Policy Text
Roll Call Training Bulletin
Produced by: Detective Mike Wood
Prepared by: Officer Michelle Lazark, PSU. Rick Braziel, Chief of Police
Volume 12
August 30, 2010
Residential Trespass Violations
The Real Estate Fraud Unit, City Attorney’s Office and PSU have esta blished the following guidelines when
dealing with residential trespass viola tions. There has been an increase in calls for service by owners of vacant
residential properties that ar e being unlawfully occupied.
Complaints :
1. The increased numbers of vacant properties in th e city have created an opportunity for fraud.
2. Absentee homeowners, and/or real estate agents with authority to manage vacant properties have found
people living in homes that were supposed to be vacant.
How it works
:
1. The occupants produce fraudulent rent al agreements and receipts stating they rented the home from
contact information obtained on a sign or internet posting.
2. The names and phone numbers the occ upants provide are unidentifiable and not connected with anyone
that has legal authority to rent the property.
3. The occupants may claim they paid thousands of dolla rs in cash to an unknown third party, but have no
real source of income.
4. Many of the occupants will claim they are victims of fraud and wish to make a police report. These
unlawful occupants are sometimes found to be second and third time “so-called victims”, as they are
found living in a vacant propert y after leaving another.
5. The occupant’s goal is gene rally: 1) living in a home rent free, or 2) waiting for a cash payment from the
legal owner to l eave the property.
When responding :
1. Confirm the complainant is the property owner or has la wful authority of the owne r to act as their agent.
2. Contact and identify all occupants on the pr operty and explain the purpose for contact.
3. Obtain detailed statements from the complainant a nd occupants and ask for c opies of paperwork they
may have (lease agreement, receipts, etc.).
4. In some cases, the occupants may be legitimate victim s who were tricked into believing they had rented
the property legally. Explain to them they may be the victims of fraud and ask if they wish to make a
crime report (532, 487 PC, etc.). Also, explain the ramifications of making a false report.
5. Attempt to mediate the situation an d convince the occupants to vacate th e property. If no crime report is
desired by the occupants an Information Report s hould be generated to document the incident.
6. Have the owner/agent serve the occupants with a No tice of Trespass (SPD 114) and give both parties a
copy of the notice. Insure a copy is forwarded to Records to be scanned into the report.
7. Based on the amount of personal pr operty on the premises, determine a reasonable amount of time in
which the occupants can vacate or a time they can retu rn to retrieve their property. Note this in the
report.
Roll Call Training Bulletin
Produced by: Detective Mike Wood
Prepared by: Officer Michelle Lazark, PSU. Rick Braziel, Chief of Police
Volume 12
Enforcement :
1. If occupants refuse to comply with the Notice of Trespass or do not volunta rily leave the property,
explain they may be subject to arrest per 602.5 PC and may be booked into jail.
2. Explain the private persons arre st procedure to the owner/agent.
3. Once occupants have vacated the premises it is the owner/agent’s responsibility to secure the premises.
4. Though a trespasser essentially has no standing to obj ect to entry, officers should advise a supervisor
prior to any forced entry into the premises and after other options have been exhausted.
These guidelines are not meant to circumvent the unlaw ful detainer/eviction proces s when the occupants are
lawful tenants of the current or prev ious owner. In these cases the partie s should be advised to seek a civil
remedy regarding the occupancy.
Also refer to Office of Operations Order 538.02 – Trespass Violations. For more information or questions,
please email Det. Mike Wood at mwood@pd.cityofsacramento.org
.