"Posted: No Trespassing" vs "No Trespassing"

[NytWolf]

Not sure if this is the proper forum for this question, but anyway ...

What is the difference between "Posted: No Trespassing" and "No Trespassing" signs. The CA laws does not specifically define the difference. But from what little I remember from my "Intro to Law" class from college, the prof said there is a difference and the "Posted" has more weight -- something to do with registration with the city and enforcement(?). Can someone tell me the laws behind the difference?

[CSACANNONEER]

I don't know but, niether apply to my profession (land surveying). We have the legal right to tresspass in Ca when nessessary to preform or job. Sometimes, that means tresspassing over a mile from the property in question and prior notice is not a requirement.

[fullrearview]

I don't know but, niether apply to my profession (land surveying). We have the legal right to tresspass in Ca when nessessary to preform or job. Sometimes, that means tresspassing over a mile from the property in question and prior notice is not a requirement.

No... But it is wise.

[w55]

Not sure if this is the proper forum for this question, but anyway ...

What is the difference between "Posted: No Trespassing" and "No Trespassing" signs. The CA laws does not specifically define the difference. But from what little I remember from my "Intro to Law" class from college, the prof said there is a difference and the "Posted" has more weight -- something to do with registration with the city and enforcement(?). Can someone tell me the laws behind the difference?

Going poaching

[w55]

I don't know but, niether apply to my profession (land surveying). We have the legal right to tresspass in Ca when nessessary to preform or job. Sometimes, that means tresspassing over a mile from the property in question and prior notice is not a requirement.

I didnt know that, do you drive arcoss fields are just walk in , like in the rural areas? My job is like that along pipeline right a ways but we always give folks a heads up.

[w55]

I guess it varies by state. Just interested as my family has proprty and would be surprised to find someone in the middle of the place.

http://www.amerisurv.com/content/view/4239/136/

[anthonyca]

I don't know but, niether apply to my profession (land surveying). We have the legal right to tresspass in Ca when nessessary to preform or job. Sometimes, that means tresspassing over a mile from the property in question and prior notice is not a requirement.

Has anyone got really pissed at you? Sounds like a good way for crooks to get on your property. Walk around with surveyor's tools.

[DEPUTYBILL]

I don't know but, niether apply to my profession (land surveying). We have the legal right to tresspass in Ca when nessessary to preform or job. Sometimes, that means tresspassing over a mile from the property in question and prior notice is not a requirement.

So you can go on anyone's property,anytime without permission of the owner?
I would think that unless you had the owners permission,or work for a company with acess rights(PG&E as an example) you could find yourself at gunpoint with some explaining to do to the owner.

[CSACANNONEER]

Sometimes we drive, sometimes we hike, sometimes we fly in with the company helicopter.

So you can go on anyone's property,anytime without permission of the owner?
I would think that unless you had the owners permission,or work for a company with acess rights(PG&E as an example) you could find yourself at gunpoint with some explaining to do to the owner.

Are you really a deputy or other type of LEO? Ca PC is pretty clear on this and, I wish more LEOs knew about it. It normally takes an extra 30 minutes to an hour for me to educate them and then for them to verify my information is correct. It's a PITA to have to do this every time I need to have the law enforced.

I've had a few very high profile people held by local LEOs while I did my job. In Ca, a surveyor or anyone working for a surveyor has the legal "right of entry" (I don't know what "access rights" are in a legal sense). We try to make contact when we can but, many times, we just get in and get out. We do a lot of work on high end properties with high profile neighbors so, we do encounter private security as well as property owners at times. The bottom line is that if I need to tresspass, I have the legal right to and I try to have the situational awareness and ability to bull scat my way out of any situation I find myself in.

For those who don't want to believe this, here is the first link that my google fu produced:http://www.californiasurveyors.org/c...read.php?t=291

[1911_sfca]

To answer the OP's question.. trespassing law in CA is pretty weak. The land owner or his agent needs to tell a person not to be on the property for the laws to even kick in. The signs are fairly worthless. At least that's what they taught us in the academy..

There was some case law on this a couple years back which weakened the law further. Don't remember the case but you should be able to look it up.

[CSACANNONEER]

To answer the OP's question.. trespassing law in CA is pretty weak. The land owner or his agent needs to tell a person not to be on the property for the laws to even kick in. The signs are fairly worthless. At least that's what they taught us in the academy..

There was some case law on this a couple years back which weakened the law further. Don't remember the case but you should be able to look it up.

The OP's question is: What, if anything, is the legal difference in the wording of the signs?

[bohoki]

you put the plain ones on trees you put the other ones on a post

[Notorious]

No difference unless there is a municipal code that says otherwise and gives registration requirements. Read the state law, penal code 602, et.al.

There's nothing in there that says you get a trump card in court if you can say, "Ha! My sign says posted on it!"

[mikel7070]

Exactly, when we encounter so someone trespassing we typically admonish them and inform them the next time they are found on the property they could be arrested. Personally, I have yet to arrest someone for trespassing though I have known it to happen on occasion (likelyhood of reoccurrence etc).

[9mmepiphany]

Ca PC is pretty clear on this and, I wish more LEOs knew about it. It normally takes an extra 30 minutes to an hour for me to educate them and then for them to verify my information is correct. It's a PITA to have to do this every time I need to have the law enforced.

The bottom line is that if I need to tresspass, I have the legal right to and I try to have the situational awareness and ability to bull scat my way out of any situation I find myself in.

Don't feel bad, I've done it from the other end. Folks will call about a stranger on their property...always with a gun...and I'd have to respond. Once I figured out who it was, I'd have to go back and explain it to the owner...the only up side is they usually believed me without too much argument.

I always thought it was pretty common knowledge that surveyors were exempt from trespass laws. I wonder if it is the folks just don't see many surveyors in general?