# No Tresspass Order Enforcement



## magnum (Sep 23, 2009)

I have a situation where some neighborhood children are using part of my lawn for playing sports. Normally I would let it go, but the kids have been disrespectful. I was going to put up a fence but my neighborhood has a restrictive covenant where a fence can only go in the back of the house 

I went down to my local PD and they told me how to send a No trespass letter. I sent the notice USPS certified return receipt to the kids parents.
I also put up a no trespassing sign. I also had a surveyor place stakes on the property corners.

Then I got video clips showing the children on my property running right past my no trespassing sign.

Next, I e-mailed the video, photos, copies of the no trespass notice (and proof of service) and the bill from the surveyor to the police department stating that I wanted to press charges.

The response I got from the officer was "I will not pursue charges against children playing on your property. I do not believe we could prove any criminal intent of any nature. Sorry."

I don't get it, does Massachusetts General Law, Chapter 266, Section 120 only apply to adults?


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## Boston Irish Lass (Feb 13, 2009)

Do what I did, plant thorn bushes and/or large plants/shrubs. I have a rock wall that the boys love to launch themselves off of as they run through the yard. I wouldn't care but you KNOW that one of them is going to trip and hurt themselves.

Have you spoken to the parents?


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## rocksy1826 (Nov 12, 2006)

Spray them with a garden hose and steal their ball.






disclaimer: my views are usually a terrible idea.


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## Beal Feirste (Jul 28, 2009)

*Depends on what sort of kids they are. Claymores?*


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## fra444 (Nov 23, 2008)

It certainly does apply to children but juvenile courts are more of a joke then adult. But above and beyond that I think its time to talk face to face with the kids parents. Not by mail, (E or Snail) but talk TO them. Who wants to give a kid a record for playing ball? Also make sure to mention to the parents how they have been disrespectful.


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## niteowl1970 (Jul 7, 2009)




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## Trifecta (Mar 3, 2006)

Sir,

In my humble opinion you did everything right except ass backwards. Too many times people assume the Police and Courts are going to handle simple neighbor disputes when a simple friendly talk may work. Like the afformentioned posts, talk to the parents with respect and politeness. I does go a long way.


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## TopCop24 (Jul 11, 2005)

Trifecta is right on the money with the ass backwards comment. The tresspass order should have been the LAST resort. Somehow I don't see the parents being receptive to a sit down coversation now. More likely it be would "what does the a$$hole neighbor want now"


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## Pats2009 (Aug 24, 2007)

Careful now the kids might get ticked off...because come Halloween....


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## MetrowestPD (Oct 21, 2008)

The police will not pursue this because it involves very minor juvenile offenses if any. Criminal trespass needs to have notice and unless the juveniles signed for the certified mail you may be out of luck depending on their age. You can pursue this and take out your own criminal complaint or a civil trespass, but like Trifecta said try face to face with the neighbors goes a long way. It seems to be a lost art, but nobody wants to solve their own problems, they just want to call the police and have them handle it.


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## niteowl1970 (Jul 7, 2009)

MetrowestPD said:


> The police will not pursue this because it involves very minor juvenile offenses if any. Criminal trespass needs to have notice and unless the juveniles signed for the certified mail you are out of luck. You can pursue this and take out your own criminal complaint or a civil trespass, but like Trifecta said try face to face with the neighbors goes a long way. It seems to be a lost art, but nobody wants to solve their own problems, they just want to call the police and have them handle it.


That's so true. We live in a society where no one wants confrontation. I wonder about the neighbors though. Does he feel they will act agressivly against him ? Is he afraid of them ? If they weren't then they might be after receiving a letter and seeing a sign put up.


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## csauce777 (Jan 10, 2005)

MetrowestPD said:


> Criminal trespass needs to have notice


He said he also installed a sign. A "No trespassing" sign placed in a conspicuous place can serve as notice.


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## Guest (Sep 24, 2009)

With all due respect to my MC colleagues, they are wrong.

Your answer lies here: [nomedia="http://www.youtube.com/watch?v=NelBNtNm8l0"]YouTube- Gran Torino - Get Off My Lawn _HD[/nomedia]

Happy Hunting!


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## OfficerNimtz9 (Jul 23, 2009)

BB gun........ j/k.... Just talk to the parents, if there just playing then there is no reason to press charges, if they are distryoing property then you have a better case on your hands. If you are having that much trouble with the kids, go to the court yourself, or to the state police. Might still not get anywere but who knows, Depends on who you talk to and what kind of day they are having


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## EBPD240 (Oct 8, 2006)

OfficerNimtz9 If you are having that much trouble with the kids said:


> YA RIGHT, The state police after laughing at you will tell you to call your own police dept, and they should. Can you believe how many calls like this they must get? I know of many residents that do not get their way think they are going to call the state police and everything is going to be all right.


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## Trifecta (Mar 3, 2006)

OfficerNimtz9 said:


> BB gun........ j/k.... Just talk to the parents, if there just playing then there is no reason to press charges, if they are distryoing property then you have a better case on your hands. If you are having that much trouble with the kids, go to the court yourself, or to the state police. Might still not get anywere but who knows, Depends on who you talk to and what kind of day they are having


Call the State???????? This is a local PD issue.


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## jedediah1 (Jun 18, 2009)

hang a small dummy from a tree with a sign (trespasser), giving the impression you string up anyone who breaks the property line. then sit out there with a noose, a beer, and a smile. or offer them 5 bucks to play in someone elses yard


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## csauce777 (Jan 10, 2005)

Trifecta said:


> Call the State???????? This is a local PD issue.


