Americans have long been strong proponents of individual rights and privacy. As a nation we have always been proud of our freedoms and privileges. Perhaps we have no greater pride than in our homes and lands, for at home a man is truly “king of his castle.” It is in this area that we have come to feel safe from invasion through laws that forbid trespassing and unlawful entry.
This short paper will begin by explaining the rights of property owners to keep their property free of unwanted intruders. The second section will then describe the penalties for trespassing here in the City of Kalamazoo. The third and final section will then present a case study on trespassing: the Western Hemisphere Institute for Security Cooperation.
When a person is found to be trespassing on another’s land, the owner has enforceable rights under law. The most obvious right is to be free from harassment and trespass. If someone enters your property you have the right to make him leave without delay. The Kalamazoo legal code allows for simple mistake or error by requiring that the landowner or occupant forbid the person from entering or remaining on the property before a trespasser can be penalized. Signs stating that an area is “posted against trespassing” carry the same weight as an actual vocal command, and must be respected just as if they were the voice of the landowner. Under the law a person who simply walks onto another person’s property and then leaves at the owners request is not guilty of the crime of trespassing. The rights of the property owner are simply to have his property free from infringement by another. If someone refuses to leave at the request of the property owner or repeatedly and knowingly trespasses on the land then the property owner should notify the police in order to enforce the laws of their jurisdiction.
The penalties for
trespassing are not all that harsh, but are still great enough to be a
deterrent to most people. Kalamazoo legal code Sec. 22-7 makes the crime of trespassing a misdemeanor offense. Section
1-7(a) of the same Kalamazoo legal code states that anyone convicted of a
misdemeanor “shall be punishable by a
fine of not more than five hundred dollars ($500.00) and costs of prosecution,
or by imprisonment for not more than ninety (90) days, or by both such fine and
imprisonment. Each act of violation and every day upon which any such violation
shall occur shall constitute a separate offense.” Section 1-7(c) also allows,
“In addition to the penalties provided in this section, the city may enjoin or
abate any violation of this Code or any rule or regulation adopted under this
Code by appropriate action and may avail itself of any other remedy provided by
law to enforce this Code or such rule or regulation.”
If you are interested in examining a piece of
privately held property the best thing to do is to contact the owner. Pieces of
property for sale typically have signs advertising the realtor or agent in
charge of that particular parcel of land, and these usually have phone numbers
to contact to obtain either an appointment or permission to examine. If no such
number is posted, neighbors are often a good source of information and could
potentially supply a curious examiner with the property owner’s phone number or
address to aid in the permission seeking. If this too fails, a person could try
to figure out who owns a particular piece of property through the local
government’s Assessor’s office, which keeps records of property ownership. With
this knowledge a person could then contact the property owner and attempt to
obtain permission to examine the property.
Trespassing is not typically a high profile crime, at least not when that is the sole criminal act. Trespassers rarely make the nightly news or even the local newspapers. One exception to this is the case of the School of the Americas, now called the Western Hemisphere Institute for Security Cooperation at Fort Benning, Georgia. Protesters accuse the school of training Latin American soldiers who have then gone on to perpetrate crimes against people in their home countries. For this reason, large groups of people often assemble at the Institute to protest. This past summer twenty-six people were convicted of trespassing after walking onto military property without permission during a protest in November of 2000. Based on Federal standards of punishment, the people convicted were sentenced to six months imprisonment for their actions, a rather severe punishment compared to that of Kalamazoo.
Conclusion
Laws against
trespassing are designed to protect and enforce the property rights of both
public and private property. Through trespassing laws we, as property owners,
are given a legal means with which to defend our property. At the same time
trespassers, as criminals, are given meted out punishment for ignoring the
rights of others. Trespassing laws are a simple means of ensuring that
personal, private property is kept safe.
Bibliography
Kalamazoo Code of Ordinances, Section 1-7
-Misdemeanor statute
Kalamazoo Code of Ordinances, Section 22-7
-Trespass statute
“Military School Protesters Freed”- The
Associated Press. January 14, 2002 <http://www.soaw.org/Articles/press/11402articleAP.html>