The St. Cloud Police Department has seen an increase in calls regarding trespassing at businesses and in other private locations where the public has access. In order to improve our response and to focus our resources on the repeat violators we have modified our response to these types of calls. Here is a summary of our new response plan, as well as some tips to help you more effectively deal with people you want to leave your property.
The state statute is lengthy, but the sections listed below pertain directly to the issue of trespassers at your business or property:
(b) A person is guilty of a misdemeanor if the person intentionally:
(3) trespasses on the premises of another and, without claim of right, refuses to depart from the premises on demand of the lawful possessor;
(8) returns to the property of another within one year after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent;
What should I do if someone is on my property and I want them to leave (including parking lot)?
First, ask them to leave.
Next, tell them to leave and, if you don’t want them to return, tell them they are trespassed. Giving them a written formal notice of trespass is a great legally sound option. You can tell them they are trespassed, but this may not stand up in court later. If you can record that notification on your cell phone, or store surveillance, that would be great evidence. We have provided our version of the written notice below if you wish to use it or make one similar for your store.
You can trespass someone for up to one year per MN Law.
If they refuse to identify themselves, you can take a photo of them and document that you trespassed that person.
When should I call the police?
If you have already trespassed someone and they return to your business within 1 year (you will need to have proof of your prior trespass notice for the PD to be able to take legal action)
If you have asked someone to leave, told them to leave and they are refusing to leave.
If someone is violent, aggressive, appears to be having a mental health crisis, or is committing another crime.
Anytime there is immediate danger, or you need police assistance.
Our goal is to provide enhanced police response to repeat trespass violators and to encourage businesses to ask unwanted people to leave without needing to wait for a police response.
If you have questions or would like further information on this process, please