Safety for Children at a campground
I have been camping most of my life and never thought of anything other kids and fire safety and watching for cars. Well, I have been in a campground that does not allow seasonal stays. In fact they ...
Forum Discussion
John S. wrote:
Well it s private property. They can put a clause in the paperwork they make you sign when you register too. They only clse the gate off till law enforcement arrives to keep it sealed off.
Partly correct. As private citizen/private party, they are limited to 'requiring you to comply or else ask you to leave' Once they have asked you to leave, they have revoked your permission to be there. A refusal can be Trespass or Defiant Trespass.
That's it. Unless they have witnessed you committing a crime (specifically, a felony in many states), they cannot detain you or force you to do anything, including leave. They can call LEO who can make your leave, levy charges, or do an investigative contact.
Now. They can and IMHO *should* ask everyone to comply with a request to remain until the child is found or you are 'cleared' to go. Greater good kind of thing.
Just keep in mind, if a LEO searches your vehicle looking for a child and finds your stash of drugs, you are most certainly going to jail, even if that wasn't the purpose of a search. There is NO SUCH THING as a 'limited scope search' once you've given permission.
In practical terms, however, persons are seldom appropriately punished for violation of your 4th Amendment Rights. Sure, evidence is thrown out, charges dismissed, but very few punitive actions.
If a LEO wanted to find a child, knowingly violated your 4A rights, (you STILL MUST COMPLY with his orders, even if you object), he may still search, knowing he can't use anything he finds as evidence against you. That's not his purpose, so he doesn't care. A slimy twisting of the rules, but that's reality every day.
For the purists: True, technically you are required to comply with 'lawful orders' not unlawful ones. But you will likely be charged with resisting, tasered, beaten, shot, jailed, who knows what else before you *may* be allowed to return to your normal life. The exceptions are things like, "He told me to shoot that homeless guy."
This is not legal advice, simply observations ;)
