Quote:
Originally Posted by Pleasurepays
you said the "park" in your example was private property. thats where it ends. its private property. the owner doesn't need to take any steps at all to warn people that its private property... you trespass, you're in the wrong. end of story.
whether or not he could take extra steps to prevent trespassing is irrelevant. the fact that he doesn't, does not make it ok to trespass on his land.
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Your absolutely correct in your point....
But will you please try to understand mine its diferrent than yours...
my point is that even though your trespassing your not aware of it...
I dont think anybody would be since the owner didn't take the extra optional steps to make others aware of it...
It doesn't make it right but should you go to jail / get arrested for it???, I don't think so...
There's no expectation of privacy and or no expectation that people will stay off it... if no notice of any kind is given in such an area...
Although I consider assumptions to be ignorrant, in this day & age people simply just assume and expect that public areas are free for all...
so if the owner doesn't take those extra optional steps (which he doesn't have to) than how could he expect others to know what his expectations are...
After all everyones terms are diferrent...
and some people / communities do put up parks and public AREAS for others to use free...
Example: 2 diferrent parks one public one private both identical in every way with no notices of any kind on eighter...
U walk thru both can you tell which one U trespassed on???
The minute you'd make a judge aware of that situation and the fact that no notice of any kind was given a judge most likely will throw it out of court...
and would consider it nonsense for the owner of said property to even have U arrested, since theres no way for U to have known what the owners expectations where...
Same applies for public WiFi connections since its considered a public area (Not Physical area but still public area non the less)
I should know, since I just asked a relative of mine who's a judge in the state of NJ