұрын
04:52 - that picture! ROFLOL! Thank you. That was hilarious. Made my whole day!
@missysoaps7509
@missysoaps7509 2 жыл бұрын
Omg your videos mean everything thank you 💯
@JustABill02
@JustABill02 2 жыл бұрын
How is pulling the trigger of a firearm "involuntary'?
@Andrewflusche
@Andrewflusche 2 жыл бұрын
If you're Alec Baldwin, apparently pulling the trigger isn't even manslaughter.
@JustABill02
@JustABill02 2 жыл бұрын
@@Andrewflusche I suspect this officer knew his weapon was loaded...
@alexanderlapp5048
@alexanderlapp5048 2 жыл бұрын
I would think this would be voluntary manslaughter. I am sure that is what he would be charged with in my state. The penalty is the same for both.
@theov3rmind
@theov3rmind 2 жыл бұрын
Not only for the police. If you happen to have some danger on your property, like dogs, or a sinkhole, if you don't post no trespassing sigs, you could end up liable for injuries that any unexpected "guests" may sustain while visiting your property.
@naimerra
@naimerra 2 жыл бұрын
"Tragic mistake." I call it "Cold Blooded Murder" and want the murderer to face justice at least equal to that as a normal person. I personally think police should face twice the consequences when they commit crimes, because police are expected to be better and *taught* better and their authority needs to be kept righteous and legal. Don't give guns to cops who are not of sound mind and judgement and taught when and how to use them.
@TheWhiteDragon3
@TheWhiteDragon3 2 жыл бұрын
Remember that this guy is a lawyer and is more particular with the words he uses than most of us.
@timdowney6721
@timdowney6721 2 жыл бұрын
Let’s first work on getting them to face ANY consequences.
@IanMadBrit
@IanMadBrit 2 жыл бұрын
you just described every cop in the country. They're no longer required to know the law, and thanks to a lawsuit a few years ago, they no longer need a measurable IQ
@Mercurio-Morat-Goes-Bughunting
@Mercurio-Morat-Goes-Bughunting 2 жыл бұрын
I'd go so far as to suggest that this is what the death penalty should be reserved for - and never for citizens holding no official office. No one should be able to take positions of power over other citizens unless they are willing to give their life for their country.
@robertsandberg2246
@robertsandberg2246 2 жыл бұрын
I don't trust the Police at all.
@hanskuhlmann9919
@hanskuhlmann9919 2 жыл бұрын
Andrew....forgot to mention tnat you have great topics and i hope people pay attention. Thanks again.
@LeviathantheMighty
@LeviathantheMighty 2 жыл бұрын
Thanks for the video! Good information.
@kengaroo120
@kengaroo120 2 жыл бұрын
The police are not your friend.
@winner33660
@winner33660 Жыл бұрын
I Love your channel, Teaching people their Rights is Important, you do it with a Comic style. I live in Rural So. CA. Long driveway, people would walk around Locked 6' fence and gate often, I Had Signs made ,penal code, No Trespassing Etc. Posted on Gates, Stopped it .
@genecoppedge5972
@genecoppedge5972 Жыл бұрын
After a lengthy delay in court proceedings Tuesday morning, the involuntary manslaughter case against Idaho Falls Police Department Officer Elias Cerdas for the shooting death of Joseph Johnson was abruptly dismissed. The case was dismissed on the condition that Cerdas undergo 100 hours of firearms and use of force training and that he remain on "modified duty." Cerdas has been on modified duty since the shooting, spending more than a year on desk duty for the Idaho Falls Police Department.
@chrispeoples83
@chrispeoples83 Жыл бұрын
Terrible thing America is so corrupt they dismiss cases killing civilians and wonder why no one trust the police Its because of a broken system of responsibility for ones actions that officer should be in prison for his actions not protected by the justice system.
@chuck5279
@chuck5279 2 жыл бұрын
So if an HOA prohibits a front yard fence, it is forcing you to give Implied Consent to come to your door.
