{"id":6477,"date":"2012-05-01T09:24:20","date_gmt":"2011-12-30T00:01:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-12-29T20:16:49","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6477","title":{"rendered":"ND: \u201cNo trespassing\u201d sign on a farmstead is not enough to create REP"},"content":{"rendered":"

A \u201cno trespassing\u201d sign on a farmstead is not enough to create a reasonable expectation of privacy from an entrance to the property as any member of the public would. State v. Mittleider<\/a>, 2011 ND 242, 809 N.W.2d 303 (2011):<\/p>\n

[*P17] We have recognized that a \u201cno trespassing\u201d sign posted on a structure, particularly a residence, indicates a reasonable expectation of privacy. See Kochel, 2008 ND 28, \u00b6 9, 744 N.W.2d 771. In Kochel, the defendant had a \u201cno hunting or trespassing\u201d sign posted on the steps outside his mobile home addition. Id. We noted \u201c[a]ny uncertainty that the addition is an integral part of the home where privacy is reasonably expected is removed by the presence of the sign.\u201d Id. (emphasis added). The \u201cno trespassing\u201d sign in Kochel is distinguishable from the \u201cno trespassing\u201d signs at issue here. In Kochel, the defendant posted a \u201cno trespassing\u201d sign on the steps immediately outside of a fully enclosed addition to his mobile home. Id. Here, the Mittleiders posted \u201cno trespassing\u201d signs around their farmstead, and it is unclear from the record how closely the signs were posted to the entrance. The district court noted any member of the public would have entered the farmstead in the same manner the officers did, and there was no evidence \u201cthat there was a \u2018no trespass\u2019 sign mounted on a post or immediately to the edge of the road[.]\u201d We decline to adopt the Mittleiders\u2019 broad argument that, on rural property in North Dakota, an individual\u2019s expectation of privacy \u201cenvelopes much of the land.\u201d We hold the \u201cno trespassing\u201d signs posted around the Mittleiders\u2019 farmstead did not create a reasonable expectation of privacy in the entrance of the farmstead. Because a reasonable expectation of privacy was not invaded, art. I,\u00a7 8 of the North Dakota Constitution is not implicated and we need not determine if it provides broader protection than its federal counterpart. Rydberg, 519 N.W.2d at 310.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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