Tresspassing on private property to fish - Page 3 - Colorado Fishing Forum

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Old 09-22-2006, 08:41 AM   #21 (permalink)
laker taker
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Default Re: Tresspassing on private property to fish

I work in the railroad industry.

Up until recently people would use railroad property with absolutely no problems. But my friend, like anything, things change. Department of Homeland Security has been bombarding the railroads to remain vigilint of any possible threats. Now the train crews are under direct instruction to report ALL trespassers on railroad property, including obvious non-threats such as photographers and the like. In fact, the train crews can be disciplined for failing to report tresspassers (which is where I get involved).

Sorry, to tell you this but it's no BS. Just for your info, use it as you wish.
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Old 09-22-2006, 09:40 AM   #22 (permalink)
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Default Re: Tresspassing on private property to fish

LT never thought you where Bull Shi$$ing just haven't had bad experiences with RR. But I'm sure your right about times changing and who knows how much longer the RR will remain layed back out in pheasant country.
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Old 09-22-2006, 10:29 PM   #23 (permalink)
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Default Re: Tresspassing on private property to fish

Quote:
Originally Posted by Mr. Ed
Quote:
Originally Posted by Dan
"Make My Day" only applies when someone is intruding or has intruded in your home. The law does not apply if someone is on your property. i.e. you can't shoot someone because they are trespassing on your property even if you feel "threatened" unless there is some sort of tangible threat
Dan, suspicion of criminal intent is all that is needed. If you live on the property, or if it is your place of business, you are covered under the law (the key is the reference to 18-1-704)....some reading that may change your perspective...

A copy of the law...
http://www.co.jefferson.co.us/jeffco...d_statutes.htm

Newspaper articles...
http://www.gazette.com/display.php?id=1313093&secid=1
http://query.nytimes.com/gst/fullpag...659C8B63&fta=y
http://www.vaildaily.com/article/200...=7324839073168

Either way, I don't want to be on the bad end of that argument. I see no reason not to respect private property rights.
Thanks for the links to the statute.* I admit my terminology was not the best when I used the phrase "tangible threat".* I was over simplifying.* by the same token stating "suspicion of criminal intent" is also an over simplification, there is more to it than that.*

What I should have said is it takes more than suspicion to act on this statute and that a person needs to "reasonably believe", and other the elements required to trigger protection under the statute are present.* Some folks believe that just because someone is on their property the can just shoot them undder this statute.* I was trying to make the point that it takes more than just trespassing and suspicion.* Suspicion abounds, but suspicion and "reasonably believe" are not always the same.*

Also the statute is clear that you can defend yourself or another person,* As stated in 18-1-704.* But there are limitations that must be met before you are covered under the statute.*

Section 18-1-704.5 Refers to the unlawful entry into a dwelling.* Even though a dwelling is not defined here I feel it is safe to say a dwelling is someone's home. A place of business is not addressed in this statute* and therefore unless it would be someones dwelling in addition to being a business it would be covered.* Even then provisions are present that are intended to prevent folks from just shooting up anyone who enters their home. Once again trespassing does not give a "get out of Jail free card" to anyone shooting someone on there property, it is more complicated than that.*

Any one who takes action based on this statute is not automatically granted immunity from prosecution.* The case will be investigated and reviewed to see if all the criteria for immunity were met.* Then it will be up to prosecutors or judges or juries or other courts to decide if you acted appropriately and within the confines of the statute.

And I agree being caught on either side of that argument is the bad side.* And we all need to respect property rights.

Dan
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Old 09-23-2006, 02:08 PM   #24 (permalink)
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Default Re: Tresspassing on private property to fish

Hmmm... leave it to homeland security to protect us i think the terrorist would prefer there were no armed hunters or fisherman and not photograpers to witness any of there doings near railroads
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Old 09-23-2006, 02:23 PM   #25 (permalink)
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Default Re: Tresspassing on private property to fish

Quote:
Hmmm... leave it to homeland security to protect us i think the terrorist would prefer there were no armed hunters or fisherman and not photograpers to witness any of there doings near railroads
LOL!! Good Point.
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Old 09-23-2006, 02:48 PM   #26 (permalink)
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Default Re: Tresspassing on private property to fish

so if anyone stops you and questions you all you have to say is you are patroling the right of way for homeland security.
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