@jakegarrett8109
@jakegarrett8109 2 жыл бұрын
Sounds like a lawsuit for the communist HOA. I recommend avoiding arbitrary authoritarians tell you what you can and cannot do with your own property. If its not your property and its theirs, then are they paying your property taxes? That's also a joke, you don't own your property, try not paying rent to big daddy gov and see how much they will mess you up over it. You will own nothing, and you will be told what to do, now go take your 58th booster and lick boots! -sincerely, tyrants
@matthewkile8
@matthewkile8 2 жыл бұрын
I truly appreciate all the knowledge that you dispense. Thank you.
@patrioticimmigrant8817
@patrioticimmigrant8817 2 жыл бұрын
Thank you Andrew.
@jeffbornes3986
@jeffbornes3986 Жыл бұрын
Nicely put!
@keything8487
@keything8487 2 жыл бұрын
do a video on beating civil asset forfeiture ...please......
@tonymartin2928
@tonymartin2928 Жыл бұрын
NO!! They can not trespass, when not in pursuit of a dangerous criminal!!!!!!!!!!!!!!!🇺🇸🙏🇺🇸
@MarkBarrett
@MarkBarrett 9 ай бұрын
I've repeatedly made plans to build an 8ft wall around my property with a dropbox for deliveries.
@victotyorvalhalla
@victotyorvalhalla 2 жыл бұрын
Great information! Thank you!
@jamescampbell699
@jamescampbell699 2 жыл бұрын
I read or watched a case where game wardens were placing cameras on a farm or ranch property. when confronted they claimeded that the acreage was not curtilage and therefore did not have a right to privacy and they would place cameras wherever they wanted. not sure how that case turned out, but thought it was crazy.
@letstalk.2020
@letstalk.2020 2 жыл бұрын
Well the good news is if someone leaves objects on your property, you can consider it trash and dispose of it, 😆 so if you haven't entered into any obligation to protect it, such as wardens illegally dumping on your property, you are under no duty of care and dispose of trash how you see fit. You could also set a deadline for removal, but that might trap you into implied consent before that date, but the best way to handle it would probably be to send a letter saying you were going to hire a cleanup service with a reasonable date out for removal, and then have the service remove the goods and bill the state who dumped on your property.
@claytonroberts344
@claytonroberts344 2 жыл бұрын
I seen that one too
@simpleman283
@simpleman283 2 жыл бұрын
I don't like George Carlin, but he does make a good point about the American dream, you have to be asleep to believe it. I saw that video you're talking about, what is it about private property that they don't understand. The American dream has turned into a nightmare.
@AshGreen359
@AshGreen359 2 жыл бұрын
Yeah, goes right into the trash. Or maybe I'd let my dog destroy them.
@tylerjames2889
@tylerjames2889 2 жыл бұрын
Game wardens have crazy authority bro they go wherever they want when ever they want my family has a couple thousand acres we run cows on that's been in the family for 130 years we hunt during deer season they go where ever they want without a warrant and I looked into it they can search and enter your property without a warrant
@SwannOG
@SwannOG 2 жыл бұрын
Thank you so much for offering these discussion about a persons rights and responsibilities. It has been eye opening and thought provoking. I would love to hear what you have to say on weapons purchased from individual persons and also about what has been termed "Ghost Guns" which are guns assembled from individually purchased parts. Along with the legality of owning a 3d Printed guns. I have become more and more shy about purchasing guns through licensed dealers due to their mandated retainment of records of legal purchases afterward and the governments potential for scooping such documentation up and creating a federal gun owner database.
@wakscientist7410
@wakscientist7410 2 жыл бұрын
Black powder guns are not classified as firearms on the federal level and there is no check...learn your state an local laws first. You can order them online and have UPS drop it at your door and the lazy person won't even ask for your signature. As well, you can just by your own 3D printer on the cheap. I have 3. I don't know anything about making firearms and would never trust something of my own design or build and would suggest the same if you are not skilled and knowledgeable. . As far as I know, making your own gun at home is not as illegal as we are lead to believe. I know you cannot manufacture or sell those weapons but simple creation and ownership are not under super stiff rules. Again...check your laws before you do something like this. Good luck...Seize your 2A.
