Trespassing
Contributors to this thread:Pennsylvania
From: horsethief51
08-Mar-19
This is a retired cop's explanation of how the trespassing laws work. Normally it is a summary offense, which means the violator gets a citation. (Like a traffic violation ticket.) If a cop sees you and the land is reasonably posted in plain sight he can issue you a non-traffic citation for an on-view violation. He would however be required (by most district judges) to bring the land owner to the summary trial.
From: horsethief51
08-Mar-19
A land owner with posted property can also get the violator's information and file summary proceedings himself in district court (magistrate's office). This is common when a police officer does not see the violation, when it involves an ongoing neighbor dispute, or the land owner refuses to go to hearings.
From: horsethief51
08-Mar-19
Trespassing is elevated to a misdemeanor if you refuse to leave the posted property or if you refuse to leave any property after being told you do not belong there (that it is private.) This is the simplified version and I welcome any corrections.
From: horsethief51
08-Mar-19
Cops do not like to get involved in neighborhood disputes and they can easily get jammed up if they do not have their ducks in a row. It goes so far for some departments that if the officer does not see it he will not prosecute simply on suspicion of a violation less than a felony. Private citizens CAN file charges.
From: horsethief51
08-Mar-19
Unless it was changed, I do not believe game wardens can cite people for trespassing. It would help if they could, but I have heard that they don't want to be running around answering those calls just as cops tell their dispatchers to give game law violations to the deputy game wardens. Having been there I have seen that go both ways.
From: horsethief51
08-Mar-19
My personal opinion is that we should all have respect for other people's property. With that in mind we should ask first. The burden should not be on the landowner to spend money posting his property. A simple way would be to provide trespass permission forms with your hunting license with the appropriate explanation of the rules. Off road riders would be a different story. Off course this would all take some good politicians to get done.
From: RC
09-Mar-19
Try this, Ron.
From: BC173
09-Mar-19
Bahahaha... lolol
From: Teeton
09-Mar-19
Years ago, my dad went up to his place as for years kids would party on the poles lines. Now this was probably 20 years ago. Well one summer night he went up and I think there was 11 kids (guess 16 to 21 years old) having a beer party. He had all of them cited for trespassing. This was the only time he/we did this. How many times you think there was beer parties on his place after that in the next couple of years??
From: Flintnocker
10-Mar-19
The real important thing right now is to get your full support to the PGC for ALL proposed regs changes for increased hunter privileges Across the Board! Do it now. If you cannot support them all, well, don't bother then:) New MO for me..I Will not become embroiled in controversy, or uncivil conduct among us. I will simply smile and mosey along......
From: Nemophilist
13-Mar-19
https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=35&sctn=3&subsctn=0
