ASKED: Why do many &quot;No Trespassing&quot; signs say &quot;POSTED&quot;? Many &quot;no trespassing&quot; signs say &quot;POSTED&quot; in large letters at the top. Why? Obviously, the sign is posted; that's the whole purpose of a sign. To me, it makes as much sense as putting &quot;ASKED&quot; at the start of a Stack Exchange question or &quot;TEXTED&quot; at the start of a text. Does it serve any legal purpose? Or is it just designed to scare potential trespassers with legal-looking text?
&quot;Posted&quot; is a Term of Art &quot;Posted&quot; is a term of art in trespass law, specifically meaning that signs forbidding entry have been placed at the borders of a parcel. The page &quot;Properly posted definition&quot; from Law Insider reads: Properly posted means that signs prohibiting trespass—or bright yellow, bright orange or fluorescent paint—are clearly displayed at all corners, on fishing streams crossing property lines, and on roads, gates and rights-of-way entering the land. Or, they are displayed in a manner that is visible to a person in the area. The entry &quot;Posting&quot; in the &quot;Legal&quot; section of The Free Dictionary reads: Posting In connection with Trespass statutes, the act of placing or affixing signs on private property in a manner to give notice of the trespass. The page &quot;The Importance of Posting Property Signs&quot; reads in relevant part: Why should you use posted signs on property? Posting property is a great way to let someone know they have entered private land and they might not be welcome. Using posted signs not only indicates trespassing but also can specify restricted activities. Signs are good for both rural and urban settings as a way to protect owners and their property. ... Most states have specific rules for property signs that must be followed. Some rules may include: Words used: POSTED or NOTICE Sign size: 11&quot; x 11&quot; or 144 square inches Lettering size: minimum of 2&quot; Sign color: purple, bright orange, yellow Sign distance: every 100 feet Some states allow the use of spray paint to mark trees and fences in lieu of a sign. Purple paint is frequently used because it stands out against common natural colors. However, if a trespasser is unaware of this marking method, it would be more effective to use a sign. Check local and state laws to confirm what is needed to properly post legally in your area. Several US states use the term &quot;Posted&quot; in their laws on trespass, and provide that the presence of the word &quot;posted&quot; on a sign has special significance. Maryland maryland Maryland Criminal Law Code § 6-402 (2017) provides that: (a) Prohibited. -- A person may not enter or trespass on property that is posted conspicuously against trespass by: (a) (1) signs placed where they reasonably may be seen; or (a) (2) paint marks that: (a) (2) (i) conform with regulations that the Department of Natural Resources adopts under § 5-209 of the Natural Resources Article; and (a) (2) (ii) are made on trees or posts that are located: (a) (2) (ii) 1. at each road entrance to the property; and (a) (2) (ii) 2. adjacent to public roadways, public waterways, and other land adjoining the property. The law firm page &quot;Trespassing Laws in Maryland&quot; reads in relevant part: Posted Property Trespass A person is not allowed to enter onto property that is posted conspicuously against trespassing. That posting can come in the form of signs that are placed where they can be reasonably seen or by paint marks on trees or posts at the entrances and land adjacent to the property. New York new-york-state The page &quot;Posting Your Land&quot; from the NY Dept of Environmental Conservation reads in relevant part: Trespassing Trespassing is illegal even on unposted property. Instead of posting, a landowner or other authorized person may issue written notice to another individual informing them that they are prohibited from entering the property. The notice must contain a description of the property, what restrictions apply (hunting, fishing, trapping) and the person or persons prohibited from entry. It should be delivered by certified mail or other processes (ex: legal notice in newspaper) to prove that the person was served. At any time, anyone by the landowner, occupant, or other authorized person to leave the premises (posted or not), must do so immediately. Trespassing on areas posted against trespass pursuant to the Environmental Conservation Law is punishable by a fine up to $250 and/or up to 15 days in jail. It is a defense to this type of trespass that there are not signs posted instructing people to stay off the property. It may also be a defense that any signs posted in the area are not in the proper place to be easily seen by visitors to the property. Signage Details Hardware and farm supply stores frequently carry signs for posting. Customized signs may also be obtained from local printers. DEC doesn't provide signs to private landowners unless the landowner is a cooperator under the Fish and Wildlife Management Act. In this case, they will be provided with &quot;Safety Zone&quot; signs. Cooperators provide free public access to most of their property in a large cooperative hunting/fishing area. Signs must be a minimum of 11 inches by 11 inches. They also must bear the name and address of the owner, lawful occupant or other person or organization authorized to post the area. The sign must bear a conspicuous statement which shall either consist of the word &quot;POSTED&quot; or warn against entry for specified purposes or all purposes without the consent of the person whose name appears on the sign. These words