Police officer caught stealing pro-2nd Amendment sign from yard.

[Harshaw]

Caught: This NY Gun Owner Set Up a Camera After His Pro 2nd Amendment Sign Kept Getting Stolen

Exactly what the subject says.

 

[Josie]

Wow...

 

[ecofarm]

Even if the law did not allow for signs to be within 15 feet of the road, if the sign was on private property, as it is believed to have been, it would not permit an officer to simply take it. That is not the proper protocol.

Caught: This NY Gun Owner Set Up a Camera After His Pro 2nd Amendment Sign Kept Getting Stolen


I'll wait for more of the story.

 

[Harshaw]

Caught: This NY Gun Owner Set Up a Camera After His Pro 2nd Amendment Sign Kept Getting Stolen


I'll wait for more of the story.

No note? No communication? No indication of who's taking it? No way that would be procedure, especially how many times it was done. Any cop just enforcing a sign ordinance would knock on the door.

 

[MaggieD]

No note? No communication? No indication of who's taking it? No way that would be procedure, especially how many times it was done. Any cop just enforcing a sign ordinance would knock on the door.

If the sign is on public property, the coppers in our area will confiscate it in a New York Minute. And they wouldn't knock on the door.

 

[Harshaw]

If the sign is on public property, the coppers in our area will confiscate it in a New York Minute. And they wouldn't knock on the door.

It apparently wasn't.

 

[TurtleDude]

42 USC 1983-sue the officer individually for his deprivation of the owner's constitutional rights and sue the employing agency for under a theory of respondeat superior. By suing the cop individually, and his employer, there is a conflict of interest meaning the cop will have to hire private counsel

 

[blackjack50]

42 USC 1983-sue the officer individually for his deprivation of the owner's constitutional rights and sue the employing agency for under a theory of respondeat superior. By suing the cop individually, and his employer, there is a conflict of interest meaning the cop will have to hire private counsel

Damn. Are you a lawyer or something? Lol

 

[DiAnna]

I think it's pretty outrageous, frankly. True, the sign was within 15 feet of the roadway and technically the placement was illegal. However, it was on private property and the "protect and serve" thing to do is to inform the property owner that the sign must be moved, not to steal the damned signs!

 

[TurtleDude]

Damn. Are you a lawyer or something? Lol

One who has spent some time defending such actions at certain points of my career!

 

[Surtr]

Seems like there's something missing from the story. The article states that it's illegal to have a sign within 15 ft of the road there. If that's the case, then I'm not really seeing a problem here. He broke the law, which the police officer enforced.

 

[TurtleDude]

Seems like there's something missing from the story. The article states that it's illegal to have a sign within 15 ft of the road there. If that's the case, then I'm not really seeing a problem here. He broke the law, which the police officer enforced.

so if you put a deck on your home without the proper permits, a cop has the power to knock it down before the court rules there is a violation?

 

[Surtr]

so if you put a deck on your home without the proper permits, a cop has the power to knock it down before the court rules there is a violation?

A deck is significantly different than a sign.

 

[ecofarm]

so if you put a deck on your home without the proper permits, a cop has the power to knock it down before the court rules there is a violation?

If you put it on an easement.

 

[TurtleDude]

If you put it on an easement.

still would need a court order. cops don't have that power to go on to private property.

I say sue him and his department. its a violation

 

[ecofarm]

still would need a court order. cops don't have that power to go on to private property.

I say sue him and his department. its a violation

An easement is not exactly private property. Chances are, there is an easement parallel to the road and the sign was therefore not on private property.

 

[TurtleDude]

An easement is not exactly private property. Chances are, there is an easement parallel to the road and the sign was therefore not on private property.

we have an easement on our access to our property but when the city wanted to dig on that easement they had to get a signed consent form from us plus pay us some money. they couldn't start digging without notice etc

 

[MaggieD]

It apparently wasn't.

I'd put money on that. It was right next to the road. I know of no community where the property owner owns right up to the road. According to the article, there may have been an ordinance in place that forbids signs within 15 feet of the road regardless of ownership . . . not sure, but the article speculates:

Even if the law did not allow for signs to be within 15 feet of the road, if the sign was on private property, as it is believed to have been, it would not permit an officer to simply take it.

In our town, as an example, the owner's property stops where the public sidewalk begins -- leaving 15-20 feet of public property between the owner's property and the road. With sewers, etc., hard to believe a town would be any different. *shrug*

IOW, don't donate money quite yet.

 

[ecofarm]

we have an easement on our access to our property but when the city wanted to dig on that easement they had to get a signed consent form from us plus pay us some money. they couldn't start digging without notice etc

Construction on an easement is different than the removal of illegal items.

 

[TurtleDude]

Construction on an easement is different than the removal of illegal items.

yeah I know, and I know a cop cannot just go onto private property and take private property without a court order or a consent decree.

 

[johndylan1]

If the sign is on public property, the coppers in our area will confiscate it in a New York Minute. And they wouldn't knock on the door.

I believe the sign was in his yard.

 

[ecofarm]

yeah I know, and I know a cop cannot just go onto private property and take private property without a court order or a consent decree.

The city removes trash from easements without any such order. Aside from the easement/private property argument, what about violation of an HOA.

 

[TurtleDude]

The city removes trash from easements without any such order. Aside from the easement/private property argument, what about violation of an HOA.

Is that a fact in evidence? does a cop have the power to enforce what is essentially a private contract agreement