@wishicouldspel
@wishicouldspel 2 жыл бұрын
@@wakscientist7410 he'll yea
@minirock000
@minirock000 2 жыл бұрын
@@wakscientist7410 Isn't anything that utilises combustion to propel a projectile faster than 800fps considered a firearm? I know muzzle loaders have a special status, which is a rather big loophole which nobody has taken advantage of to do ill with in a long time. If something does fire a projectile in such a manner doesn't it require a serial number? That would be idiotic if any fat, happy, and dumb civilian can make their own weapon, but then you don't see it often. It is very easy to purchase a weapon, much easier than building one. Would take hundreds of man hours to make a good quality one at home the first time or could just put a couple hundred bucks down and get a really good quality one. I do not understand the fetish of printed weapons. I understand and feel the desire for the subversion aspect of it but to make a weapon out of plastic, I know there are some amazing materials, but it just doesn't seem safe. Then add to that the 'designers' are amateurs and in no way an engineer. Even well educated engineers that work for large companies get design wrong and people are killed and injured using their weapons. For me it's a trust thing, do I trust a guy that has a 'hobby' doing some 'gunsmithing' or an educated person with a company and hundreds of years behind them. I have seen some shows with those printed gun guys. I would just tell them, "No guns for me, just your tweak, thank you very much." Not one appeared to have a higher education, much less one in any type of physics.
@afg-media
@afg-media 2 жыл бұрын
Ghost guns are an issue because it causes police to work a case. The police have no idea if a gun is registered at a home, but in all cases they assume a gun is present as one can be obtained illegally anyway. 3D printed guns (mostly rely on a few parts not the entire gun) as the firearm is not a firearm unless it works. Tied to specific parts. receiver, pin.. and so on. The lie is they can be made and are untraceable is propaganda. Just like guns with SN filed off, a ghost gun has rifling on the bullet. it can be Identified and most likely plastic/resin will identify it as a 3d partial printed firearm. most Ghost Guns are purchased in a kit that is around 80% complete. the 20% is printed. clips and such. They can track kit orders. In the end it's just as easy for someone who is not allowed to have a gun to purchase one. 3d parts are used but a true 3d gun is not a safe thing unless your using a 3d metal printer and a lot of skill.
@minirock000
@minirock000 2 жыл бұрын
@@afg-media Did you mean 'clip' as slang for magazine?
@lxa-td6jf
@lxa-td6jf Жыл бұрын
Excellent advise, what about county tax assessor with a locked gated driveway with posted sign in clear view. Do other state or county appointed individuals have the same leeway?
@stephengibbs8342
@stephengibbs8342 Жыл бұрын
i love your use of the phrase 'hopped the gate" I grew up on army bases all over the world, and the kids all knew where to "hop the gate"
@LyuboRyuk
@LyuboRyuk 2 жыл бұрын
Very good one. I'm sorry for the man that got shot
@elizabethquinn1156
@elizabethquinn1156 10 ай бұрын
4 HIS LOVED ONES !!!
@DeadTyrantsAreGoodForSociety
@DeadTyrantsAreGoodForSociety 2 жыл бұрын
Do a video on contempt of cop charges!
@Choober65
@Choober65 Жыл бұрын
I live in the uk, and i open carry on my own property. The cops commented on it, i responded "My property, MY laws, your laws do NOT apply on my property". The cop said "OK" and left. I STILL open carry. All the land around my house is mine and trespassers get very short shrift.
@momentomori1747
@momentomori1747 Жыл бұрын
The locked gate is especially important. I just came from a video where a cop is discussing the girl scout rule (eg would it be a violation of privacy for a girl scout to come on your property under the circumstances as a measuring stick for police behavior) and saying that he doesn't believe a closed gate and a no trespassing sign means the property owner wants people to stay off of their property.
@Pb_Slinger
@Pb_Slinger 2 жыл бұрын
4:50 can cross my curtilage anytime.
@nxsecuresucks
@nxsecuresucks 2 жыл бұрын
There is a BIG mistake in your video.... Something you should add is that police may have to follow those rules... But not everyone does. If there is a utility like electric, phone, cable, gas, and so on... If an employee of that company and if it's considered an utility, those employees can at any time go onto the property. They don't need permission, yes it's nice if they inform their doing their job but isn't always an option. I've first hand seen an electric company at 3am physically drive over a neighbors 6ft new wood fence and they legally can. The main point of all of this is to make you understand that you can't tell people that the signs mean crap as they don't.
