Posted by Bret4207 on March 14, 2008 at 16:40:53 from (207.42.20.130):
In Reply to: Disappearing posts posted by Billy NY on March 14, 2008 at 13:48:01:
Well Billy, email and PM aren't available here. Put simply the premises is your house. Pushing it beyond that gets hazy. On the use of force to effect and arrest- you have to be legal in the making the citizens arrest in the first place. As for the law being open to interpretation- yup. Thats intentional I think. Each case is an individual. Applying a black and white rules would not allow for any lee way. The first time offense might not warrant the same treatment as the 3 rd time offender. There has to be a certain amount of flexibility built into a law, just as the wording in a law often makes something a crime only under certain conditions. Words like "intent", "knowingly" and "recklessly" become very important and often mean the difference between a mistake and a crime.
As for the repeat offender trespassing a court can hold the person in Contempt in NYS if the guilty party fails to follow the Courts instructions, ie- an Order of Protection type situation. That bumps the Violation up into the misdemeanor area and gets some real penalties.
I know this is frustrating. I have over 340 acres and have druggies growing on me occasionally, poachers, trespassers (dang snowmobilers!), etc. Regardless of my job there is no way I can advocate breaking the law to enforce the law. And I can recommend anyone else do the same. Play it safe and sane is the best advice.
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