NY Cop repeatedly destroys pro-2A sign on private property

[krucam]

27 pages and counting from the individual at the center of this discussion at NYFirearms.com. His username is 'thecelt'.

http://www.nyfirearms.com/forums/laws-politics/60634-so-remember-my-repeal-safe-act-sign-issue.html

 

[buzzsaw]

What if the sign owner WAS THE COP!?!?!?!?!?!

 

[Zibner]

You know how police officers don't like there picture taken.

 

[annihilation-time]

Only military and police should have pro-2A signs.

 

[Kiev88cm]

" the police are or friends....the rank and file are with us..."

 

[StantonCree]

" the police are or friends....the rank and file are with us..."

Read the article I posted on page 2

 

[annihilation-time]

I do seriously doubt a cop would go on this guys property and steal signs without having the law on his side.

 

[PapiBarcelona]

Commercial signs on public property versus private signs on private property.

On public property you need to get approval which usually involves the transfer of green stuff from you to the "public interest" in return for a chit that gives you permission.

I don't know man, I don't live in a neighborhood, or a HOA, but I live along a "road"

I don't think people who walk up and down the shoulder of the road are considered trespassing.

The Baltimore sun article quoted road right of way, regardless of who owns it.

Whatever, I've noticed more and more signs placed more inward on property versus "along side of the road" within the past few years around here.

I guess my bottom line is that If I was to advertise a sign on my property, I wouldn't do it right next to the road

 

[Hit and Run]

Press charges like you would anyone else? Destruction of property and trespassing correct? Seems to be pretty well off in the evidence department.

This

 

[LONGSHOT]

put wire mesh down cover with grass and then hook it up to 110 volts.

 

[HT4]

IMHO, knowing what I know now (leaving open the possibility that I don't understand the cop's actions), there is little room for the officer to hide behind his law enforcement duties.

First, the officer broke the sign and took it with him. The proper course of action for a LEO is to write a ticket or issue a summons for a violation, not to damage and steal private property. Absent an accompanying citation for a violation of the law, this is difficult to distinguish from theft.

Second, the easement argument is crap for the reason stated by Montoya32.

Third, the "no sign" law in in Somers, if that is what the officer was "enforcing," is patently unenforceable... and by "patently," I mean there is no good faith argument that it's constitutional. Somers, NY appears to ban pretty much all yard signs with a couple limited exceptions... been that way since the 50's. http://ecode360.com/11115801 However, these ordinances have been widely known to be unconstiutional since at least the 1994 unanimous U.S. Supreme Court decision in City of Ladue v. Gilleo... there, the Court struck down a Missouri city law prohibiting signs at private residences. In that case, Gilleo was cited for her 24-by-36-inch sign on her front lawn with the words, “Say No to War in the Persian Gulf, Call Congress Now” and an 8 ½-by-11-inch sign in the second-story window of her home that read, “For Peace in the Gulf.”

Some here may recall that this Supreme Court case played a key role in the 1999 smack down of PG County in federal court over a statute banning political signs except for 45 days before an election.

 

[TxAggie]

I'm as pissed about this as anyone, but I have to admit that by looking at the picture, the sign is probably on the right-of-way and not on the man's property.

Solution: bigger sign set more off the road.

 

[SilverBulletZ06]

I'm as pissed about this as anyone, but I have to admit that by looking at the picture, the sign is probably on the right-of-way and not on the man's property.

Solution: bigger sign set more off the road.

Celt posted the laws regarding signage, he was within the law.

 

[wilcam47]

He should put the sign back up with a picture of the cop attached to it and then he would get a picture of the cop looking at a picture of the cop tearing up his sign.

Id make a big sign out of a sheet of plywood...clear out the brush and put it in the yard..OFF this so called easement...then put up the game cam on it...

 

[Kman]

I'm as pissed about this as anyone, but I have to admit that by looking at the picture, the sign is probably on the right-of-way and not on the man's property.

Solution: bigger sign set more off the road.

Or a bigger sign in the same spot to be used to hide patrol car for speed trap.

 

[firefighter_21701]

typical gun grabbing liberals. SMH. whats next for this guy to do start raiding homes

 

[yellowfin]

Notice this is the infamous Westchester County that was unsuccessfully sued for violating 2A rights and has the 2nd Circuit in its back pocket.