{"id":60150,"date":"2025-02-15T13:06:05","date_gmt":"2025-02-15T18:06:05","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60150"},"modified":"2025-02-15T13:06:05","modified_gmt":"2025-02-15T18:06:05","slug":"ca7-no-trespassing-sign-on-driveway-didnt-prevent-animal-control-officer-from-walking-up-driveway","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=60150","title":{"rendered":"CA7: No trespassing sign on driveway didn&#8217;t prevent animal control officer from walking up driveway"},"content":{"rendered":"\n<p>No trespassing sign at plaintiff\u2019s driveway didn\u2019t make the animal control officer\u2019s entry onto the driveway a Fourth Amendment violation. Also, \u201c[t]he argument that a land patent exempts Shaw&#8217;s property from the law is frivolous.\u201d Shaw v. Hall, 2025 U.S. App. LEXIS 3417 (7th Cir. Feb. 13, 2025):<\/p>\n\n\n\n<!--more-->\n\n\n\n<p>In any event, the placement and language of the signs would not have conveyed to a reasonable officer that he could not enter the property and approach the home. The signs were located away from the front of the home: One sign was placed along the driveway about 450 feet from the home&#8217;s entrance, and the other was placed 450 feet beyond that at the intersection of the driveway and the public road. And the signs merely warned that trespassing would result in a land-use fee and noted that the property was protected by a land patent. No reasonable officer would have understood these signs to revoke the implied license to proceed up the driveway and speak with the occupant of the home.<\/p>\n\n\n\n<p>Finally, Shaw renews his argument that post-1856 Supreme Court precedent related to the Fourth Amendment does not apply to him because the title to his property derives from a federal land patent. The argument that a land patent exempts Shaw&#8217;s property from the law is frivolous. See, e.g., United States v. Hilgeford, 7 F.3d 1340, 1342 (7th Cir. 1993) (argument that a litigant is a sovereign citizen not subject to jurisdiction of United States is frivolous); Van Zelst v. Comm&#8217;r, 100 F.3d 1259, 1261 (7th Cir. 1996) (land patent is &#8220;equivalent to fee simple ownership&#8221;).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>No trespassing sign at plaintiff\u2019s driveway didn\u2019t make the animal control officer\u2019s entry onto the driveway a Fourth Amendment violation. Also, \u201c[t]he argument that a land patent exempts Shaw&#8217;s property from the law is frivolous.\u201d Shaw v. Hall, 2025 U.S. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=60150\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[19],"tags":[],"class_list":["post-60150","post","type-post","status-publish","format-standard","hentry","category-curtilage"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60150","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=60150"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60150\/revisions"}],"predecessor-version":[{"id":60151,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60150\/revisions\/60151"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60150"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60150"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60150"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}