No trespass order???

Discussion in 'MassCops Gold - The Good, The Bad & The Ugly' started by quincyma, Feb 11, 2006.

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  1. quincyma

    quincyma MassCops Member

    Does a police officer have to issue a no trespass order or can the property owner(office building) issue it? Does the person have the sign the order?

    We have a scumbag that makes up a story about needing $5 to catch the last train. He dresses well, is very convincing and can even cry. He has been around the past few years and seems to be getting more aggressive.
     
  2. RustyShackleford

    RustyShackleford MassCops Member

    The most common is for the property owner/manager to Tresspass scumbag in writing. The scumbag does not need to sign it, or acknowledge it. And a big ol "No Tresspassing" sign or sticker works fine too.
     
  3. Curious EMT

    Curious EMT Subscribing Member

    Correct me if im wrong:

    Official "no trespass orders" are civil process and are served by the sheriffs dept.
    Breaking the order is arrestable only in officer's presence?
     
  4. 94c

    94c Subscribing Member

    we issue no trespass notices all the time for public housing where the "citizen" has absolutely no business there but to create havoc. This is a great tool for our community police officers.

    As long as someone can later testify that we was warned, either verbally or through posted notice, he is a trespasser. Misdemeanor. Right of Arrest. In presence only.
     
  5. id1811xecj

    id1811xecj MassCops Member

    The key to a trespass order is that the person who issues it exercises dominion and control over the property. The owner or lessor of the property is best. This authority can be delegated to the police, such as for public property. When I was a campus police officer, we were delegated the authority to issue them. A police officer cannot issue a trespass order for private property, in most cases. He can make it clear to the person that the property owner does not want them there and can document it in a report which can be used later to show notice. Still, it is the owner who is barring the person.
     
  6. gullpimp

    gullpimp Guest

    I was how is a tresspassing order valid for
     
  7. KozmoKramer

    KozmoKramer Administrator Staff Member

    Ummm, would you mind repeating that so those of us who speak English can understand it.... :?
     
  8. bluesamurai22

    bluesamurai22 MassCops Member

    Here's the statute. The reason for giving a written notice is that it's good evidence in court. It's not required but highly recommended.

    Chapter 266: Section 120

    Entry upon private property after being forbidden as trespass; prima facie evidence; penalties; arrest; tenants or occupants excepted

    Section 120. Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order pursuant to section thirty-four B of chapter two hundred and eight or section three or four of chapter two hundred and nine A, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment. Proof that a court has given notice of such a court order to the alleged offender shall be prima facie evidence that the notice requirement of this section has been met. A person who is found committing such trespass may be arrested by a sheriff, deputy sheriff, constable or police officer and kept in custody in a convenient place, not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offence, and he be taken upon a warrant issued upon such complaint.





    I have a template for a no-trespass letter here. It's in MS Word. Feel free to modify it to your needs:


    http://groups.yahoo.com/group/Masspolice/files/
     
  9. 94c

    94c Subscribing Member

    it rescinds person the until.
     
  10. dcs2244

    dcs2244 Moderator Staff Member

    When I worked in the private sector, we used to issue a thing called a "PNG": Persona non Grata...person not welcome...i.e. an order not to trespass. No, not a legal document, but a documentation that the citizen had been told not to trespass...good enough for trespass after notice. Signs are good, too, but not always appropriate for the venue involved.

    bluesam's trespass letter is a good start...
     
  11. KHump

    KHump MassCops Member

    Hello,

    I am not a police officer, however I have read through this forum (specifically this topic) and feel that I should post a reply.

    One does not need to be a police officer to 'issue' a notice of trespass. You can be a tenant, owner, manager, etc. of the property. Be it a public place or private residence.

    Though I am not a police officer, I am a commissioned public officer. I, as a Notary Public, 'issue' notice's of trespass on many occasions. My function as an unbiased witness (notary public) proves beyond a reasonable doubt in the court of law that a notice of trespass was in fact 'issued' against the scumbag who violates the notice.

    For a basic template used by my office, please visit: http://MAnotary.cjb.cc/download.html . There, you'll find the notice of trespass.

    Thank you very much for your time.
    Korey
     
  12. Buford T

    Buford T MassCops Member

    Notice the section about POLICE MISCONDUCT.....
     
