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Q: Trespassing violation ( No Answer,   1 Comment )
Question  
Subject: Trespassing violation
Category: Relationships and Society > Law
Asked by: drsam2007-ga
List Price: $15.00
Posted: 02 Jun 2004 21:05 PDT
Expires: 02 Jul 2004 21:05 PDT
Question ID: 355692
Trespassing violation 
I live in Florida and I own an Amphibious Vehicle, this machine drives
like a four wheeler on land and rides like a boat in the water.  I go
out on my Sunday drive with the kids driving out/in through parts of
the Florida Everglades crossing over Levy's, Cannels, and the Glades.

So one day I am stopped by the Fish and Wild Life commission , which I
come to find out was hired by the South Florida Water management
district to stop the ATV's and four wheelers from riding in certain
areas.  The officer tells me I am trespassing on this Levy, didn't I
see the sign.

No, I never saw a sign as I don't come in the traditional ways the
four wheels do.  Actually I get to the Levy by going down the cannels
and up the banks not the road access points.
There are no signs anywhere a long the cannels that say you are trespassing.  

What is also confusing is, the water management canals often have
public access boat ramps.
At least I think there for public access, the boat ramps there have no
signs and they are accessible from the road without barriers.

Mean while, when I am stopped there, several four wheelers go zipping
by, The officer explains that they have to stop these kids doing 80
mph on the Levy's.  I can only go 29 flat out and when he stopped me I
was doing 10 mph.  My point is, the officers don't really bother
chasing the Four wheelers because they will just run away.

My questions are: 
Am I trespassing?
Do I have a defense?
If possible please site any case law, if not don't worry about it.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Trespassing violation
From: neilzero-ga on 02 Jun 2004 22:19 PDT
 
If you look into the enviornmental movement, you will learn that some
of these people are fanatic about the distuction of a single bug or
blade of grass. Your vehicle and the 4 wheelers you mentioned are
doing significant enviornmental damage. Politions and law enforcement
are caught in the middle, and would prefer the problems went away
without pain. The officer who stopped you likely hopes to survive
until retirement age and chasing kids at 80 miles per hour on a level
is a good way to get killed and kill some juviniles, which could
easily result in the officer's unemployment. You were an easy and safe
catch. Try to look at the problems from other people's point of veiw.
You should probably sell your vehicle and take up commenting on
questions people ask on google answers or something less
contriversial.   Neil

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