Hey guys,

So I apologize if this seems like a stupid question, but a recent close call I had exploring has me wondering. I was recently exploring what I realized was now property of a farmer. As I was leaving he came around the corner in a UTV and chased me. Me, being in my car, just drove away knowing he wouldn't catch me.

However if I would have stayed 20 seconds longer he would have driven up on me and blocked my exit.

So my question is, if you are exploring and the property owner shows up can they legally detain you until police arrive since you are on their property? Or can you just say "I'm leaving" and walk away.

I assume the legalities of it are based on state. All i can really go on is what I've been told to do: No weapon, talk or flee, weapon, gtfo unless they hold you at gunpoint. Since you are still legally trespassing i would guess they could since someone who breaks into your home, such as an attempted robbery, you can keep them from leaving once they are in said home

Legally they can not touch you, but they are definitely allowed to try and impede your path. I imagine it can change from state to state but around here, they can't lay a finger on you. Still, I know of one explorer who got his ass kicked for going in a certain building.

In massachusetts no... as a matter of fact in mass, if I break into someones house in the middle of the night while they are sleeping, and I trip over a coffee table and break my ankle, I can sue the home owner... my state is fuct

This would be considered a citizens arrest if they tried to physically detain you until the cops arrived. The only time you can be subject to a citizens arrest is if they see you committing a felony. Most non-residential trespassing is a misdemeanor. If they did see you commit a felony though, it would be perfectly legal for them to come hold you down and wait for the cops.

In your specific example, it's not actually a detainment but an impediment. You'd be screwed in your situation, I think.

Maybe in MA and NJ youre Ok, but not in TX

TX allows property owners to detain and hold for LE, (detain if youre lucky)

If theres malicious mischief at night or burglary of residence involved, (breaking & entering as some states call it) TX allows use of deadly force.

I suggest you check your state penal code before UER.

Posted by 2Xplorations Maybe in MA and NJ youre Ok, but not in TX TX allows property owners to detain and hold for LE, (detain if youre lucky) If theres malicious mischief at night or burglary or residence involved, (breaking & entering as some states call it) TX allows use of deadly force. I suggest you check your state penal code before UER.

Lol right. That's why I love texas.

Posted by Mike Dijital In massachusetts no... as a matter of fact in mass, if I break into someones house in the middle of the night while they are sleeping, and I trip over a coffee table and break my ankle, I can sue the home owner... my state is fuct

So, a guy in your home carrying a bag with dollar sign and wearing a black mask wants to file a slip and fall claim, MA courts will hear it? That is fuct up bro!

I bet homeowners insurance up there is an expensive joke.

You have no idea how high the insurance rates are here


but on the flip side, lets say back when we had tons of abandoned state hospitals,

I would literally stand on the roof and yell down to cops " we are not leaving , you leave, " and they would leave because insurance regulations would prevent them from entering buildings, and they could only sit outside the building and wait so long before they got a call for bigger crime....

I know in California, you can shoot an intruder that is INSIDE your home and if they commit a felony in your presence, you can use whatever force to detain them. As for trespassing, this is the basic breakdown of the levels of trespassing:

In most cases, California trespass is a misdemeanor . . . which means it can lead to penalties of up to six (6) months in county jail and/or a fine of up to one thousand dollars ($1,000).

However, certain kinds of trespass in California law may lead only to infraction charges . . . with penalties consisting only of a small fine.

And if you commit what is known as "aggravated trespass" -- in which you threaten to injure someone physically and then enter their home or workplace without permission, as in the third example above -- you may even face felony trespass charges. This could mean a jail sentence of sixteen (16) months, or two (2) or three (3) years.

As for detaining:

California PC844. To make an arrest, a private person, if the offense is a
felony, and in all cases a peace officer, may break open the door or
window of the house in which the person to be arrested is, or in
which they have reasonable grounds for believing the person to be,
after having demanded admittance and explained the purpose for which
admittance is desired.

845. Any person who has lawfully entered a house for the purpose of
making an arrest, may break open the door or window thereof if
detained therein, when necessary for the purpose of liberating
himself, and an officer may do the same, when necessary for the
purpose of liberating a person who, acting in his aid, lawfully
entered for the purpose of making an arrest, and is detained therein.

846. Any person making an arrest may take from the person arrested
all offensive weapons which he may have about his person, and must
deliver them to the magistrate before whom he is taken.

So, in summary, in certain circumstances, a property owner may arrest, search and detain you. This is how bounty hunters work in California and many other states and if there is a warrant involved even more action may be taken.

There is a recent case in Turlock, CA where a farmer shot and killed a trespasser and although the District Attorney's office is reviewing the case, the farmer was never arrested. Only his shotgun used to kill the trespasser was taken (no of his other weapons/guns were). It is still classified as a homicide, but no charges. Go figure.

So, the risk is yours. You take your chances when engaged in this hobby.

I can remember a meet up we had at a certain closed military facility where there was also an airsoft tournament going on. One of the airsoft 'tactical' guys (all dressed up and never served a day in the Armed Forces) decided he would be a bad ass and threaten us with the police. Suffice to say when saw many of us there were, he backed off and we all drove away. Listening to the scanner, the PD never even received a call from him.

Either way, if an unarmed property owner tells you to sit tight and wait for the cops to arrive you'd be crazy not to run.

Posted by Speed

That was dumb. Why do they keep provoking the disabled guy? Just turn around and go back the way you came.

Posted by NightRunner That was dumb. Why do they keep provoking the disabled guy? Just turn around and go back the way you came.

I think it was just meant to be a funny take on my "unarmed property owner" comment. Made me lol!

Posted by fiftyone_eggs I think it was just meant to be a funny take on my "unarmed property owner" comment. Made me lol!

Oh...you said unarmed!
I thought you said "one armed"
LOL

Actually, it wasn't meant for anyone in particular.
I came across the vid a few weeks ago and though it was kinda fitting for the thread.

In the state of Washington, a citizen can detain someone if they personally witness that person committing a misdemeanor or a felony. That would mean that yes, they could legally detain you if they caught you trespassing on their property, which is a misdemeanor. Running from them or escaping does not confer additional charges (like resisting arrest or whatever), but if you assault the person detaining you, of course you could be charged for doing that.

If some fuckhead tries to detain me, he's gettin' worked the fuck over, no question about it. Do NOT compromise my personal space or freedom. I'll gladly leave your shithole in peace but if you wanna touch me, the entire arm's comin' off.

Posted by Radical_Ed If some fuckhead tries to detain me, he's gettin' worked the fuck over, no question about it. Do NOT compromise my personal space or freedom. I'll gladly leave your shithole in peace but if you wanna touch me, the entire arm's comin' off.

Including being held at gunpoint? In California, a claim can be made that you threatened and caused a person to believe that their life or family's lives were threatened. In that case, detainment by use of force is allowable, up to and including use of deadly force.

Not that I would ever detain someone like that, I would talk to them first and try to find out what is going on. BUT there are some really stupid people out here. Especially in remote areas.

Posted by Radical_Ed If some fuckhead tries to detain me, he's gettin' worked the fuck over, no question about it. Do NOT compromise my personal space or freedom. I'll gladly leave your shithole in peace but if you wanna touch me, the entire arm's comin' off.

Merica! Fuck yeah!

Guns are another story entirely but it all depends on the situation.

Gun = you win