In many jurisdictions, law enforcement agencies do not have the authority to go onto private property and remove individuals or request them to leave without the consent of the property owner.

If an officer observes someone on private property when a business is closed, the law enforcement agency must first contact the person(s) legally responsible for the property before entering.

A Trespass Enforcement Agreement or Trespass Enforcement Affidavit allows law enforcement personnel to enter private property and act as agents of the property owner and challenge individuals who appear to have no right to be on the property.

The objective of the Trespass Authorization Program is to deter burglary, vandalism, trespassing and other offenses by reducing opportunities for such crimes to occur.

With the execution of a Trespass Authorization Agreement between property owners and a law enforcement agency, if a law enforcement officer has probable cause to believe an individual is trespassing, the officer may ask the person to leave the premises or charge the person with a criminal offense.

Other examples of trespass authorization programs include Trespass Affidavit Program, Trespass Letter of Consent, Trespassing Enforcement Authorization Program (TEAP). Check with your local police department to determine what program they offer.

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