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Re: [TowerTalk] Fwd: Fwd: anti-climb, litigation, attractive

To: towertalk@contesting.com
Subject: Re: [TowerTalk] Fwd: Fwd: anti-climb, litigation, attractive
From: "Roger (K8RI) on TT" <K8RI-on-TowerTalk@tm.net>
Date: Tue, 14 Feb 2017 18:48:33 -0500
List-post: <towertalk@contesting.com">mailto:towertalk@contesting.com>
Yup, all they need is a suspicion and a judge to sign the search warrant. It's called Property Forfeiture and the upshot is the target doesn't need to be convicted, or even charged.

Last week I was reading about the Saginaw County (MI) got the judge to sign a search warrant for a home in another county. Google is your friend: They can confiscate your property, sell it, and keep the money!
There has been a lot of abuse of that ability.

Here's one instance where the sheriff may have overstepped ...
 
http://www.mlive.com/news/saginaw/index.ssf/2016/08/sheriff_federspiel_facing_fede.html

As to the attractive nuisance: The court might let you off even if someone's kid gets hurt, or worse. However, you can sue for almost anything, unless the suit is found frivolous. Your neighbor can sue you for ruining his veiw with that monstrous antenna and that has happened.

73  Roger (K8RI)

On 2/14/2017 10:20 AM, Hans Hammarquist via TowerTalk wrote:
Where did this come from? Do they have the same right to enter my house and 
empty my liquor supply?

Hans - N2JFS

-----Original Message-----
From: W4AAW Mike Lonneke via TowerTalk <towertalk@contesting.com>
To: Hans Hammarquist via TowerTalk <towertalk@contesting.com>
Sent: Sat, Feb 11, 2017 7:12 am
Subject: Re: [TowerTalk] Fwd: anti-climb, litigation, attractive



No matter what you do, Judge Robarts will rule that the illegal climber has a 
Constitutional right to trespass and climb your tower.

He will be upheld by the 9th Circuit Court of Appeals. You don't have the 
authority to keep trespassers from climbing your tower and, you have not cited 
any examples that show that people who did not climb were not injured!

HI
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--

73

Roger (K8RI)


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