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Post by old3arrows on Oct 2, 2011 11:01:11 GMT -5
If I catch or see a trespasser on ground that I own, and I call a CO or local law enforcement, is it true that they have to be given a warning by law enforcement first, not just the landowner, before a citation can be written?
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Post by morrison on Oct 3, 2011 7:31:15 GMT -5
Unfortunately, the trepassing statute requires that a person had reasonable knowledge that he was not to be on the property he was on. This is typically the reason that people are advised that they should have their property posted with no trespassing signs. Officers will usually issue a warning the first time to have documentation showing that the person is not to be on the property. This is usually dictated from the prosecutor's office so that when charges are filed for trespassing, if the person is caught on the property again, it proves the 'knowing and intentional' parts of the burden of proof.
With that being said, each prosecutor is different in the way they deal with certain charges. This in turn will dictate, to a certain extent, how the officer approaches the situation. Although the officer is the one who issues the citation, the prosecutor has the final say on what charges, if any, will be filed. When making that decision, the prosecutor wants to know that he has a strong case for the charges being filed.
A landowner can work with an officer and the prosecutor's office to see what measures can be taken for the landowner to document the first encounter with the trespassers or what step the landowner can take to ensure that a reasonable person would know that he was not to be on the described property.
Let me know if you have more questions.
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