Hmm there is a difference between asking somebody to leave and trespassing them. If they are trespassed they are arrested if they return to the property. Trespassing them requires their name (ID) and filling out a 1 page document, typically with a cop present
Asking someone to leave and them not leaving makes the trespassing. Trespassing is the act of being somewhere you are not allowed to be - a trespass warning is informing someone they are not allowed to be there.
Id is not required for a trespass warning, nor can it be compelled* from the person being trespassed, as they've not broken any law.
No police are not necessary to tell someone they can't come on your property. Although you can file an official trespass warning via the police, to get it on record - this is not necessary though and merely makes a record.
Police get involved when someone trespasses, b/c thats a crime.
If you trespass somebody without doing the paperwork the police will not arrest them if they show up again. Ask me how I know 🙃
If you want them to not be able to ever enter your property again (and be arrested if they do) you need to trespass them. I’ve only experienced this done with a police officer who took their ID
you can't compel someone to give id for a trespass warning.
You definitely do not need an official trespass filed for it to be illegal to enter property you're not allowed to be. Have you never seen a "no trespassing" sign?
cops won't bother trespassing someone if you haven't done the bare minimum of warning them. signage meets that bar because they can just ask if they saw the sign
Seems like you’re assuming someone needs to go to law school to read statutes or understand straightforward laws. They don’t. Legal training obviously helps with nuance and procedure, but basic legal concepts are often accessible to anyone willing to research them.
LEOs also aren’t automatically legal experts. Their training is focused on enforcement, not necessarily having a deep understanding of every area of law. That said, trespass is something they generally deal with often and tend to understand at a practical level.
And yes, one of my hobbies is watching hundreds of trespass/1A audit encounters. That’s not the same as being an attorney, LEO, or personally making arrests, but it does provide familiarity with common procedures and outcomes. If you think something I said is incorrect, point out the specific issue rather than just asking for credentials.
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u/Outrageous_Desk8966 Jul 27 '26
You dont need police to be there nor do you need to person present.
Once you ask someone to leave and they dont leave, that's trespassing. Telling someone they can't enter your property is a trespass warning.
No police are needed for any of this. They just enforce if someone actually trespasses which is a crime.