How do I get certain people (mainly law enforcement) to stop blocking my driveway and just sitting parked on my property for seems like hours while using their cell phones to make personal calls or coming on my property without probable cause and searching in my yard and flower bed upsetting the pumpkins and milletons that are growing there?
Real Estate Attorney
Attorney Milleton gave you an excellent answer. The police are difficult to challenge.
Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.
This isn't a real property issue, but a criminal law and civil rights problem. If the police are pursuing cases of alleged criminal activity, and if they believe that they have probable cause and have obtained a warrant to search your premises, then that warrant has particularities of the scope of search. If they believe the alleged felon is a flight risk, then blocking the driveway is standard practice. If however this is a repeated issue, where they're not searching YOUR property but that of a neighbor, and in the process blocking your driveway, perhaps a polite phone call to the Captain would suffice. Remember, you want them available when a crime is being perpetrated against you, so putting up with a bit of personal inconvenience should be a minor irritant. However, from your description it was your property that was being searched, so you need to consult with criminal defense attorney as to whether the scope of the search warrant was exceeded.
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