Policy Text
Field Services Page 1 of 4 02/13 (REV 4/06)
Operation F.O.C.U.S.
The purpose of this Order is to o utline the reasons for the F.O .C.U.S. program and to
explain how it is implemented . This Operations Order shall be administered by Field
Service Problem Oriented Policing units. I. General
A. Operation F.O.C.U.S. is an ac ronym for Free Our Complexes of Unsavory
Suspects.
B. The goal of Operation F.O.C.U .S. is to provide Sheriff’s dep uties with a
procedure to assist apartment and business owners for the purpo se of
enforcing trespass statutes and or dinances in those complexes w here
acts of loitering and trespa ssing have been observed.
C. The owner of a property, or t he owner's agent, may request a Sheriff's
deputy to assist in the service on persons a written “Notice of Trespass”
(appendix A). Sheriff’s employees are restricted from acting a s agents for
the owner for the purpose of enfor cing trespass sections.
D. This Operations Order shall no t apply to solicitors which ar e exercising
their constitutional rights to free speech.
II. Procedure
A. Any owner, lessee or person in charge of an apartment buildi ng or
business and with cause may hav e served upon an offender a writ ten
notice advising them of Penal Code section 602 (k) and Sacramen to
County Code 9.80.010. T he written notice s hall advise the offe nder any
further entry upon the property a fter being served will be view ed as
interfering, obstructing, or in juring the lawful business carri ed on by the
premises.
B. The written trespass advisem ent notice shall be personally s erved upon
the offender and signe d by the owner, lessee, or person in char ge.
Deputies may assist the owner, l essee, or person in charge of t he
apartment or business in the serv ice of this notice upon the of fender.
1. Deputies shall make all effort s to accurately identify the o ffender.
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2. Deputies shall also be requir ed to complete an incident repo rt
describing the causation factor s which gave rise to the owner,
lessee, or person in charge of the apartment or business to giv e
notice to the offender. These fa ctors must describe how the
offender is interfering with the business opportunity. In orde r to
prove trespass we must be able to prove the conduct interferes
with, obstructs or injures the business.
a. Causation factors typically i nclude specifics regarding the
offender’s behavior which has a negative impact upon the
business or apartment complex. These may include but not
limited to:
(1) Subject repeatedly accosts customers causing them
to want to go elsewhere.
(2) Subject creates an unsafe environment by
congregating on the property causing customers to avoid the area or f eel intimidated.
(3) Subject drinks alcohol or is drunk on the property
causing customers to avo id the premises or feel
intimidated.
(4) Subject is creating an ob struction on sidewalks which
interferes with pedestrians, whether wholly or partially.
(5) Subject is interfering wit h the ingress or egress of
vehicular traffic into or in parking lots.
(6) Subject is creating an obst ruction to any doorway of a
business.
C. The Notice of Trespass form (see attached) shall be in tripl icate. One (1)
copy will be retained by the ow ner, lessee, or person in charge , one (1)
copy will be issued to the o ffender, and one (1) copy shall be given to the
deputy. Upon receipt of the signed copy of the notice the depu ty shall
forward this form to the res pective P.O.P. supervisor.
D. The P.O.P. supervisor shall in sure a remark is entered into the offenders
CJIS file of the service of notic e. The expiration for this re mark shall not
exceed five (5) years. The P.O.P . supervisor shall maintain th is copy for a
period of not less than two (2) years.
III. Enforcement
A. Once forms (Notice of Trespass) are signed by the property owner ,
lessee, or person in charge, any sworn employee of the Sheriff' s
Department is authorized to enfor ce trespass violations. With this form, it
is not necessary to obtain a s eparate private person arrest if the violation
is occurring in the deputy’s presence.
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B. As part of the enforcement, t he officers on first contact wi th violators must
advise them of the trespass. If the owner, lessee, or person i n charge
completes the “Notice of Tres pass” and causes it to be served u pon the
offender, the investigating office r shall then forward a copy t o the P.O.P.
supervisor.
C. If the violator has already been served a trespass notice, t he officers can
make an arrest, or if officers then come in contact with the sa me violator
on the property, the violator