  13. 48Weeks

    48Weeks MassCops Member

    Is this guy about 5-11 with a stocky build, white male, possibly irish? If so, he approached me by Albas in Quincy. He ran up to me and I took a defensive stance. I thought he was going to beef, but he then begged for money to get a bus to the Cape. I told him to screw, and he just stood there with a dumb look on his face. I just walked away and that was it. He was aggressive though.


    We have a scumbag that makes up a story about needing $5 to catch the last train. He dresses well, is very convincing and can even cry. He has been around the past few years and seems to be getting more aggressive.[/QUOTE]
     
  14. Mikey682

    Mikey682 Subscribing Member

    Hey, your website sure gained alot of credibility and respect when I clicked on that policeabuse.org website. Woooowwwwwwwwwwww:roll:

    Are you a constable too? Is that your badge on the website?
     
  15. 94c

    94c Subscribing Member

    Korey E. Humphreys, hey dickhead go post on yourmother.com

    I'm not impressed with any of your knowledge and obviously you were not the victim of real police abuse or you wouldn't be able to type with all your fingers. And how dare you call human beings scumbags. you're the scumbag here. you still live at 53 School St. in Hanover, Ma?
     
  16. MVS

    MVS Chapter 90 Enforcer

    Nice reply! :L:
     
  17. KHump

    KHump MassCops Member

    Please tell me you're not an investigator!! LMAO

    No, I do not live in the town you specified. I live in Ayer. I'm currently working in cooperation with the DOJ and the Attorney General's Office in uncovering the truth about alleged misconduct in certain police departments.

    Maybe if you leave me your name and information, I'll contact you personally.

    -----------------------------------------------------------------
    In regards to a matter unrelated to your post..... No I am not a constable. I am a paralegal investigator and a commissioned Public Officer holding the office of Notary Public. I work for the courts, though I am not a constable.
     
  18. KHump

    KHump MassCops Member

    I would finally like to say that I do not investigate petty cases of misconduct. My office's primary focus is on working with those citizens who have been beaten and physically assaulted by an on duty police officer.

    If you, as respected officers, have any sense of ethics and believe in abiding by the laws of this Commonwealth, then you too should agree that Police Officer's who abuse people and fabricate evidence, should not be a public servant.

    I have a lot of respect for police. I really do. I have no respect for unethical assailants that hide behind a badge and think they're 'above the law'.

    Finally, I repeat, I don't get involved with minor, stupid cases dealing with police misconduct. I don't waste my time in hearing the non-sense.
     
  19. 94c

    94c Subscribing Member

     
  20. stm4710

    stm4710 Subscribing Member

    Ohhh please Kat Humper. You only give a dam about "helping" people who were "victims" because you stand to make a profit from it, by offering your services. :roll:

    I would love to see how you "conduct" investigations and do your "tests".
    If you want to help someone, give blood or volunteer at an orphanage. Stop harrasing the police and mis guideing your "victims".
     
  21. KHump

    KHump MassCops Member

    Well, again, it's cops like you that I, and my office fears! Maybe you didn't notice that my office 'volunteers' for the police complaint center. Which is in cooperation with the Massachusetts Attorney General's Office and the U.S. Department of Justice.

    I'll define volunteer for you; Volunteer means that I don't get paid. If I don't get paid, then I don't get a profit. THEREFORE, your post lacks merit.
     
  22. stm4710

    stm4710 Subscribing Member

    Most Police Officers are law-abiding public servants who take the oath to protect and serve seriously. Sadly, however, exist those officers that think they're "above the law". These tarnished badges make the law-abiding officer's look bad, and creates the assumption that the entire police department, for which he/she works, is corrupt.

    I have been the victim of police misconduct and have begun the fight to stop it!

    Currently IPS is being reviewed by the Police Complaint Center (PCC) located in Washington D.C. , whereas after the review, my office will be able to use there resources, and vice versa, to stand stronger in the fight against misconduct. For more information about the Police Complaint Center please visit there website by clicking here: PCC.

    Police misconduct may be either a civil or criminal violation (or both). In a civil case, you must prove that a pattern or practice of misconduct exists. Unlike in a criminal case, with a civil matter, you must prove that more likely then not the harassment/misconduct occurred (preponderance of the evidence).

