Metro trespassed someone from my property today; with video

[OC Freedom]

Again, this is not about theft, it's about trespassing. I put my trash bin within my property limits for a reason. My property is established, it is marked (not my fault if you don't know how to read the markings) and I have title to it. The simple fact here is that she crossed from a place she had a right to be, onto a place that she didn't have a right to be. it really is that simple. My trash might not be protected while it is left unattended, but my property most certainly is.

Why not just put your garbage can behind a locked fence, in the garage, or padlock the lid. What happened to people dealing with their problems without getting Johnny law involved over something so trivial.
If this person doesn't go over a gate or fence and hasn't entered your dwelling, or damaged your landscaping, then whats the problem.

Do you pay property taxes? If so, you don't own the property you're just a renter of the property, try and not pay your rent (taxes) to the county and see how long it will remain yours.

Homeowners associations are just another layer preventing you from really owning your property. I would do everything I could to dismantle the HOA and regain some empowerment back over your (rental) property, then work at repealing property taxes. Property taxes, now that's a real problem.

My opinions listed here are not an attack on you, just my viewpoint of the situation presented. I don't get into arguments on this forum, so depending on the response on my posting (if any) I may not respond to it.

 

[Nevada carrier]

Why not just put your garbage can behind a locked fence, in the garage, or padlock the lid. What happened to people dealing with their problems without getting Johnny law involved over something so trivial.
If this person doesn't go over a gate or fence and hasn't entered your dwelling, or damaged your landscaping, then whats the problem.

I store my bin in the garage until collection day. In the video, it was placed near the curb but within my property boundaries for collection. I understand that once it's on the curb I cant stop someone from looting it. But if I place it on my property I can stop someone from being on my property to do so.

I've given my reasons why I don't want anyone in my trash, they're stated in the original post. As for the opinions you expressed beyond the quote above, those are you're opinions, you're welcome to them. To some extent I agree with you on a lot of it, but remember, this thread isn't about HOA's and property taxes, it's about trespassing.

 

[Superlite27]

It is legal because she has already been given notice not to return. The trespass has been cured as of this moment. She hasn't returned, But if and when she does return I believe citizens have the right to use reasonable (and I stress REASONABLE) force to prevent that person from fleeing prosecution for a subsequent trespass.

Would a reasonable person conclude that the tresspasser would escape prosecution if not detained?

You stated that her identity is known and that she has been officially notified of trespassing.

How was she notified if, upon leaving your property the first time, her location was unable to be ascertained?

You're basically arguing that you know her, know where she resides, know how she can be located, and wish to physically detain her........

....because she will escape prosecution if not restrained the next time she digs through your trash.

Your argument seems a little rickety and requires some propping up. I'm sensing a little proclivity to seek confrontation, detention, and "drama" unneccessarily. Why do you wish to detain her so badly when you've previously stated that she has been contacted and notified? You know her identity, right?

Your explanation of detaining her so she can't avoid prosecution seems a little......

....contrived.

Why is that?

 

[Maverick9]

So, if they were arrested who was it?

 

[Primus]

Whatever you do don't it your trash can in your garage with the door open then shoot her several times with a shotgun when she comes to get it. That would be bad.

 

[marshaul]

I'm still waiting for DMB to chime in informing us that, under Napoleonic law, he could just shoot her when she crosses his property line. :lol:

 

[JoeSparky]

Well,

Since the courts have ruled that no warrant is needed by the police to "collect" the trash of someone they are investigating on the basis that by putting the container out on the curb and leaving it for the Garbage collectors one has abandoned any "ownership" of said trash....

you don't like the trash pickers going through "your" trash.....

Simply Don't take it out until the "official" collectors arrive thus stopping the "unofficial" trash pickers, preventing any LE folks from collecting it for "investigative" purposes, maintaining a "property interest" of said trash until delivered to the truck, and possibly getting to know the individuals working for the trash collection service.


And since you claim to be president of the local HOA in this area and you plus the "trash pickers" are subject to the same regulations simply enforce the HOA regulations on the "trash pickers"--- the monetary fine may or may not make their efforts to "supplement" their income ineffective---- that is unless they are truly "that" concerned about the environment!

 

[skidmark]

deleted by skidmark

 

[skidmark]

Or the cops could just wait till the official trash takers collect it, and then ask if they could have a look inside the truck.

stay safe.

