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.

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Multiple Choice

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.

Notice can be provided by physical boundaries as well as posted warnings. When a property is clearly enclosed by walls and fences that indicate it is not open to unauthorized visitors, that physical barrier itself communicates the restriction, giving the officer constructive notice that entry isn’t allowed. Because of that clear indication of restricted access, a stop is justified even without posted signs, since there’s a reasonable belief that the person does not have permission to be on the property. Being adjacent to a public street doesn’t automatically grant entry or permission. Requiring signs would be a narrower rule that ignores how barriers convey notice in real-world settings. An owner’s complaint isn’t a prerequisite for a stop, since a law enforcement officer can act based on observed trespass and reasonable grounds.

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