Posted by Bret4207 on March 14, 2008 at 16:40:53 from (207.42.20.130):
In Reply to: Disappearing posts posted by Billy NY on March 14, 2008 at 13:48:01:
Well Billy, email and PM aren't available here. Put simply the premises is your house. Pushing it beyond that gets hazy. On the use of force to effect and arrest- you have to be legal in the making the citizens arrest in the first place. As for the law being open to interpretation- yup. Thats intentional I think. Each case is an individual. Applying a black and white rules would not allow for any lee way. The first time offense might not warrant the same treatment as the 3 rd time offender. There has to be a certain amount of flexibility built into a law, just as the wording in a law often makes something a crime only under certain conditions. Words like "intent", "knowingly" and "recklessly" become very important and often mean the difference between a mistake and a crime.
As for the repeat offender trespassing a court can hold the person in Contempt in NYS if the guilty party fails to follow the Courts instructions, ie- an Order of Protection type situation. That bumps the Violation up into the misdemeanor area and gets some real penalties.
I know this is frustrating. I have over 340 acres and have druggies growing on me occasionally, poachers, trespassers (dang snowmobilers!), etc. Regardless of my job there is no way I can advocate breaking the law to enforce the law. And I can recommend anyone else do the same. Play it safe and sane is the best advice.
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - A Lifetime of Farm Machinery - by Joe Michaels. I am a mechanical engineer by profession, specializing in powerplant work. I worked as a machinist and engine erector, with time spent overseas. I have always had a love for machinery, and an appreciation for farming and farm machinery. I was born and raised in Brooklyn, New York. Not a place one would associate with farms or farm machinery. I credit my parents for instilling a lot of good values, a respect for learning, a knowledge of various skills and a little knowledge of farming in me, amo
... [Read Article]
Latest Ad:
1964 I-H 140 tractor with cultivators and sidedresser. Starts and runs good. Asking 2650. CALL RON AT 502-319-1952
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
