Home trespassing Laws

[Maui Jim]

Home trespassing Laws:

I keep getting trespassers jumping my fence and walking on property. (12 acres) fully fenced
Have both active cameras and ton's of signs stating no trespassing.

So my question to all you cops/lawyers, can I pin these ass holes down and wait for the cops after calling 911 for help?

I would consider this a citizen's arrest.
I'm tempted to get a pair of S&W Handcuffs and even pepper spray.

What I'd like to do is open a can of whoop ass on them for the emotion stress and my lose of privacy in having to look over my shoulder more often when I should be relaxing without this fear.

What are my rights in a fenced enclosed area that they dam well know they aren’t supposed to be on?
I just want to toss them physically off the property when these arrogant shits come over the fence.

[Mr. Heel Hook]

Hmm, I am not a cop, but I remember reading something a few days ago about citizens arrest. Basicaly, if you use too much force, you can be charcged with assult.


Go figure, huh...

[Maui Jim]

How much is too much? can I sit on the bastards?
Can I handcuff them to a pole till the donut boys get there?

[Mr. Heel Hook]

I would say no, but like I said, I am not a cop.

[platinum_angel]

go up to them and tell them to get out and not come in again. and tell them this is private property. if they decline and move closer to you spray them with pepper spray and then call the police. they should get the idea by then.

i wouldn't think thats against the law

[RebelFury]

Do what Platinum Angel said, but when you do approach them, be sure to take note of what they look like and any other detail you can get, as they would probably not hang around after being shot in the face with some pepper spray..

[BB Wolf]

The laws vary from place to place. I'd keep the pepper spray with you if you aproach them, just in case the situation gets ugly. A cell phone to call the police would be a good idea as well. I don't know if spraying them or any other "violent act" would be permitted for them merely trespassing, without some sort of provocation on their part. I'd talk to the local PD or DA's office. They will be the one's handling things if the law gets involved. It also might look good if there is a record of you contacting the police about it, in case something does go down and you end up in court. It shows you were trying to take care of it through the "proper channels"

[cakegirl]

The answers to your questions depend on where you live, as the laws are different in every country, as well as between states in, for example the USA or Australia.

In many places, pepper spray is illegal.

In many places, you need a licence or permit to have handcuffs.

In other places, there are very loose interpretations of 'self-defence', and physically defending your property is acceptable, no matter how far you go.

So look for information in your particular country/state. A good place to check would be with the police or legal aid, but you might get what you want if you can find a firm that trains security guards - they are usually very aware of how far it is legally acceptable to go in the defence of personal property.

Cakegirl

[Maui Jim]

The issue is consequence of retaliating by coming back with more.
So peace is first but fist may have to be raised.
Trespassers have more rights than me and can sue.
And when you live on an island is can speed up the finding the other guy.
I trained to be a cop and backed out knowing I could make more money a safer way. (for me)
Cops are taught to escalate to the subject and not the other way unless a run and catch thing accurse, then you can initiate a submission to your liking "German Shepard I want my teeth to meet wooping". ( lol) but sometime
Tricky to know the art to begin an attack or not, very fast.
Seems 86% of your wins will be early on time delivery to the friendly skies.
Maui Jim

[Maui Jim]

I do live in security and we have cameras. I carry a camera all the time, keep a cell phone with me and have called the PD.
They say to call them after telling to leave.
So far they can't wait to go back the same painful way they came in where ever they climbed over and they have always left knowing I just called 911.
But sadly it takes PD up to 20 min the last time to get here and they booked.
I sometime follow them from a distance for an ID and flag a PD Car to the house.
Its 12 acres so it covers a lot of space.
Point being IN THE MEAN TIME what are my rights if attacked, can I go too far in submitting them on my own property.
(in the house, yes much different)
When someone violates your space like this, it changes your home for a long time, this is what locks my jaws the most.
Fast very fast

[Toudiyama[NL]]

I would say change the fence so it will be near to impossible to climb it or at least slow them down when trying to escape
On top of that, use the camera's, and give that as prove to the police, so they can still get these guys for trespassing

[Maui Jim]

We have a thorn bush tree the missionary brought here to make the Hawaii people wear shoes and closing called Kiawe.
Looks like an Jesus type thorn wreath.
It has been one of the best deterrents.
I stuff it into fence top and lay it around the area they might use to jump the fence.
I'll see just what might be my rights according to Hawaii Law.

[Maui Jim]

HAWAII
Hawaii has no trespass regulations or laws specifically targeted to railroad property or equipment.
But state law does make it a criminal trespass in the second degree if anyone shall enter or remain
unlawfully in or upon premises that are enclosed in a manner designed to exclude intruders or are fences.
Haw. Rev. Code 708-814 (1999)

[cakegirl]

Originally posted by Maui Jim
Point being IN THE MEAN TIME what are my rights if attacked, can I go too far in submitting them on my own property.

If you are attacked personally, I imagine your law would be like (I think) everywhere else, that you have the right to defend yourself, so you do whatever you need to in order to stop the attack.

e.g. if a guy pulls a knife on you and you shoot him to stop him from stabbing you to death, that is defensible in court.

if a guy says "I'm going to bash you" from the other side of your fence, then you go inside and get a baseball bat, then come outside again, go through your gate, walk up to the guy and bash him unconscious, that is not defensible. (Your level of violence was WAY more than his.)

Cakegirl

[Maui Jim]

This seems fair, if I was to handcuff them in side the property line would this be OK or considered kidnapping?
Can I have a pair of handcuffs and make a citizen arrest?