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Discussion Starter · #1 ·
Coming from the view point of a property owner/manager, how can you enforce no trespassing notices. I have have signs up. However I have been told that you must have notified the person(s) directly. I then created a trespassing warning report to give the person in hand. Only now I was told by a Police Officer that the notice has to be sign by the individual(s). I have read Chapter 266 Section 102 and it does not mention that it must be signed. My question is, most people refuse to sign or even provide ID. What can I do?
 

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The trespassing notice can be verbally issued in the presence of a police officer, and if the notice is documented by the PD (within CAD for example), most courts will uphold it. The person issuing the notice just has to be authorized; property owner or employee.

Alternately, you can have a written trespass notice served by a constable or deputy sheriff, and if there’s a signed return of service (signed by the constable or deputy sheriff), that’s generally enough for most courts.
 

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Discussion Starter · #3 ·
The trespassing notice can be verbally issued in the presence of a police officer, and if the notice is documented by the PD (within CAD for example), most courts will uphold it. The person issuing the notice just has to be authorized; property owner or employee.

Alternately, you can have a written trespass notice served by a constable or deputy sheriff, and if there’s a signed return of service (signed by the constable or deputy sheriff), that’s generally enough for most courts.
Thank you for the response, was hoping to avoid Police involvement unless absolutely necessary.
 

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Thank you for the response, was hoping to avoid Police involvement unless absolutely necessary.
You’re very welcome, just keep in mind what I said about the courts; “generally” and “usually”.

I’ve made trespassing arrests for prior verbal notice by a police officer (documented in CAD), and written service by a constable/deputy sheriff, and haven’t had a problem yet. That doesn’t mean another court won’t have a problem with it; as always, your mileage may vary.

It won’t matter to you, you won’t be on the hook for false arrest, but I’m just advising to not set your hopes too high.
 
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