must cover a minimum space of 80 square inches (about 9 by 9 inches) of the sign. Image from the NYS DEC page linked above (There is a very similar image included in the Wikipedia article &quot;Trespass&quot;.) California california In California &quot;Posted property&quot; is the legal term for property where suitable signs have been placed along the boundary or near it, to informa people tht trespassing is forbidden. But it appears that in CA the word &quot;Posted&quot; need not appear on such signs, the words &quot;No Trespassing&quot; being sufficient. California also makes it a misdemeanor (Under section 602) to enter into or remain on property of another, without any legal right to be there, if one is instructed not to enter, or to leave, but such proeprty is not considered &quot;posted&quot;. California Penal Code section 553 provides that: he following definitions apply to this article only: (a) “Sign” means a sign not less than one (1) square foot in area and upon which in letters not less than two inches in height appear the words “trespassing-loitering forbidden by law,” or words describing the use of the property followed by the words “no trespassing.” (b) “Posted property” means any property specified in Section 554 which is posted in a manner provided in Section 554.1 . (c) “Posted boundary” means a line running from sign to sign and such line need not conform to the legal boundary or legal description of any lot, parcel, or acreage of land, but only the area within the posted boundary shall constitute posted property, except as otherwise provided in subdivision (e) of Section 554.1 . California Penal Code section 554 provides in relevant part that: Any property, except that portion of such property to which the general public is accorded access, may be posted against trespassing and loitering in the manner provided in Section 554.1 , and thereby become posted property subject to the provisions of this article applicable to posted property, if such property consists of, or is used, or is designed to be used, for any one or more of the following: ... California Penal Code section 554.1 provides that: Any property described in Section 554 may be posted against trespassing and loitering in the following manner: (a) If it is not enclosed within a fence and if it is of an area not exceeding one (1) acre and has no lineal dimension exceeding one (1) mile, by posting signs at each corner of the area and at each entrance. (b) If it is not enclosed within a fence, and if it is of an area exceeding one (1) acre, or contains any lineal dimension exceeding one (1) mile, by posting signs along or near the exterior boundaries of the area at intervals of not more than 600 feet, and also at each corner, and, if such property has a definite entrance or entrances, at each such entrance. (c) If it is enclosed within a fence and if it is of an area not exceeding one (1) acre, and has no lineal dimension exceeding one (1) mile, by posting signs at each corner of such fence and at each entrance. (d) If it is enclosed within a fence and if it is of an area exceeding one (1) acre, or has any lineal dimension exceeding one (1) mile, by posting signs on, or along the line of, such fence at intervals of not more than 600 feet, and also at each corner and at each entrance. (e) If it consists of poles or towers or appurtenant structures for the suspension of wires or other conductors for conveying electricity or telegraphic or telephonic messages or of towers or derricks for the production of oil or gas, by affixing a sign upon one or more sides of such poles, towers, or derricks, but such posting shall render only the pole, tower, derrick, or appurtenant structure posted property. California Penal Code section 555 provides that: It is unlawful to enter or remain upon any posted property without the written permission of the owner, tenant, or occupant in legal possession or control thereof. Every person who enters or remains upon posted property without such written permission is guilty of a separate offense for each day during any portion of which he enters or remains upon such posted property.
Section 11(6) of the Landlord and Tenant Act 1985 says In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair. There is also an absolute right to enter in an emergency (such as fire). Note that the law does not require tenant permission (a landlord may obviously enter for any reason with permission): the law says when he may do so without permission. If the "viewing" is related to repairs, then you just have to accept it. However, "viewing" usually means "showing prospective new tenants". In that case, there is the 28 day end-of-tenancy entry right which, if you didn't omit anything, is not relevant. In light of the common law right to quiet enjoyment, you have the right to exclude the landlord (or anyone else) absent a statutorily expressed override. Permission can be inferred by word or action under common law, for example if a person appears at the door and you open it wide and step aside, you have implicitly granted permission even if you didn't say "I hereby permit". Explicitly denying permission (even once) eliminates any reasonable possibility of inferring permission. If you had gotten an email saying "we'll come by at 4:30" and you reply "Alrighteo, see you then", that can reasonably be interpreted as permission. If you do not reply, they cannot infer permission (obviously: X sending a message to Y does not entail that Y received or read the message). If a person does not have a right to enter property, then doing so by force constitutes trespass, which is plainly against the law.
