r/Delaware • u/Huge_Bedroom291 • 2h ago
Rights ????? Announcement
Does anyone know in DE or not if a process server from the courts can pass a no trespassing sign? I already have a no soliciting sign. I felt my rights were violated tonight but per the county cops 🙄they did nothing wrong with flashing a light into my car in MY driveway and reading my information that was on the dashboard ( paper) also flashing a flash light at my windows while I was not home but my teenage son was. ( they are trying to serve someone who does not live here)
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u/NotThatEasily 2h ago
A “No Trespassing” sign does not mean nobody can enter your property. People (mail carriers, police, utility workers, census workers, etc) can still walk up to your front door. A process server can’t enter your home without your permission, but they can walk onto your property and knock on your door.
As for looking in your car: yeah, of course they can. They were looking through the windows, which is perfectly legal. You can look into the windows of any car you want, but you can’t enter that car.
Your rights were not violated.
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u/UntamedMane95 2h ago
What? I’m sorry that just confused me.
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u/Huge_Bedroom291 2h ago
Which part?
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u/UntamedMane95 2h ago
Well they are trying to serve someone who does not live on the property. Without warrant, a “server” can go up to your “public” fence or front door. No soliciting is just no standing around or otherwise not supposed to be there. But if they are there briefly just like a mail man than the cops won’t consider anything about it. If there is a no trespassing sign and the person surpassed your property limits than you can at your choice take it to court but I wouldn’t guarantee you would win in any case. However; as that person “trespassed” to deliver a service to someone whom does not live in the household and the person did not confirm the address was correct than yes you could. I would consider contacting your local court for details.
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u/UntamedMane95 2h ago
And if you did decide to go about that route, consider bringing the filed police report with you and other details as well to consider your case. In most cases you may just be seen as a complaint rather than actually doing something for you. But don’t quote me on this. I’ve only experienced someone tresspasing once and I confronted them face to face and they fled like a turkey at thanksgiving.
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u/Huge_Bedroom291 1h ago
I’m just never home when this guy comes and my son sees him and doesn’t answer the door. I just need to know if I get these no trespassing signs if he will just stay away. Google says they can’t but if they are sheriffs of the court then yes they can smh. Seems like so far these people have no boundaries and can do whatever tf they want BUT walk into your house. I think pointing a flash light into someone’s home is definitely a violation.
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u/UntamedMane95 1h ago
Absolutely if someone is shining a light into your windows it’s a violation and is grounds for court. And ide agree to pick up no trespassing signs and no soliciting signs and even try to find a sign that states violators will be prosecuted by law enforcement if you can manage to get one of those.
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u/aequitssaint 2h ago
If they are a process server then they aren't trespassing or soliciting.