Law still holds true: Thou shalt not trespass

By Dan Jennings

Wednesday, Feb. 11, 2009 | 1:36 p.m.

A reader recently wrote me and asked, "Will the Boulder City police respond to a trespassing call if there is no sign posted? Is this the case for both business and residential?"

Yes, the police will respond to a complaint of trespassing, regardless if a sign is posted. If the owner of a business or a homeowner (or tenant) wishes to have someone trespassed, an officer will have the citizen sign a trespass warning letter. The officer will then serve the letter on the adverse person. If the person returns to the business or residence after the notice is served, the offender can be arrested for trespass.

This does not apply if someone gets angry with a roommate and wants that roommate trespassed from the residence. An eviction, which is a civil action, is needed to remove someone from an established residence.

The Nevada Revised Statue (NRS 207.200) also allows for an arrest if the trespasser "goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act." Normally, an arrest is not made because the intent is difficult to prove in court. If an offender is "vexing" or "annoying" we usually arrest for disturbing the peace.

If someone enters a yard enclosed by a fence, or an area that has been sufficiently posted for "no trespassing," the offender is subject to arrest.

Finally, trespassing is a misdemeanor offense. With few exceptions (such as domestic violence) a peace officer may not arrest an offender for a misdemeanor unless the officer witnessed the crime. However, a citizen has the right to perform a "citizen's arrest" and we will assist with this procedure. Most of the time, we ask the complainant to sign a citation which summons the offender into municipal court.

January 29 — Destruction of School Property

Officer Grasso arrests a 17-year-old male for destruction of school property. The subject is issued a citation and released to his parents after agreeing to appear in juvenile court.

January 30 — Narcotics Offenses

Officers from the Graves II squad respond to a report of a suspicious vehicle parked on the street of a residential area at 4 a.m. Officers make contact with the four occupants of the vehicle. After a field investigation, Officer Wilkin arrests a 37-year-old man for possession of methamphetamine and other narcotics offenses.

January 31 — Drunken Driver

Officer Nutzman stops a traffic violator on U.S. 95 at noon. A 40-year-old man is subsequently arrested for DUI-alcohol and taken to the Henderson Detention Center.

February 1 — Arson

While on patrol in Veterans Memorial Park, Officer Salazar observes a fire inside a garbage can near the Splash Park restrooms. Officer Wilkin responds and douses the fire with his fire extinguisher. Officer Salazar subsequently learns the identity of the offenders and arrests a 16-year-old boy for arson.

February 2 — Wanted Person

Officer Healing stops a traffic violator in a residential area at 2 p.m. The 34-year-old driver from Arizona has Metro warrants for his arrest. Officer Healing has one in custody en route to a Metro officer.

February 3 — Driving Without a Valid Driver's License

Officer Barth stops a vehicle for an equipment violation in the Industrial area at 2 a.m. The 27-year old driver is arrested for driving without a driver's license.

February 4 — Domestic Disturbance

Officers from the Graves II squad respond to a domestic disturbance at a residence at 11:30 p.m. Their investigation determines that a battery did not occur but an incident report is taken.

Weekly Stats

Incident Reports — 47

Traffic Stops — 205

Citations — 158

Adult Arrests — 21

Juvenile Arrests — 1

Animal Control calls — 58

Boulder City Police Sgt. Dan Jennings can be reached at [email protected].