    It does not matter if the police chief conducted his/her own internal investigation and concluded that the officers were acting within the law. The police chief is responsible for the actions of his/her officers, and if in fact his/her officers violated the law, the chief of police will suffer consequences also. Don't take the chief's so called "investigation" to heart. Get an outside source to investigate the matter.----Read: my company


    Let us help you by(for a small fee acourse):
    1. Obtaining Notarized complaints from the victims of police harassment.



    2. Issuing Subponeas (when applicable) to obtain police reports, notes,
    memorandums, etc.

    3. Furnishing to you the information we've obtained from the U.S. DOJ.

    4. Assisting you with proper contacts at the Attorney General's Office and/or the
    U.S. Department of Justice.

    I would like to give you my personal strategy in proving that a pattern or practice of misconduct exists. Leaving a paper trail, after a while, will show that you had an ongoing problem:
      • If you are continuously harassed and/or violated: you should go to the Police Department and ask for a complaint form. Fill out the complaint for and demand a copy. Give the complaint to the Chief by (a) leaving it with the dispatcher, and/or (2) have is served by a disinterested party within 48 hours*.
        • If the Police refuse to give you a complaint form: Don't be discouraged. Just simply type or write out the events that have happened explaining the situation. Make sure you also note that the Police refused to assist you with your complaint and neglected to furnish you a complaint form. As soon as possible, locate a Notary Public or other equivalent Officer and have him/her sign a jurat (affidavit certificate)(--which by chance I furnish for a fee)on or attached to the document. This is a wise idea because most Notaries are required to keep a journal of Notarial events. Therefore, the date and time of notarization will be recorded. Then, submit the complaint to the Chief of Police by having it served by a disinterested person (--We also serve papers for a fee) within 48 hours*.
      • If the harassment and/or violation is an isolated incident: You should:
        1. Fill out a complaint form
        2. Notify the Chief of Police by handing over the complaint (Get a Copy)
        3. Alert the town/city Government (Selectmen, etc.)
      • If you can't find any help and have exhausted all your resources: you should consult an attorney and see if your case is strong enough to file suite against the Police Department. In addition, you should also notify the Department of Justice so that they may initiate an investigation into your claims.
    OR
      • Consider drafting a petition: If you are being harassed, the chances are that others are too! Write a paragraph regarding known Police corruption/misconduct, and ask any citizen in your home town/city that has had similar experiences to sign the petition. You may have to do a little personal investigation to locate potential signers, but it will be well worth it in the end. (My advice: Alert the Chief of Police in a recorded meeting, or via certified mail, that you have started a petition. This will show, if in fact retaliation occurs that the police have retaliated against you.) Send this petition with at least 15 signatures to the address below.
    * Through time you should be able to use the copies of the complaints as evidence showing that a pattern of misconduct by the Police Officer(s) exist.


    All ongoing Police harassment, or even a severe isolated incident, should be filed with the Department of Justice's Civil Rights Division. You may alert them or request more information by calling (888) 848-5306 (voice and TDD), or by correspondence at:

    Coordination and Review Section
    Civil Rights Division
    U.S. Department of Justice
    P.O. Box 66560
    Washington D.C. 20035-6560




    DOWNLOADS:

    Addressing Police Misconduct -- Laws Enforced by the United States Department of Justice Civil Rights Division.


    Complaint Form -- Department of Justice Complaint Form


    FBI Information -- Color of Law: Civil Rights Violations




    © Korey Humphreys 2004-2006, All Rights Reserved



    Yeah.....volunteer :roll:
     
  23. USMCMP5811

    USMCMP5811 Administrator Staff Member

    Ohhhhh damn! K Hump just got SPANKED!:sq:
     
  24. SPINMASS

    SPINMASS Subscribing Member

    Sounds like a whole lot of volunteer work. By the way I offer these nifty services that you need in order to file a complaint etc. What a load of crap.
     
  25. KHump

    KHump MassCops Member

    How did you come to the conclusion that I just got "spanked"? The "for a little fee of course" was an add in by the poster.

    My office volunteers services in hopes to rid the commonwealth of bad cops. You're making it sound like I hate cops and that I am out to get them all. If any of you were real, law-abiding officers, you too would see the importance of our volunteer services.

    Let me ask you a serious question.... Do you really think it is bad to rid the Commonwealth of corrupt cops that are police officers because they think the badge will protect them from reality?
     
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