I said nothing about "tempting theft", I said "Constitutional if done properly," and that is already tested law.
Many states require a property owner to secure their private property ON their private property commonly identifying such property as an "attractive nuisance" and imposing fines and torts to force compliance.
Such actions have already been ruled Constitutional on appeal and have been enforced.
Defendants have been exonerated when they have performed reasonable actions to secure their private property, and penalized when they have not.
Many states require a property owner to secure their private property ON their private property commonly identifying such property as an “attractive nuisance” and imposing fines and torts to force compliance.
Yes, but I believe the fines take place after a nuisance is enacted. Police cannot enter your home or property without a search warrant and dream up any and all scenarios an “attractive nuisance” that may happen.