Under the trespass statute, a stop can be justified even without posted signs if the property is enclosed by walls and fences that indicate it is not open to unauthorized visitors.

Under the trespass statute, a stop can be justified even without posted signs if the property is enclosed by walls and fences that indicate it is not open to unauthorized visitors.

• A. The property is adjacent to a public street
• B. There must be posted signs warning trespassers
• C. The owner must file a complaint with police
• D. The property is enclosed by walls and fences that give notice

Answer: (D)

Notice to trespassers can come from physical barriers that clearly mark private property. When property is enclosed by walls and fences that unmistakably indicate it is not open to unauthorized visitors, a stop based on trespass is justified even without posted signs. The enclosure itself provides the necessary notice that entry is not allowed, so no signs are required for the stop to be reasonable. Being adjacent to a public street does not convey permission to enter, and there’s no need for a complaint to be filed for the stop to be justified.

Notice to trespassers can come from physical barriers that clearly mark private property. When property is enclosed by walls and fences that unmistakably indicate it is not open to unauthorized visitors, a stop based on trespass is justified even without posted signs. The enclosure itself provides the necessary notice that entry is not allowed, so no signs are required for the stop to be reasonable. Being adjacent to a public street does not convey permission to enter, and there’s no need for a complaint to be filed for the stop to be justified.