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    LEO Question

    I live on 10 acres, with barns in the back. My place is fenced. Gate open. Son was down at barn working sheep. We live in the county with some scattered house and fields around us.

    Sheriff responding to call for service on "hearing gunshots". Pulls thru my open gate and makes contact with my son. Asking about the gunshots. Shots were heard in 2500 block and I am in 2600 block. Granted I know they would be checking surrounding areas.

    Can he do that? I have came home to these guys in my pasture before "watching" a house several hundred yards behind by back fence.

    My understanding is he isn't allowed to come onto my place like that. He says he can.

    Now, I am in Midland and we just had that shooting. everyone is on high alert and any loud clap is being instantly reported as gunshots.

    I would not be so aggravated if this wasn't the second time I have had them back there.

    Sure I am going to catch flak but I do not have anything against police. I just want them to do the job they are supposed to and not just go whenever they want whenever they want.


    So let me have it and make me understand if its ok Please

    #2
    With the gate open anyone can come up your driveway legally unless you have it posted no trespassing.

    Comment


      #3
      Originally posted by brysdad View Post
      With the gate open anyone can come up your driveway legally unless you have it posted no trespassing.
      Not really a drive way, an open gate with two track to barns. House sits right next to the gate entrance and does have a driveway.

      Comment


        #4
        Lock the gate when need be. Don't think LEO can go through locked gate just looking around. If there is some type of active situation, all bets are off.

        Comment


          #5
          Either way, legally, he can come on your property with the gate open. The whole doing surveillance in your back pasture is a little off putting.

          Comment


            #6
            Originally posted by Huntindad View Post
            Lock the gate when need be. Don't think LEO can go through locked gate just looking around. If there is some type of active situation, all bets are off.

            The gate stays locked 99% of the time. My son had drove down to hook onto a trailer and left it open to pull out.

            Comment


              #7
              You said it was a "open gate," so yes, they can enter to talk to the occupants. As for the prior event, they should ask to use your property for surveillance, not just do it. I'd call the sheriff and talk about your concerns.

              Comment


                #8
                Originally posted by brysdad View Post
                Either way, legally, he can come on your property with the gate open. The whole doing surveillance in your back pasture is a little off putting.
                So a normal privacy gate in a neighborhood being open to your back yard allows free entry to police? Not being sarcastic just trying to learn.

                Comment


                  #9
                  There's a law that prevents them, code enforcement, and tax assessor without warrants or other type paperwork. It requires specific posting and verbage kinda like a 30.06 sign. Did a quick search and couldn't find it, I'll do some more.

                  Comment


                    #10
                    Originally posted by tex4k View Post
                    There's a law that prevents them, code enforcement, and tax assessor without warrants or other type paperwork. It requires specific posting and verbage kinda like a 30.06 sign. Did a quick search and couldn't find it, I'll do some more.

                    I am looking also.
                    Thanks

                    Comment


                      #11
                      As a retired Investigator yes I would enter and ask if you have seen or heard anything during an ongoing investigation. As far as the surveillance that would need your permission.
                      To enter and search they need a search warrant.

                      Comment


                        #12
                        I live across from a rural place, 100 acres..anytime a gunshot is heard and someone calls the police, they always come by my house. They know I hunt. It's usually idiots at the boat ramp firing off a shot and leaving. When I was younger, If I heard a shot, i grab a lawn chair, 2 Beers and go sit at the end of my driveway and wait on the cops to come. After 10 years of them realizing it's not me they're less entertained w me now.

                        Comment


                          #13
                          Originally posted by one66stang View Post
                          I am looking also.
                          Thanks
                          Don’t know how to multi quote so I’ll answer both here. Yes, an open gate means people can enter. Look up Texas trespassing laws for clarification. As far as special signage, just hang a no trespassing sign at the gate and it’s posted and the gate doesn’t matter. Supposing the rest of the property is fenced. Trespassing isn’t as simple as it may seem.

                          Comment


                            #14
                            You can also just paint the post purple on either side of the gate.


                            Section D (I)



                            As Always My Heart is filled with Love for you and Your Families. Not because I am commanded to Love my Neighbor but because I can, am able to and it brings me Joy.

                            Comment


                              #15
                              You may not successfully keep police off your property just with a "no trespassing" sign. In Rosalez v. State, police officers were permitted to come onto property to conduct a crime investigation without being convicted of criminal trespass.

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