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.
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.
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
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?
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.
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.
It apparently wasn't.
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.
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.
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.
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.
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