Policy Text
SACRAMENTO POLICE DEPARTMENT
GENERAL ORDER
G.O 538.02
Page 1 of 3
538.02
TRESPASS VIOLATIONS
09-10-14
PURPOSE
The purpose of this order is to establish procedures for the enforcement of trespass violations.
POLICY
It shall be the policy of the Sacramento Police Department to enforce trespass violations.
PROCEDURE
A. DEFINITIONS
1. Owner - The actual owner of the property, a lessee or other person in charge of the privat e property or
business premises .
2. Designated agent - Any person or organization (e.g. , private security company) expressly authorized by
the owner of the private property or business premises to issue a notice of trespass on the owner’s
behalf .
NOTE: Sacramento Police Department employees shall not be a designated agent for an owner except
under specific circumstances listed in Section B.
3. Notice of Trespass (SPD 114) – Department form issued to a person advising the subject he or she
will be arrested upon returning to the identified property or if they refuse to leave the identified
property .
4. Notice of Agency (SPD 116) – Department form that authorizes a designated agent to act on behalf of
the owner. The form is completed by the owner and kept by the owner and designated agent and shall
be made available upon request by SPD employees .
B. GENERAL
1. Officers responding to or on -viewing a trespass violation shall determine if:
a. an owner or designated agent is present at the location .
b. the suspect has previously be en issued a SPD 114 by checking RMS, county records and
documents provided by the owner/ designated agent .
2. Officers shall e nforce any valid SPD 114 the business has on file.
NOTE: If the suspect is arrested for trespassing , the officer (s) shall document the original case
number and circumstances surrounding the original issuance of the SPD 114 in the
trespassing crime report .
3. Officers shall assist the owner or designated agent with service of the SPD 114 if one was not
previously issued (see below for issuance procedures) .
4. Sacramento Police Department employees shall not be a designated agent for the issuance of a
Notice of Trespass (SPD 114) except when :
a. officers are providing contract service ( e.g., supplemental employment, hospital contract unit, SRO,
etc.).
b. approval has been given by a Lieutenant or above to address a specific problem location for a
limited duration .
NOTE: Every effort should be made to have a designated agent , other than an officer , issue the
SPD 114 . If an officer does become a designated agent , the property owner must grant
the authority to do so by signing the SPD 116 .
5. Schools are not bound by conventional rules related to trespassing. Officers dealing with a trespass
situation at a school shall refer to § 626.8 PC.
NOTE: Warning signage is not required and the penal code authorizes officers to make the
arrest on behalf of the school.
SACRAMENTO POLICE DEPARTMENT
GENERAL ORDER
G.O 538.02
Page 2 of 3
C. NOTICE OF TRESPASS (SPD 114) HAS NOT PREVIOUSLY BEEN ISSUED
1. Anytime the suspect HAS NOT previously been issued a Notice of Trespass for the property in
question, officers shall
a. Verify the identity of the suspect .
b. Contac t the owner or designated agent .
c. Have the owner/ designated agent complete a Notice of Trespass (SPD 114 ); if they desire one be
issued . A copy of the completed SPD 114 shall be given to the owner/designated agent and the
suspect.
d. Obtain a statement from the owner/ designated agent as to how the subject has interfered with the
property and/or why they no longer wish for the person to be on their property .
e. Advise the suspect to l eave immediately . If the suspect refuses to leave and prosecution is
desired, officers shall refer to Section E.2. to determine appropriate enforcement action.
f. Add a remark on the call indicating the name, DOB, and XREF of the subject(s) served with the
SPD 114 and the property the subject is not permitted to enter or remain upon .
g. Complete a trespass incident report . If a suspect is arrested for other charges, a separate trespass
report shall be completed.
h. Forward the Notice of Trespass (SPD 114) to Records for scanning .
(1) After scanning, Records shall forward the original SPD 114 to the appropriate patrol station for
entry into the subj ect’s County Remarks screen .
(2) The administrative staff at each patrol station shall enter the remarks into the subject ’s County
screen and discard the original SPD 114.
D. NOTICE OF TRESPASS (SPD 114) HAS PREVIOUSLY BEEN ISSUED
1. If a Notice of Trespass previously was issued, the owner does not need to be present in order for SPD
to take enforcement action.
2. When taking enforcement action , officers
a. Should have the owner or designated agent sign a private person’s arrest form .
b. Should photograph or record (via ICC) the subject on the property in violation of the previously
issued SPD 114 .
c. Shall link the new report to the original report in which the subject was served .