Door-knocking at “high noon”

June 14, 2012

  • 386 Trespass
  • 386III Criminal Responsibility
  • 386k79 k. Acts Constituting Criminal Trespass in General.

386 TrespassAbsent express orders from the person in possession against any possible trespass, there is no rule of private or public conduct which makes it illegal per se, or a condemned invasion of the person’s right of privacy, for anyone openly and peaceably, at high noon, to walk up the steps and knock on the front door of any man’s castle with the honest intent of asking questions of the occupant thereof-whether the questioner be a pollster, a salesman, or an officer of the law.
Com. v. Lopez, 911 N.E.2d 214 (Mass. App. Ct. 2009)
Suggested by Marianne M. Jennings, Emeritus Professor of Legal and Ethical Studies; W.P. Carey School of Business, Arizona State University; Mesa, AZ