IANAL, but I don’t believe so. Most/all states have laws that allow people to access your property to come to your front door/porch, I forget the exact name, unless your property is fenced with clearly visible “private property/no trespassing” type signs.
However, once you’ve asked them to leave, they have to leave or they can be arrested/escorted away for trespassing should they refuse to and police become involved. In your example, if they were to come back after being asked to leave, I believe yes, but you couldn’t arrest them, the police would have to.
Modern_medicine_isnt@lemmy.world 3 months ago
In that last case, where you have asked them to leave and not come back… but they do. There is a thing called a citizen’s arrest. Allowing nonpolice to make an arrest and detain a person. But what the law says and what you can do is often not the same. I just imagined haveing your doorbell record you saying to never come back, then slapping handcuffs on them if they do. Kinda sounds like fun.
BlitzoTheOisSilent@lemmy.world 3 months ago
Could be, but personally, I wouldn’t recommend it. While there are citizen’s arrest laws and I’m sure they’ve been used, I can’t think of any examples off the top of my head, and it appears each state has different standards that need to be met to constitute a “citizen’s arrest,” with some states not allowing/defining it.
Personally, my concern with attempting a citizen’s arrest would be doing so without meeting my state’s/country’s standard to do so. My state’s statute explicitly states it is a crime to illegally restrain someone against their will, and even states that doing so is skirting the line of kidnapping.
Having a kidnapping charge thrown at me doesn’t seem worth it for a jackass who doesn’t want to leave my property but isn’t doing anything else (like attempting to harm me or damage my property). I’d play it safe and just let the police handle it, their qualified immunity will let them do whatever they want and face no consequences anyway.
But again, IANAL, and YMMV, so do with all this as you will.
Modern_medicine_isnt@lemmy.world 3 months ago
Yeah, wouldn’t be me. I have kids and no time for the disuption. I also don’t live in an area where I would have to worry about such things. But I would love to see someone who does test it. Might put a damper on these people.