| Opinion Summary: |
It is a criminal offense for a person to knowingly enter and occupy another’s residence without legal right or permission of the owner or lawful tenant. At the request of the property owner or lawful tenant, a law enforcement officer may enter onto the property and arrest the trespasser when probable cause for the arrest exists. If property rights are reasonably in dispute, then the property owner may need to file an eviction action. Absent probable cause for arrest or a court order to remove the occupant, a law enforcement officer could incur liability for acting without legal authority. |