Superior man arrested for trespassing on his own land

[buster2209]

A perfect example of an "us vs them" cop.......

http://www.duluthnewstribune.com/eve...icle/id/153801

Superior man arrested for trespassing on his own land

Jeremy Engelking will appear in Douglas County court this afternoon to face a trespassing charge. But here’s the kicker: The Superior man allegedly trespassed on his own property.

Engelking, 27, aimed to hunt deer Wednesday morning when he noticed a pipeline crew on his land. He hopped on his ATV and told workers they had no right to be on his property because he had received no compensation from Enbridge Energy Partners L.P. for an easement.

Engelking said workers told him he was in an unsafe place and asked him to come to an equipment staging area, where he continued to argue his case.

But just as he was turning to leave, Engelking said an officer from the Douglas County Sheriff’s Department arrived on the scene and approached with a Taser drawn.

“He ordered me to 'get down on the ground now!' And he said that I was being arrested for trespassing,” Engelking said.

When Engelking protested, pointing out that he was on his own property, he said Sgt. Robert Smith told him: “It doesn’t matter. You’re going to jail. You can tell it to a judge tomorrow.”

Engelking offered no resistance, but Smith placed him in handcuffs then transported him to the Douglas County Jail. After posting a $200 bail bond, Engelking was released that afternoon. He also had to pay about another $100 to recover his impounded ATV.

The incident report says Engelking parked his ATV in front of pipeline equipment, stopping workers. Engelking said it wasn’t his intention to physically block work.

Lorraine Grymala, a community affairs manager for Enbridge, said access to work sites is restricted in the interest of safety.

"We can't have people in the right of way without an escort and the proper gear," she said. "People could get hurt."

Engelking’s arrest Wednesday is the latest episode in a long disagreement he and his father, Jerry Engelking, have had with Enbridge, dating to the company’s last pipeline expansion in 2002.

Jerry Engelking, who owns 200 acres next to his son, said he refused to sign off on changes proposed to the original 1949 easement across his property because he felt the revisions put too many restrictions on how he could use his property. That original easement said future pipes laid along the same route would require payments in advance.

According to court documents, Enbridge sent a $15,000 check to Jerry Engelking and also tried to hand-deliver payments, but Engelking refused to accept them.

Engelking said that to claim the money he would have had to broaden the scope of the existing easement across his property, so he turned the checks down. When the latest pipeline project came along, the Engelkings again refused to modify the original 1949 right-of-way agreement.

The family sought a restraining order against Enbridge on Sept. 24, arguing the company intended to use the pipeline for transporting petroleum products other than those originally allowed, protesting that they had not been paid and citing damage to property.

Douglas County Circuit Court Judge George Glonek granted a temporary injunction but lifted it the following day, saying the company’s plans for the pipeline were appropriate and efforts had been made to pay the Engelkings.

Jerry Engelking said the fight’s not finished yet.

Officers reported no similar incidents along the path of the Enbridge pipeline construction in Douglas County, said Lt. Gerald Moe of the Douglas County Sheriff’s Department.

Grymala said that Enbridge has worked with about 1,500 landowners as part of the pipeline project.

“We recognize construction is an inconvenience to people; people want access to their land,” she said. “We strive to be respectful of that, to have a good working relationship.”

Just as a thought exercise, what can you legally do to refuse a Police Officers orders if he is legally wrong as is this case in this article?

And I mean at the time of the incident, not in court.

[d90king]

A perfect example of an "us vs them" cop.......

http://www.duluthnewstribune.com/eve...icle/id/153801



Just as a thought exercise, what can you legally do to refuse a Police Officers orders if he is legally wrong as is this case in this article?

And I mean at the time of the incident, not in court.

Not very much! That is what courts are for... Even if an arrest is unlawful you must comply in Pa if memory serves me....

[Kb! Bob]

Point a taser at me on my own property and I've done nothing wrong and don't be suprised with whatever gets pointed back at you.

[gnbrotz]

Just as a thought exercise, what can you legally do to refuse a Police Officers orders if he is legally wrong as is this case in this article?

Verbally protest. In Pa., it is unlawful to resist an arrest - even if the arrest itself is unlawful.

Title 18, §505. Use of Force in Self-Protection.

(a) Use of force justifiable for protection of the person.—The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

(b) Limitations on justifying necessity for use of force. —

(1) The use of force is not justifiable under this section:

(i) to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or

[buster2209]

Verbally protest. In Pa., it is unlawful to resist an arrest - even if the arrest itself is unlawful.

Wow, I'm surprised at that!

That is so ripe for abuse it's untrue!!

[Kb! Bob]

Wow, I'm surprised at that!

That is so ripe for abuse it's untrue!!

I would be fine with verbal resistance if their was parity as far as consequences. In the above situation, by the time the jusdge/courts sort it out God only knows the time/money/reputation loss by the property owner. If found to be a police fuck-up and/or improper illegal arrest, whats the consequences for the officer? If your willing to spend much much more time and money he MAY get a slap on the wrist, but what about the unlawful detainment/kidnapping types charges being files on the officer and department? How quickly do you think that would get thrown out? And the whole time spent sorting it out the cop is on duy, getting paid, and living life as usual while dept, lawyers do his dirty work for him. Thats why they dont hesitate to overstep their bounds, no consequences.

[buster2209]

I would be fine with verbal resistance if their was parity as far as consequences. In the above situation, by the time the jusdge/courts sort it out God only knows the time/money/reputation loss by the property owner. If found to be a police fuck-up and/or improper illegal arrest, whats the consequences for the officer? If your willing to spend much much more time and money he MAY get a slap on the wrist, but what about the unlawful detainment/kidnapping types charges being files on the officer and department? How quickly do you think that would get thrown out? And the whole time spent sorting it out the cop is on duy, getting paid, and living life as usual while dept, lawyers do his dirty work for him. Thats why they dont hesitate to overstep their bounds, no consequences.

My thoughts exactly!

In the original article, after the officer was told by the man it was his property;

“It doesn’t matter. You’re going to jail. You can tell it to a judge tomorrow.”

Such a 'kick the can' pass the buck attitude. It infuriates me what lack of common sense the Officer used not to mention the lack of respect he showed to the land owner. All the Officer had to do was ask the gentleman for proof it was his land (DL, etc) but he didn't because he was on a power trip.

What a dick!

[mcmcallister]

that guy was an asshole

[ALS]

Want to bet there are a whole lot of lawyers calling this guy wanting to represent him. The settlement for being arrested for legally open carrying will be nothing compared to the suit that police officer and police department are going to get hit with.

As a Police department would you want a lawyer telling a jury that anyone of them can be arrested for trespassing on their own property. I see an apology and a settlement coming in the next week or so. No police officer or police department would want to be any where near any court room on this one.

[mcmcallister]

aparently the jackass who arested him has no fear of the courts, i hope the idiot looses his sheild and livelihood