@Andrewflusche
@Andrewflusche 2 жыл бұрын
Fair point. Utility easements are a whole different ball of wax. That's a good argument for being off grid!
@MemoGrafix
@MemoGrafix 2 жыл бұрын
I knew firemen could tear down fences as they did My rear chain link fence 12/2020, they actually cut it open due to a fire spreading to My house from another house's fire. I totally comprehend them having to do that. I get it for emergencies for fire & utilty companies. I have seen utility guys come on My property to trim tree branches growing onto the power/cable/phone lines.
@MarsMan1
@MarsMan1 2 жыл бұрын
A judge this week dismissed the case against an Idaho Falls, ID, police officer who was charged in connection with a fatal shooting last year. Officer Elias Cerdas was on trial charged with involuntary manslaughter for the February shooting of Joseph Johnson.
@howitstartsmm
@howitstartsmm Жыл бұрын
In Arizona a lot of mailboxes are attached to the front of the house which gives the implied consent that the police or other officials can come up to the front of the house
@tirregrelleumekuk3635
@tirregrelleumekuk3635 2 жыл бұрын
I think you overlooked one other way to keep police from trespassing. I live in Ontario. I rely on the Trespass to Property Act (TTPA). After many problems with the Peterborough Ontario Provincial Police entering my property and committing civil and criminal acts and them using the "Implied Licence To Enter" doctrine, I have served notice on them under the TTPA. They have now been given "prior notice" not to enter and I am not required to give them any further notice. They will be arrestable as soon as they cross the property line if they do it again; they won't. They can still rely on "exigent circumstances" or ""hot pursuit" however that is highly unlikely to exist. It seems the courts you have mentioned that relied on "exigent circumstances"; what equates to those circumstances would not fly here. Seeing some kids drinking is not an exigent circumstance even if the court is looking for a way to excuse the cops.
@JBM425
@JBM425 2 жыл бұрын
He didn’t necessarily overlook that. He practices law in Virginia. There may not be a corresponding law in Virginia to Ontario’s TTPA. Laws vary among states (which he frequently notes), and as you are in Canada, despite our common language, your laws can vary greatly from ours (for example, Canada places more restrictions on free speech than does the USA). I’m sure you’ll find variations in law even among your provinces. It is difficult to impossible for a lawyer to be able to cite nuances of laws from all 50 states, much less another country.
@tirregrelleumekuk3635
@tirregrelleumekuk3635 2 жыл бұрын
@@JBM425 Virginia Code 18.2-119 states that it's unlawful to enter or remain on a person's land after seeing a notice that prohibits trespassing. This includes "prior written notice". This "prior written notice" removes the "implied license to enter" doctrine.
@Dragonstalon1001
@Dragonstalon1001 2 жыл бұрын
Mr. Flusche, Hot pursuit the Police MUST have a visual (Eyes) on the person who committed the Criminal act...NOT A 'Phone Tip'!! In cases pertaining to 'Hot Pursuit' circumstances, the Police were CHASING suspects whether on foot or in a Vehicle and maintained visual contact (for the most part) except when the suspect ran past a corner, they were driving on hilly road and had intermittent lost visual contact with the Criminals vehicle. From your own statements going over the case, the Police had no idea where the suspect was when they received the 'Tip', then went to those coordinates provided in the phone call, and shot the WRONG MAN!! That is NOT 'Hot Pursuit'!!
@ForensicCats
@ForensicCats 2 жыл бұрын
6:23 a ''fence'' needs to be of legal description, for example it may be required to be 4 feet tall, etc... Check your state and local building codes (note, even a thorn hedge counts in some locations)... I can provide some links if your want verification of my statements (to Andrew only, not just the general youtube commenter)...
@campervanbug7658
@campervanbug7658 2 жыл бұрын
I had an incident where I was on someone's property and the door was wide open and the owner of the property was not present, nor were they contacted. Police entered the building and gave me a trespass 2, the reason for there entry was they drove by and the door was open
@roncriswell2685
@roncriswell2685 2 жыл бұрын
The reasoning for the cop entering the back yard still doesn't explain shooting him,did he give any commands or just shoot him not knowing who he is? That's a very scary thought of him having complete disregard of who he was shooting at givin that he was in a residential area running through yards where innocent people are.once you fire your weapon you own that bullet and anyone who owns a firearm will tell you that.
