Just a simple misunderstanding (on my part it would seem).

I think we’re BOTH just trying to assist our neighbors in combating a growing problem.

And as a Peace Officer (I’m presuming), I’m sure you appreciate the need to be able to quote the specific Law / Ordinance / Etc if and when affecting a Citizens Arrest.

Especially in light of the futility of attempting to convey written notice to a homeless person (As you know, Judges generally won’t even consider anything short of a Certified Letter), and the “your-word-against-his” dynamic of Verbal notification (since your average citizen isn’t wearing a wire).

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Thank you for giving me the opportunity to clear that up.

Sometimes it’s hard to know what tone is being used when just reading someone’s post… were you trying to be a know-it-all? or did I just mis-read you?

The Judge’s response (in open court) was: “That was your first mistake – Taking legal advice from Cops!”

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I’d dare guess the MPD officer lied. Which Police do all day, every day, to trick suspects into admitting guilt, or when they are not inclined to affect a particular arrest (In the case of the later, pleading a “Misunderstanding” or “Procedural Error”).

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To rely on the Police department (ANY Police Department) to clean-up your neighborhood is a losing proposition. If only because of the prioritization of limited resources.

Sometimes, a proactive, citizen-centric paradigm is your only viable option.

See Idaho Code: Title 19, Chapter 6

Or for those that can afford it… Private Security (Who themselves operate under Title 19, Chapter 6).

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P.S. Boise Lawman, Gordon, et al…

18-7008. TRESPASS — ACTS CONSTITUTING. A. Every person who willfully commits any trespass, by either:

Please allow me to direct your attention to Sub Section 9:

“Entering without permission of the owner or the owner’s agent, upon the real property of another person which real property is posted with “No
Trespassing” signs…”

Typically, most people don’t want to deal with signing citations and going to court. So instead, they have the police issue a trespass warning and send the Urban Nomads packing. Or, if the violations are occurring after hours, when the police are called, we arrive only to find empty bedrolls or other signs of “life”.

There is a system in place for businesses to sign Trespass Letters giving the BPD authority to trespass from a property on behalf of a business or homeowner even if they are not present. Call the Boise PD to find out more.

The property owner has to be present at the time of the offense or have video evidence to file a complaint.

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I live about 100′ from the Cathedral of the Rockies, which (Bless their Souls) also provides OutReach to the Homeless, particularly on Thursday Evenings.

Myself and my neighbors continue to experience many of the same problems.

Though our problem is not as severe because I and a few of my neighbors take a… ahem… “proactive” approach to problem solving.

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Years ago when I worked as a “Program Technician” (a City Hall sanctioned ruse to avoid having to properly license and pay the high Worker’s Compensation Premiums on the “Program Tech’s” for what we really were: Security Guards) at the now defunct “Community House”, a gentleman (who was also homeless) summed-up the Homeless Problem thusly:

“You can divide the Homeless into Thirds.

1/3 are here through no fault of their own.

1/3 are here because they made a few poor financial decisions.

Those 2/3’s will avail themselves of what Community House has to offer and most likely get back on their feet and never look back.

Then there is that 1/3 that are the ‘Professional’ Homeless. What we used to call Bums. Many are hiding from the law and/ or refuse to abide by Shelter rules regarding Drugs and Alcohol and /or are Sex Offenders that must maintain an address in order to remain in compliance with their Parole / Probation.

That 1/3 are the ones you need be on the lookout for.”

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Now I don’t know if that gentleman hit the demographic nail right on the head; but it has been my personal experience that he did.

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Help the first 2/3 as much as possible, and drop a large, swift hammer on the Bums that give the Homeless a bad name!

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FYI: In Idaho, if you don’t prominently post “No Trespassing” on your property there is little to nothing you can do when people come onto your property (Short of their passing out on your lawn. Then it’s “Disorderly Conduct”). Even if you affect a Citizen’s Arrest, it becomes your-word-against-theirs (not to mention the headache and expense of Court Appearances, etc).

The “Professional Homeless” are very savvy, and are aware of these distinctions.