Is this interpretation correct? YES Encounters such as this should normally fall within the non-statutory stop &amp; account which covers police-initiated conversations with members of the public to ask general questions about their activities when there are no reasonable grounds to suspect an offence. The terminology varies from Force to Force, but can be summarised as: What are you doing? Why are you in the area? Where are you going? What are you carrying? There is no legal requirement or obligation to answer any of these questions, and the police cannot lawfully detain anyone to ask them - unlike the statutory powers under Stop &amp; Search and Arrest covered by the OP.
I will not speak to your specific situation. I am unfamiliar with the jurisdiction and real estate contracts are one of the most highly regulated contracts so local statutes may override common law. In general, the terms of a contract are what the parties agree; the written document is not the contract - it is evidence of the contract. In a case where the parties agree that the written version is wrong then the written version is wrong. Where the parties disagree that the written version is wrong (or agree that it is wrong but disagree as to how) then each will need to provide evidence to support their position. A signed written contract that supports one parties position is extremely strong evidence! The other party would need to provide some overwhelming evidence to trump this. The general position that the courts take is that the written contract accurately documents the agreement unless someone can prove that it doesn't.
Your question goes to a person's state of mind, which gets tricky; the intention of the law is that to be guilty of trespassing a reasonable person would need to know they had entered into or were remaining in a place they are not supposed to be. Specific requirements for what that means is going to vary by jurisdiction (closed-off area, posted signs, verbal notice, etc). Trespass is knowingly entering another owners’ property or land without permission, which encroaches on the owners’ privacy or property interests (Cornell Law). In your example, John would not be trespassing unless and until Joe asked him to leave and John refused to do so.
An appeal to ignorance asserts that a proposition is true because it has not yet been proven false. That is not in any way the situation here. The defendant knows if he/she has or has not so the only available answers under oath are "yes" or "no" - the jury knows this too so any other answer will be seen as disingenuous. However, this information (affirmative or negative) is off limits to the jury as it could prejudice their decision, hence the mistrial. A quick judge could instruct the defendant not to answer and instruct the jury to disregard the question but if a conviction results the defence team could use the fact that it was asked as grounds for appeal. A judge must decide if the interests of justice are better served by a retrial or a tainted conviction.
As the answer by Greendrake says, if you have a a legal reason, to enter property, you re not a trespasser. Trespassing is generally defined as entering on property against the expressed will of the owner or lawful occupant, without lawful authority. A firefighter is not trespassing when responding to a fire, even if the owner orders the firefighter to leave. A building inspector is not tresspassing while making an inspection (if local law grants an inspector access). Neither is a police officer with a warrant for entry, or a person with a court order to recover property. In some cases such lawful authority must be communicated to the owner, in others it need not be, this depends on the nature of the authority and the exact provisions of the governing law. Whether such a person entering with authority may be armed depends very much on the local law, and the nature of the authority. In some cases and some places such a person is free to be armed, in others this would be illegal. If one is lawfully present somewhere and is attacked, one is entitled to defend oneself (or another), although there may be a duty to avoid a confrontation by retreating if this is reasonably possible when not in one's own home in some jurisdictions (such as California). But the use of deadly force (such as a gun) is generally not lawful unless there is an imminent threat of death or serious injury. None of this is legally different when one is lawfully on another's property than when one is in a public place. California Law California Penal Code section 693 provides that: Resistance sufficient to prevent the offense may be made by the party about to be injured: To prevent an offense against his person, or his family, or some member thereof. To prevent an illegal attempt by force to take or injure property in his lawful possession. It should be read together with sections 692 and 694. Judicial Council of California Criminal Jury Instruction #505 reads: The defendant acted in lawful (self-defense/ [or] defense of another) if: The defendant reasonably believed that (he/she/ [or] someone else/ [or] ) was in imminent danger of being killed or suffering great bodily injury [or was in imminent danger of being (raped/maimed/robbed/ )]; The defendant reasonably believed that the immediate use of deadly force was necessary to defend against that danger; AND The defendant used no more force than was reasonably necessary to defend against that danger. Belief in future harm is not sufficient, no matter how great or how likely the harm is believed to be. The defendant must have believed there was imminent danger of death or great bodily injury to (himself/herself/ [or] someone else). Defendant’s belief must have been reasonable and (he/she) must have acted only because of that belief. The defendant is only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation. If the defendant used more force than was reasonable, the [attempted] killing was not justified According to &quot;California Self-Defense Laws&quot; (a page posted by a CA law firm: California law allows use of force in self-defense or defense of others when you reasonably believe that you or they are in imminent danger of physical harm, and that force is necessary to stop the danger. However, you may only use the degree of force reasonably necessary under the circumstances. The page &quot;California Self Defense Laws&quot; from Findlaw reads: The right to use force -- even deadly force if necessary -- to defend oneself is a broadly accepted principle of the criminal justice system. But while all states allow defendants to claim self defense if they can back up such claims, states differ on the scope of what may be considered appropriate use of force and when it may be applied. ... As a general rule of thumb, any force used against an intruder must be proportionate to the harm reasonably feared. In People v. King {Crim. No. 20380. Supreme Court of California. August 29, 1978.