@paxundpeace9970
@paxundpeace9970 2 жыл бұрын
That is what i am concerned about. Entering the yard is in general illegal but exceptions for a bunch of different reasons are allowed.
@brucemartini2288
@brucemartini2288 2 жыл бұрын
Is it Illegal that Capitol one asks "whats in our wallet" Its NONE OF THEIR BIZ😡
@norseman7902
@norseman7902 Жыл бұрын
There are laws that they also have to follow for noise ordinance places and or state have a time limit from 8 a.m. to 9 p.m. also there are laws on what is too much noise levels to be legal noise or illegal that usually has to be monitored with a noise meter and bye properly trained officer that is certified to use such device and the decibels have to be at certain level from either all four corners of your property to justify citation!
@DedmanReactin
@DedmanReactin Жыл бұрын
I'ma paraplegic vet confined to a hospital bed and my state has a law that in order to get insurance on a car.. you gota have a driver's license.. well i obviously Can't have a DL.. I can't move.. so Kansas made it impossible to own a vehicle for anyone that's handicapped.. pisses me off!!
@FelonyVideos
@FelonyVideos 2 жыл бұрын
I've told sheriffs they were trespassing, and had 3 seconds to remove themselves from my property. They skidaddled, and never came back, because they could see they were about to be executed for trespassing. At some point, the American public has to demand near and dear payments for rights violations. Suing doesn't punish anyone. The city and county like it, even when they lose.
@shanek6582
@shanek6582 2 жыл бұрын
So if the mailman can come to your front door the cops can.
@Andrewflusche
@Andrewflusche 2 жыл бұрын
Basically, yes.
@DVincentW
@DVincentW 2 жыл бұрын
In cocoa beach FL, apartment and condo properties have a No Trespassing sign, but it says "Police are granted permission to enter .." it immediately made me realize that it's counter to the 4th amendment. Get a warrant.
@Provocateur3
@Provocateur3 10 ай бұрын
If you have a big lot, say ½ to 5 acres, how do you extend your curtilage to cover all that area? How to prevent LEO's from walking right up on your porch and knocking right on your door?
@TryMeFoolYT
@TryMeFoolYT 2 жыл бұрын
so are " tresspasor will be shot survivors will be shot again"(including police) signs good ??? what if u only have signs and no fence?
@tubedude54
@tubedude54 2 жыл бұрын
Make sure you get a jury trial and make sure they're your peers and not just some random strangers.
@rockjockchick
@rockjockchick 2 жыл бұрын
Umm I don’t think so. They might be determined to be a threat. Look in my know your legal rights list. There is a video specifically about that from some Texas attorneys in there.
@Struthio_Camelus
@Struthio_Camelus 2 жыл бұрын
Those signs are funny, until somebody gets shot - then they're evidence of premeditated shooting. Not a good look in court.
@sasquatchhunter86
@sasquatchhunter86 2 жыл бұрын
Think lots of folks would appreciate a video on what to do if you’re concealed carrying and stopped by the cops, I know some state have duty to inform.
@andyrme2
@andyrme2 Жыл бұрын
tell them nothing
@avengerscap
@avengerscap Жыл бұрын
Unfortunately, many jurisdictions and HOAs prohibit fences at all in front yards.
@gregkral4467
@gregkral4467 Жыл бұрын
would curtilage be affected if you have a gate or fence? These laws are actually very interesting, not your countryman, but there would be very similar, and good to know what issues to look into..... just to know, ya know? Eh? Ah, and you answered my question, awesome, was wondering if that would be a reasonable legal action to impede.... again, just pure curiousity of the intricacies of laws...... I really am enjoying your presentations. Fascinating, really, even though not really into legal anything, just kinda stumbled on another countries discussions on the how to's of enforcement of laws, protection, accuracy, judgement, errors, all of it.... you kinda fired me up on the topic by also using fascinating examples.
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