Originally Posted by
Rex G
For mere trespassing, or other low-level property crime, I would rather not push it, or escalate the situation. If “doesn’t comply” means that he just stands there, well, keep in mind that you are not defending anything, if he is not moving. You may well have the right, in your area, to forcibly eject him from the premises, with a reasonable level of force, and I will not tell you that you cannot exercise your rights, but just because one can do something, does not mean that one should do something. Plus, remember, he may not be alone. He may be the look-out for a whole team that you cannot see. Pick your battles carefully.
Again, I am not telling anyone that they should not exercise a right to defend property.
Some thoughts: If a trespasser/prowler fails to comply, by just standing there, he could be mentally ill. If a trespasser fails to comply, by just standing there, he may be acting as bait, to occupy your attention, while his accomplice moves to do harm. These things are not theoretical; these things happen.
Personally, well, I worked night-shift police patrol for almost 34 years, and one big reason I retired is because I aged-out of dealing with younger, more fit miscreants. I will probably not seek to physically engage someone committing a property crime, especially one who is koo-koo-loo-koo enough to just stand there. He may be ten times stronger, and on performance-enhancing chemicals. Even worse, a god, or demi-god, may have “told” him to act that way. I pay taxes; I will let the young bucks deal with it.
To be clear, this entire post is about mere trespassing/prowling. Again, I am not telling anyone that he/she/they should not exercise a right.
None of this is legal advice.
Of course, if the trespasser/prowler becomes violent, toward me or others, the equation changes. If he violently resists my local LEOs, I will go full warrior on him, with no PD policies to restrain me.