THE LAW OF TRESPASS AND THE REQUIREMENTS OF PRIOR NOTICE

• YOU WAKE UP AND FIND A STRANGER IS SLEEPING ON YOUR DRIVEWAY BEHIND YOUR VEHICLE.  YOU DON’T KNOW IF HE IS ARMED OR WHAT MIGHT HAPPEN IF YOU WAKE HIM AND ASK HIM MOVE ON.

• YOU AWAKEN TO A STRANGER RANTING AND RAVING ON YOUR FRONT PORCH.  SHE APPEARS EITHER UNDER THE INFLUENCE OR PERHAPS IS UNDERGOING SOME TEMPORARY OR PERMANENT MENTAL CRISIS.  SHE APPEARS TO BE ALONE, IS AGGITATED, ACTING ERRATICALLY AND VERY LOUD. 

Too many similar scenarios are occurring in various Sacramento neighborhoods, and they have been occurring for quite a while.  While our neighborhood has remained relatively crime-reduced compared to other areas, it does not mean we will be forever immune to unknown persons encroaching on our private properties.

Many neighbors will reach out to the new City of Sacramento Department Community Response office at (311) so they may respond to determine what the stranger needs in the way of services (*).  Other neighbors will call law enforcement so that the incident is documented, and the ‘visitor’ understands he/she should not repeat their interference with the peaceful enjoyment of your property, a right recognized by law and for which you are entitled.  Some neighbors will request both sets of responders so that both assistance and a level of future prohibition take place.

Many homeowners will automatically assume that a trespass has been committed from that first incident.  They may not be aware that a previous Notice of Trespass is a legal prerequisite before a person is arrestable or citable for the crime of trespass.  (See Penal Code 602 sections as well as Sac. City Code 9.16.140 (**).

THE PREREQUISITE NOTICE

The prerequisite Notice of Trespass puts an offender on notice that he/she is prohibited from coming back onto your property.  The form requires the assistance of law enforcement for good reason.  Officers maintain safety between the parties, and have access to official data bases to verify identification and to determine the existence of outstanding warrants.  Officers always carry the forms in triplicate, since the procedure is commonplace in patrol work.  The forms are equally applicable to both residential and commercial properties and the procedure is the same.  Businesses in commercial corridors will sometimes use privately retained security guards to issue the notice simply because the guards are in closer proximity than law enforcement. This notice procedure is so common in patrol work that there are offenders who have been noticed off 20+ locations.

If you have asked for police response to your property for an uninvited person you should not hesitate to request that the officer facilitate the Notice of Trespass to the offender for you.  It is the best and only property protection you may have if the subject has not committed some other crime for which the police can exercise their powers of arrest.

THE FORM AND PROCEDURE

The Notice of Trespass will require:

• The date
• Location/address of the property;
• The name and DOB of the offender (will be obtained by the officer);
• The name of the occupier requestor (your name);
• The signature of the person requesting service of the notice (your signature);

The Notice of Trespass will include:

• Some text of trespass law, probably wording from SCC 9.16.140(B)(1);

The form will be in triplicate so that you, the subject and the officer are left with a copy.

The officer will explain the form to the offender and explain the risk of any further entry onto your property.  When issuance is complete, the information will be entered into a law enforcement database, usually KPF, or the Known Persons system. 

While the officer is present you may request that the officer take a photograph from your phone.  This can alleviate confusion upon a 2^nd incident if the subject denies his/her name or has no ID.  Officers will always have access to data bases and arrest photos if the subject is in the system, to assist identification initially and during any subsequent contact on your property.

The subject is citable and arrestable should he/she return to trespass on your protected property.  If calling the non-emergency number, the operator should be told that the subject has already been noticed for trespass previously.  This shows diligence on your part. 

Ultimately upon conviction of the trespass, the court will issue a Stay-Away order from the location.  Violations of any court order are viewed more seriously than the crime of trespass, and constitute a violation of a different Penal Code violation (PC 166) and/or a violation of probation.

(*) It is unclear what the current hours are for the Dept. Of Community Response but their original plan was to offer a 24- hour, 7 day a week program.

(**) Sacto. City Code 9.160.140 lists several exceptions that apply to the law of trespass.

[If you would like to see an example of the form, contact bagleyhg@yahoo.com.]