I had a guy decide that he didnt like me, or the other officer working, so he went to the Middleboro Barracks. An MSP Sgt. called me to advise he had some wacko in the barracks wanting to file a complaint. When he was done laughing, he sent the guy back to my town. Instead he decided to go to a neighboring town and plead his case there. WTF? He got the same laugh, and ultimately, he went away.


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## OfficerObie59 (Sep 14, 2007)

It also depends on just how old these kids are. 

Not sure how old the children in your neighborhood are, but I believe children under the age of 7 are statutorily restricted from prosecution as they are incapable of forming criminal intent. 

Nonetheless, I was always under the impression that Trespassing after Notice was a strict liability crime--you're either trespassing or you're not. Also, trespass in MA is only arrestable if the officer actually sees it occur in his/her presence. Many departments--even in cases where they agree a violation has occured--may simply refer you to the court so you can complete your own criminal complaint. 

In any event, Tri was right on the money. Resorting to legal means should be saved as a last resort and is one that burns all your bridges. It sucks when you burn those bridges before you even attempted to cross them.


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## fra444 (Nov 23, 2008)

EBPD240 said:


> YA RIGHT, The state police after laughing at you will tell you to call your own police dept, and they should. Can you believe how many calls like this they must get? I know of many residents that do not get their way think they are going to call the state police and everything is going to be all right.


 I had a guy do this one night as I was walking away from him because he was not at all satisfied with my service!! LMAO shocker of all shockers, he never got a trooper to go to his house!!!


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## TopCop24 (Jul 11, 2005)

fra444 said:


> I had a guy do this one night as I was walking away from him because he was not at all satisfied with my service!! LMAO shocker of all shockers, he never got a trooper to go to his house!!!


I had a well known local shitbag call the barracks before and personally request crime scene to come take fingerprints because he wasn't happy with the local PDs response. I told him to stop watching CSI and worry about who he hangs around with.


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## OfficerNimtz9 (Jul 23, 2009)

Trifecta said:


> Call the State???????? This is a local PD issue.


Yes but in certian areas if you do not get anywere with local PD then you have the right to ask the State Police for help, but like I said It might work it might not work. I depends on who you talk to.

About 7 years. I was having issues with someone slashing tires and smashing winodws, when I lived in North Brookfield MA. I went to the local PDto report property damage and they took my report and said because they didnt see it happen they couldn't do anything. So I went to the state Police in Brookfield MA and they took my report, took pictures of the damage and sent an undercover officer to the nieghborhood for about A month and in that time period they arrested 2 groups of teens who were running around the block spray painting cars, putting cat litter in the gas tanks, smashing window, etc..... So there are some cops out there who actually like to do there jobs. State and Local.


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## Trifecta (Mar 3, 2006)

Last sentence is where it stands. Some officers take pride and others take reports. Has nothing to do with State/Local


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## BRION24 (Sep 19, 2008)

The Brookfield Barracks doesn't have much going on so they were probably happy that they could actually investigate something.


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## OfficerObie59 (Sep 14, 2007)

BRION24 said:


> The Brookfield Barracks doesn't have much going on so they were probably happy that they could actually investigate something.


No kidding. I'm sure the troops east of the Rocky Mountains have more pressing issues to deal with.

I've had this happen a number of times, that people complain that they want the the State Police when their not satisfied with your resolution--and then they command me to call them, like it's something I'm obligated to do. Don't get me wrong, this isn't a dig on my french and electric blue brothers, but I'm curious as to where this perception came from, that MSP is the end-all be-all of police customer service where you can go to complain and they'll set those locals straight for you!

I ask simply because all police rumours usually have foundation based on a thread of truth...."The cop wasn't wearing his hat", "local cops can't stop you on the highway", "cops have to have their parking lights on when running radar"...etc...


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## BrickCop (Dec 23, 2004)

I hate to break it to the OP but I've seen trespass cases vs. urinating homeless crackheads get broomed. I doubt the court(s) will lower the boom on ball playing kids.

If they've damaged your property tell the parents you'll sue...that civil threat will be more effective than anything. They'll be dope slapping little Johnny to keep off your property if he is going to cost them $$$.


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## Irish Wampanoag (Apr 6, 2003)

File a complaint yourself at your local district court and submit the video as evidence.

OR

Set up some home honey bee nests near where they tresspass. Your local bee keeper can suggest everything you need.


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## jettsixx (Dec 10, 2005)

I had one gem, that didnt like my answer so she went to MSP, didnt like thier answer so she actually called the FBI in Boston.


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## MetrowestPD (Oct 21, 2008)

I was booking a prisoner one time and gave him his phone call and let him use his cell phone. In the middle of it I get a 911 call, its the MSP transfering a call from the prisoner. He called because he thought we had no right to arrest him for a suspended license, and we wouldn't give him a ride home to Worcester once he was bailed. 

It was funny, because I then took his phone and told him thats your one call (didn't have the Bail Commissioners fee), let him sit for a while.


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## Trifecta (Mar 3, 2006)

same thing but a guy dialed 911 and complained to dispatch about the arrest. She quickly transfered the call back to booking where I answered the phone right in front of him.


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## Paul Revere (Aug 23, 2009)

pats2009 said:


> careful now the kids might get ticked off...because come halloween....


 "one of dem flamin bags again!!!"


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## johnjohn (Nov 23, 2006)

Call the Middlesex Sheriff department, lol, they would be more then willing to address your issue.


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