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Old February 1, 2009, 01:45 PM   #40
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
Posted by FyredUp in Wisconsin:
Quote:
If they came over the fence I would have waited until the were all there and announced my presence and racked the slide of the shotgun. Requesting that "Golly gee you fun loving kids, would you please lay face down on my lawn with your arms over your heads while I call the police?
It would be a good idea to consult an attorney before doing anything like that. It is possible that you may end up being charged with a crime or subjected to civil liability.

Here's something from the State of Wisconsin on the Wisconsin Trespass Law:

Quote:
If you should come across trespassers, don’t lose
your temper. Be courteous but firm when you ask
them to leave.
Clearly identify your property boundary
to them, and politely ask them to respect your property.
If they will not leave, contact the County Sheriff. Sheriff
Deputies are authorized to issue a trespasscitation,
similar to a traffic citation, to these interlopers.
States vary, but it seems that most do not permit detention for civil trespass. In Texas, the law states that even the police may not arrest a simple trespasser without a warrant.

Where the OP lives, trespassing is a misdemeanor. I certainly would not want to take assuming the risks attendant to performing a citizen's arrest for that.
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