Police Trespassing?

Question

Can a police officer come onto Private property with 6 No Trespassing signs? I will post a copy of the law below. The reason the officer was on the property was to deliver civil papers. Therefore no crime had been or was being committed. And I see no proable cause for him to be on the property.

Please state what you base your opinion on.

Thank you

SECTION 16-11-600. Entry on another's pasture or other lands after notice; posting notice.

Every entry upon the lands of another where any horse, mule, cow, hog or any other livestock is pastured, or any other lands of another, after notice from the owner or tenant prohibiting such entry, shall be a misdemeanor and be punished by a fine not to exceed one hundred dollars, or by imprisonment with hard labor on the public works of the county for not exceeding thirty days. When any owner or tenant of any lands shall post a notice in four conspicuous places on the borders of such land prohibiting entry thereon, a proof of the posting shall be deemed and taken as notice conclusive against the person making entry, as aforesaid, for the purpose of trespassing.

Answer 1

No, not without a warrant or probable cause.

Probable cause:

If the officer, lets say, saw you holding a gun to someone's head then of course they can.

If they they saw you drinking a beer from the street and asked how old you are and you said 16 then yes they can.

If they saw you drinking a beer from the street and you said you were 21, even if you really were 16, then no they can't without a warrant.

Warrant: If they want to come on your property without your permission because they have a hunch or someone tipped them off to something they MUST get a signed warrant from a judge.

You could take it to court but judges seem to be pretty partial to police but it depends on your unique situation. If you have money and time to spare I would say go for it for the sake of sticking it to the system! lol

EDIT: In regards to serving civil papers the law may be different.

Answer 2

he was there serving papers and you say he had no cause to be on your property, Humm, sure you want to run that one by a Judge?!

Answer 3

they have to have a warrent or no they cant if a do sew them.