Your Power to Trespass
By KrisAnne Hall, JD
If a government agent or assignee comes to your property, it will be important to those who wish to protect their privacy and property to KNOW THEIR RIGHTS.
- You do not have to answer ANY QUESTIONS or make ANY STATEMENTS to ANY GOVERNMENT AGENT or assignee. (5th Amendment of the US Constitution and corresponding section of your State Constitution)
- Simply asking an agent to identify themselves does not waive your Rights.
- You have the Right to be free from any government agent or assignee entering your property, your home, or your business without a properly obtained warrant. (4th and 5th Amendments of the US Constitution and corresponding sections of your State Constitution.)
- Simply demanding a copy of that warrant does not waive your Rights.
- You have the Right to tell any government agent or assignee to leave your property if they cannot produce a properly obtained warrant. (4th and 5th Amendments of the US Constitution and corresponding sections of your State Constitution.)
- Simply demanding an agent or assignee of the government to leave your property does not waive your Rights.
- If a government agent or assignee refuses to leave your property or returns to your property after being warned against entering or returning, that agent or assignee has committed the crime of Trespass and is subject to arrest. (State Law, 4th & 5th Amendments to the US Constitution and corresponding sections of State Constitution as confirmed by Supreme Court Opinions).
- You have the Right to record through audio, video, or photographic recording of any government agent or assignee on your property, either with or without consent of that agent or assignee. (Multiple Federal Court Opinions recognize that the First Amendment plainly protects the filming of officers and public agents.)
Please find attached a TRESPASS WARNING form that you may issue to any government agent or assignee that fails to satisfy the requirements of the US and State Constitutions. HAND THE COMPLETED FORM DIRECTLY TO THE AGENT OR ASSIGNEE WHILE TELLING THEM THEY MUST NOW LEAVE THE PROPERTY AND YOU WILL NOT BE ANSWERING ANY QUESTIONS.
You should have your address pre-written on form and as the need arises, fill in the date and time. It is highly recommended that you take a picture of the agent you are serving the warning so you may then prove that this person has been issued a formal Trespass Warning.
Liberty First Legal, Inc. 7/7/2021 https://libertyfirst.legal/
YOU ARE BEING ISSUED A TRESPASS WARNING. ANY FURTHER ENTRY OF THIS PROPERTY WILL BE SUBJECT TO ARREST.
Address of Property:____________________________________
Date and Time of Trespass: _______________________________
Owner/Lessee of Property: _______________________________
I have taken a photograph of you to show to a Deputy or Peace Officer to prove delivery of this Notice of Trespass.
NOTICE TO THE TRESPASSER
Trespass is a general intent crime that usually requires no evidence that the defendant intended to commit the offense. The mere act of willfully entering upon, remaining in, or returning to any property, or after being warned not to do so, is sufficient to establish guilt.
By State law it is a crime if the offender defies an order to leave; if the offender opens a door, fence, or gate.
Notice against trespassers may be provided by posting, fencing, cultivation, or actual communication (warning). See State Laws for the definitions of posting, fencing, cultivation, etc.
Warning may be given by the property owner or by a person authorized to do so by the property owner.
A warning may be in writing or may be verbal. A verbal warning by the property owner or his or her agent is sufficient to constitute warning against remaining in or reentry onto the property.
The inability to issue a written Trespass Warning to the subject does not prohibit a subsequent arrest for trespass if there is evidence through a sworn statement or other evidence to establish when the trespass warning was given and that it was given to the same subject. I have taken a picture of you, to establish evidence of my warning against returning to this property.
By State Law, an officer finding that a previously-warned subject has returned to the same property without an invitation to do so may arrest the subject for trespassing.
When a subject has been duly warned to leave or stay off the premises, even if those premises are a BUSINESS ESTABLISHEMENT, by law it is safe to assume that any invitation to enter was withdrawn. Any return by the subject, along with a complaint and proof of warning by the owner or agent, justifies a charge of Trespass.