} The California Supreme Court held that self-defense was a possible defense to a charge of possession of a handgun by a felon, and wrote about the right of self-defense in CA law. The opinion reads: [I]t is apparent that the conviction cannot stand if the trial court erred in refusing to instruct the jury regarding the right of self-defense as it related to the section 12021 charge. ... When enacting section 12021 and its predecessor statute, the Legislature is presumed to have been aware of the several existing statutes giving any person the right to use force, including deadly force in appropriate circumstances, in defense of self or others. This right has been included in provisions of the Penal Code since its enactment in 1872. Section 692 provides: Lawful resistance to the commission of a public offense may be made: By the party about to be injured; By other parties.&quot; Section 693 provides: Resistance sufficient to prevent the offense may be made by the party about to be injured: To prevent an offense against his person, or his family, or some member thereof. To prevent an illegal attempt by force to take or injure property in his lawful possession. Section 694 extends the right to defend others, providing: Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense. Although the extent of these rights has been defined and circumscribed by judicial decision (see, e.g., People v. Ceballos, supra, 12 Cal.3d 470) none of these sections has been amended to restrict the rights affirmed therein since its adoption over a century ago. Civil Code section 50, affirms the same rights, providing: Any necessary force may be used to protect from wrongful injury the person or property of oneself, or of a wife, husband, child, parent, or other relative, or member of one's family, or of a ward, servant, master, or guest. It, too, was adopted in 1872, and it was amended in 1874 to expand the right of defense first declared to encompass guests. Similarly the provisions of sections 197 and 198 governing the circumstances in which homicide is justifiable were included in the Penal Code of 1872, and are traceable to the Statutes of 1850. ... Use of a concealable firearm in self-defense is neither a crime nor an unlawful purpose. ... We conclude, therefore, that the prohibition of section 12021 was not intended to affect a felon's right to use a concealable firearm in self-defense, but was intended only to prohibit members of the affected classes from arming themselves with concealable firearms or having such weapons in their custody or control in circumstances other than those in which the right to use deadly force in self-defense exists or reasonably appears to exist. Thus, when a member of one of the affected classes is in imminent peril of great bodily harm or reasonably believes himself or others to be in such danger, and without preconceived design on his part a firearm is made available to him, his temporary possession of that weapon for a period no longer than that in which the necessity or apparent necessity to use it in self-defense continues, does not violate section 12021. As in all cases in which deadly force is used or threatened in self-defense, however, the use of the firearm must be reasonable under the circumstances and may be resorted to only if no other alternative means of avoiding the danger are available. In the case of a felon defending himself alone, such alternatives may include retreat where other persons would not be required to do so.
What a statute means can be difficult to determine. There are several approaches to statutory interpretation that could be helpful: Textual: The plain meaning doesn't confine "use" to a few particular types of uses. The plain text provides an expansive prohibition on any use of an electronic communication device. Legislative history/legislative intent: The previous version of the subsection did limit prohibited uses to only composing, sending, or reading electronic messages. Given the amendment, it seems that the legislature no longer desired that limitation. When the bill was introduced, Rep. D'Amico stated the purpose of the bill was to "[expand] the prohibition on driving while using an electronic communication device to include uses beyond composing, sending, or reading an electronic message." During debate, when asked what a person should do that doesn't have Bluetooth, Rep. D'Amico suggested "You put it on speaker phone". When asked, "Where would you place the phone?", Rep D'Amico replied, "Wherever you feel like; just not next to your ear." During the same debate, D'Amico described the bill: "What House Bill 1247 does is ban handheld cell phones while driving a vehicle." In my opinion, the declaration of the bill's sponsor, and the debate surrounding the bill treated it as expanding the prohibition from including only texting and email to also include voice conversations. As far as I can tell, the full scope of "using" under this statute hasn't been tested in court, but I could see this going either way. The plain text provides an expansive prohibition on any use of an electronic communication device. However, a court might also be convinced by the legislative intent that only aims to add handheld voice communications to the previous list of prohibited activities (or it least it could be argued that this is the case). Further, under a purposive construction, a court could even look beyond the explicit legislative intent and find that the core purpose was to prevent distraction, in which case "using" could include any activity on your electronic device that distracts you as if you were texting, or making a phone call (eg. selecting the next song to play in your music app).