LEO comments on trespassng and going to jail

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • amboy49

    Master
    Rating - 83.3%
    5   1   0
    Feb 1, 2013
    2,312
    83
    central indiana
    Not sure if this fits in this category but also not sure what other category might be more appropriate. The background is that I was shooting at a friends 60 acre tract this evening ( 9mm handgun ) by myself where we have been shooting since last year. We shoot into an earthen dam as a backstop. This is a 60 acre tract where we shoot in a creek bottom surrounded by trees.

    As I left the property the neighbor was standing across the road in his yard and confronted me stating rounds were "whizzing through the trees above his head over his house." Approximate distant is roughly 500 yards. This is the first issue we've had with this neighbor although they recently moved into the house. I won't totally discount the rounds getting off the property although I sincerely doubt that is the case. The neighbor stated he had called the sheriff and after I had talked to the neighbor and waiting for awhile I left without law enforcement showing up.

    Got home about 15 minutes later only to have a sheriff's deputy pull up in my driveway. After a dscussion (somewhat of a lecture) re: safe shooting, good neighbors, people getting killed, etc. the deputy asked if I owned the property. I stated it belonged to a friend of mine and provided the name of the landowner and offered his phone number. The deputy replied that just providing a name and a phone didn't prove I knew the landowner. The deputy then informed me that if I was confronted by law enforcement (him) while on property I didn't own and I couldn't produce a written document that I had permission to be there he could (and would) be able to take me to jail citing me for trespass.

    After this rambling the question is whether this is correct ? Do I have to show written permission to law enforcement or risk be taken to jail ? ! I would have thought the landowner would have to actually make a complaint. The deputy recommended I obtain a written permission slip from the land owner and keep it in my truck. I replied I don't always drive the same vehicle. He then said I should keep it in my shooting bag . . . . or better still, keep it in my wallet. Quite frankly I don't intend to fill my wallet with paperwork just to placate law enforcement. On the other hand, I'd just as soon not spend a nite in jail due to an overzealous deputy if the landowner is not shooting with me and can't be reached. Again, the deputy said someone calling him wouldn't result in proof of who the caller actually was and whether I have been given permission.

    I am willing to follow the rule of the law - I just have trouble believing I can be jailed if I don't have written permission from the landowner on my person when no landowner complaint has been filed. Do I risk being detained and jailed ?
     

    Kirk Freeman

    Grandmaster
    Rating - 100%
    11   0   0
    Mar 9, 2008
    48,287
    113
    Lafayette, Indiana
    amboy, what have you learned from INGO about taking legal advice from the police?:D

    I own my property. Need I write myself a letter to give myself consent to be upon my property?
     

    VERT

    Grandmaster
    Site Supporter
    Rating - 100%
    23   0   0
    Jan 4, 2009
    9,860
    113
    Seymour
    Did the land owner of the property you were on complain? Is it illegal to shoot in the country?
     

    amboy49

    Master
    Rating - 83.3%
    5   1   0
    Feb 1, 2013
    2,312
    83
    central indiana
    The landowner does have a no trespassing sign on the gate. The thought just occured to me I might be better off keeping a good attorney's phone number in my wallet. (?)
     

    Rookie

    Grandmaster
    Rating - 100%
    14   0   0
    Sep 22, 2008
    18,194
    113
    Kokomo
    Have your friend write a permission slip in crayon. Go do some mag dumps, wait for the stupidity to start, and giggle.

    ETA: Make sure your friend uses a fat crayon so it will look more authentic.
     

    VERT

    Grandmaster
    Site Supporter
    Rating - 100%
    23   0   0
    Jan 4, 2009
    9,860
    113
    Seymour
    The landowner does have a no trespassing sign on the gate. The thought just occured to me I might be better off keeping a good attorney's phone number in my wallet. (?)

    I would just put a lock on the gate. Unlock gate, enter property, lock it behind you. Obviously you have permission to be there and the neighbors or anyone else doesn't. Smile and blow kisses
     

    30calmachinegunner

    Sharpshooter
    Rating - 100%
    2   0   0
    Apr 11, 2009
    426
    18
    Westfield
    Can't remember exactly when(70-80's) but I seem to remember that requirement if hunting, never heard of it concerning anything else. Have you considered actually contacting the sheriff and asking him to cite the Indiana code that his deputy is threatening :popcorn: you with?
     

    Rookie

    Grandmaster
    Rating - 100%
    14   0   0
    Sep 22, 2008
    18,194
    113
    Kokomo
    I would just put a lock on the gate. Unlock gate, enter property, lock it behind you. Obviously you have permission to be there and the neighbors or anyone else doesn't. Smile and blow kisses

    My idea sounds like more fun.
     

    wolfman

    Master
    Rating - 0%
    0   0   0
    May 5, 2008
    1,734
    63
    S Side Indy
    Keep the land owners number on speed dial. Next time you are confronted by an LEO, pull out the phone, dial up the land owner, hand said phone to the LEO, and have him verify you can be there himself, end of conversation.
     

    Rookie

    Grandmaster
    Rating - 100%
    14   0   0
    Sep 22, 2008
    18,194
    113
    Kokomo
    Keep the land owners number on speed dial. Next time you are confronted by an LEO, pull out the phone, dial up the land owner, hand said phone to the LEO, and have him verify you can be there himself, end of conversation.

    Super trooper claimed name and phone number wasn't good enough. You think a phone call would make a difference to this certifiable genius?
     

    amboy49

    Master
    Rating - 83.3%
    5   1   0
    Feb 1, 2013
    2,312
    83
    central indiana
    Can't remember exactly when(70-80's) but I seem to remember that requirement if hunting, never heard of it concerning anything else. Have you considered actually contacting the sheriff and asking him to cite the Indiana code that his deputy is threatening :popcorn: you with?
    I know the sheriff and the incumbent who will take office this fall since he running unopposed. I did consider giving one of them a call and have them provide the Indiana code ( or at least confirm the deputy's statement ). I told the deputy if he wanted to have the sheriff or incumbent contact me they were welcome to do so. The current sheriff in my county is actually pro-gun and I have taken a couple of defensive pistol classes he teaches. I've known both for quite some time.
     

    Rookie

    Grandmaster
    Rating - 100%
    14   0   0
    Sep 22, 2008
    18,194
    113
    Kokomo
    I know the sheriff and the incumbent who will take office this fall since he running unopposed. I did consider giving one of them a call and have them provide the Indiana code ( or at least confirm the deputy's statement ). I told the deputy if he wanted to have the sheriff or incumbent contact me they were welcome to do so. The current sheriff in my county is actually pro-gun and I have taken a couple of defensive pistol classes he teaches. I've know both for quite some time.


    BORING!!!
     
    Top Bottom