 

[DON`T TREAD ON ME]

If not too late, you could try a Non violent solution. Get a shredder (for about the price of your monthly HOA) Put you cans on the street (you said there is ample room) Now people picking trash have no reason to come on your property at all. (this separates a burglar from a scavenger.) Make friends with the lady... You would be surprised how far a cup of coffee and a pastry will go. If she has thoughts of stealing, it will make it tougher as you are the "Nice man." If she has no thoughts of stealing, you didn't come off like a D-Bag unnecessarily. My trash lady doesn't speak English, (much less understand NRS, CC&R's Etc.) I use Google translate to write aluminum on my bottles filled with alloy ammo cases. We get along just fine. I hope in the end, you look for a solution... Not resign yourself to aggression.

 

[HPmatt]

Whatever you do don't it your trash can in your garage with the door open then shoot her several times with a shotgun when she comes to get it. That would be bad.

Lmao - in our town you are not allowed to fish in a trash can if it isn't yours and you don't work for the town sanitation department.
It is a misdemeanor, and I think this level of response would draw a red-tag on our front door....

 

[DVC]

Getting back to the original question, NO, you do NOT have the legal power to hold the trespasser. Any attempt to do so might be prosecutable as false imprisonment or even kidnapping, depending on how you do it.

NRS 200.460.1: "1.  False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority."

.3(b) says that doing it with the "use" of a deadly weapon is a category B felony, good for a minimum of 1 year and maximum of 6 years. And, of course, the loss of gun rights for the rest of your life.

Consider:
1) You told that person to stay off of your property.
2) If the person enters your property following your order, you have the right to call law enforcement, who will determine whether there is cause for arrest.
3) Detaining the person on your property is a direct contradiction of your order that she not be on your property, and if she has committed no other direct offense, you have polluted your own order.
4) If you do so while armed, you are likely to face felony prosecution, especially if your prosecutor's office doesn't like guns or doesn't like YOU.
5) If she comes onto your property after some visible piece of trash, there is the likelihood that you will be seen as having lured her, another weapon given the prosecutor (and her lawyer in the certain-to-follow civil suit).
6) Given all of the above, what do you think your chances are of coming out on top, and is your trash really worth the mess?

 

[marshaul]

Or the cops could just wait till the official trash takers collect it, and then ask if they could have a look inside the truck.

Yup. That's basically what the cop did prior to the SCOTUS decision.

 

[The Truth]

If you're this concerned about your trash, just burn or shred whatever it is you don't want this woman to find and utilize. I understand the litigiousness of your actions though.

 

[davidmcbeth]

I'm still waiting for DMB to chime in informing us that, under Napoleonic law, he could just shoot her when she crosses his property line. :lol:

Ah-ha ! I don't think that the can IS on the OP's property ... so its a moot point.

 

[28kfps]

For several years I have been working a part time job plainclothes security. More of a glorified hall monitor. For the more serious stuff we have uniformed security and roaming Metros.

I have been involved in the trespass of a few. And warnings, too many to count. This is on a very large property and not someone’s home.

We are required to warn them of the possibility being trespass. If we get Metro involved, Metro always ask if we gave them a warning. Based on Metro asking if we first warned them I am assuming it is a required step needed for a trespass arrest. We do not detain.

 

[SovereigntyOrDeath]

Simple Solution

Don't put anything in the trash that you wouldn't want someone else to have. How do you know if someone else "down stream" of the trash journey isn't looking for ID theft material?

I security shred and or burn all documents with any personal information.

They can have my trash, just don't leave a mess.

The exception would be the recycle bin. If I am taking the time to separate the aluminum cans etc, I don't want someone "stealing" those cans to turn them in for money.

Now if they came and knocked on my door and asked permission, I would let them have them. As long as they don't make a mess.

The city I used to live in made it a crime to take anything out of the "Blue Bin". Not sure here.

 

[SovereigntyOrDeath]

Ah-ha ! I don't think that the can IS on the OP's property ... so its a moot point.

You might be right. If it's a condominium type property, the only thing the "owner" owns is the air inside the condo. Usually all outside areas are "common" areas.

 

[28kfps]

I shred everything also. Had a heck of a time with the old davenport.

 

[marshaul]

Ah-ha ! I don't think that the can IS on the OP's property ... so its a moot point.

I see. It appears I remain ignorant of finer points of Napoleonic law.