Property Rights and the police.

**The Hobbit** · April 17th, 2012, 10:02 PM

Originally Posted by csmith

Ask the officer to cover her own while on your property.

This quote got me thinking, and here is my question.
So as we all know private property owners have the right to deny an individual carrying access to their property.
Now say a police officer comes up to your door for whatever reason, do you as the property owner have the right to ask them to leave?
I have a feeling that the answer is to an extent no.

**Statkowski** · April 17th, 2012, 10:19 PM

Of course you can ask them to leave. Then again, if they have a search warrant they won't. If they want to use your driveway to snag speeders, they need your permission. It all depends on why they're on your property.

**customloaded** · April 17th, 2012, 10:25 PM

Well, a police officer has no more right to be on your property as anyone else, unless, they are investigating a crime that is imminent in nature, emergency type, life in danger, etc...

Given the situation in York county with a female Trooper who is merely asking for information, you can very easily tell them they are not welcome and must leave or you will file a criminal complaint for tresspass etc...

Any law enforcement officer must be on firm legal ground to be doing whatever it is they are doing. They must be able to prove in a court of law they had a legal reason for being where they were. follow me?

Now, individual states have different laws and allow or permit different actions by LEO's so what I say might nor might not fully apply in PA.

I am not a bar certified attorney but I did stay at a holiday inn within the last month.

I will say that during my years in Law Enforcement, when a citizen told me to get off their property, depending on why I was there, I did leave as I had no solid legal basis for being there other than to gather some basic information etc...

CL

**The Hobbit** · April 17th, 2012, 10:28 PM

Originally Posted by customloaded

Well, a police officer has no more right to be on your property as anyone else, unless, they are investigating a crime that is imminent in nature, emergency type, life in danger, etc...

Given the situation in York county with a female Trooper who is merely asking for information, you can very easily tell them they are not welcome and must leave or you will file a criminal complaint for tresspass etc...

Any law enforcement officer must be on firm legal ground to be doing whatever it is they are doing. They must be able to prove in a court of law they had a legal reason for being where they were. follow me?

Now, individual states have different laws and allow or permit different actions by LEO's so what I say might nor might not fully apply in PA.

I am not a bar certified attorney but I did stay at a holiday inn within the last month.

I will say that during my years in Law Enforcement, when a citizen told me to get off their property, depending on why I was there, I did leave as I had no solid legal basis for being there other than to gather some basic information etc...

CL

Thanks for the detailed explanation. I figured if they were there on an investigation they could basically tell you to pound sand if you told them to leave. I just wasnt sure how it played out if they were just there to ask some simple questions not pertaining to a criminal investigation.

**Philadelphia** · April 18th, 2012, 08:49 AM

Originally Posted by The Hobbit

Thanks for the detailed explanation. I figured if they were there on an investigation they could basically tell you to pound sand if you told them to leave. I just wasnt sure how it played out if they were just there to ask some simple questions not pertaining to a criminal investigation.

They have as much right to knock on your door as a vacuum cleaner salesman. I don't see that as a problem.

As far as asking the cops to leave if they don't have a warrant, if they refuse whom do you call? The cops? As a practical matter unless the cops violated a federal civil rights law severely enough to interest the FBI, you're SOL.

**OwnTheRide** · April 18th, 2012, 12:56 PM

Originally Posted by Philadelphia

They have as much right to knock on your door as a vacuum cleaner salesman. I don't see that as a problem.

As far as asking the cops to leave if they don't have a warrant, if they refuse whom do you call? The cops? As a practical matter unless the cops violated a federal civil rights law severely enough to interest the FBI, you're SOL.

You start recording and then you call your lawyer.

**dman** · April 18th, 2012, 06:25 PM

To my knowledge , a man's home is still his castle . They need some sort of reason , don't give them one .
Now on the other hand , if you happen to have an a**hole neighbor causeing trouble , and if you have nothing to hide , well , you do what it calls for. Warrent is the key here . normally , if there is no reason to be there , they should politetly leave.