THERE IS NO PERMITTED “FIRST AMENDMENT ACTIVITY” ON PRIVATE PROPERTY OF ANY SORT.
EVEN PERSONS ACTING AS AGENTS OF THE GOVERNMENT MAY BE TRESPASSED.
State and US Constitutions guarantee that every person is to be secure in their property from searches and seizures without a warrant based upon probable cause issued pursuant to the rules of due process. Agents of the government cannot simply enter private property based upon the color of law or a perceived need. The US Supreme Court, June 23, 2021, in CEDAR POINT NURSERY ET AL. v. HASSID ET AL. established that a law that allows agents of the government or even permits private citizens the authority to enter property without a warrant or invitation can amount to the taking of that property and is therefore contrary to the Constitution.
YOU HAVE BEEN DULY NOTIFIED- IF YOU RETURN TO THIS PROPERTY YOU WILL BE SUBJECT TO ARREST
Liberty First Legal, Inc. 7/7/2021 https://libertyfirst.legal/
Not to dispute any of your facts Krissy, but I always have to ask: How much justice can YOU afford? Me? Not much.
Good stuff.
Sadly, I live in Germany. I’m fucked.
I am also an Australian Citizen. I would be fucked down under too.
I am probably fucked for saying it.
Good Afternoon Citizen
You have been found guilty of Badthink and Thoughtcrime for this post. Please report to your local Police Station for Processing Immediately. Your assets have been seized and redistributed already, and your re-designation from ‘Citizen’ to ‘Thought-Criminal’ has also been processed.
If you have any questions, please direct them to the Ministry of Thought.
A very good reminder that some conditions have not changed just because PDJT is back where he belongs and his people are cleaning out the basement.
Thanks for posting this. Everyone needs to know they can tell federal employees, as well as local government employees to go pound sand.
I would add:
NEVER talk to them beyond asking why they are on your property. Ask them why they are there and then tell them they are dismissed.
Have sound capable security cameras or a body cam (cell phone works) whenever you interact with a government employee. You do not have to tell them you are recording or ask their permission, but if you do it may adjust their attitude.
I have the PDF that I pulled these off of.
All of the above is true. But in the REAL WORLD badgemonkeys are NOT subject to trespass laws. They can DO WHAT THEY WANT knowing with certainty that the city attorney/DA will NEVER file charges against them and the citizen IS UNABLE to file criminal charges. THAT is reality, The MOST a citizen can hope for is to sue in civil court and MAYBE win damages….which will be paid by the long suffering taxpayers. The cops NEVER suffer any personal consequences for their criminality,
This doesn’t have to be against the government but against private citizens. Check your state laws. In Georgia, you need a cop to come out and warn the individual and a police report written. Then, to get it enforced, if they return, call the cops and have the report number of the previous report so you can prove it is a repeat offense. Record everything! If you wind up in court, people who do this will lie. You can pull the recordings and show the judge. Liars aren’t embarrassed when they are caught. In fact, he testified to the judge – “Did he see the crazy people I had to live next to? They record everything!.” Judge rolled his eyes. Funniest moment of the whole hearing.
There is also a ruling you can get that the other side lies. If they bring in enough witnesses who lie, the ruling can even include witnesses called by that side. I forget what it was called. To make that happen, RECORD EVERYTHING and never lie or exaggerate. My lawyer was gunning for that order, judge didn’t give it. However, we got to the point where his lawyer would ask me if I could prove what I said, and when I said yes and waived to the video recordings, would drop the line of questioning and move on. Everyone knew it was a game, but you have to play it. The dance is choreographed.
My wife was quite upset by the whole mess and we eventually moved (It was our neighbor). The judge did what he could, but it wasn’t a lot. Our current laws do not protect the victims and we no longer take care of the mentally ill. My wife wanted to know why we were spending the money and I told her we were following the law and the process. Should he choose to escalate to violence, which I intended to win, I wanted my little butt covered. In hindsight, thankfully, we moved before the next escalation.