Examples of initial "necessary force"?

[redcliff]

We had this situation come up recently. A friend of mine had a transient tweaker go through the gate into her private backyard and down to her landing alongside the river. My friend was alerted to this by her dog barking and asked the transient to leave her private property (it is fenced on 3 sides with a steep rip-rap bank and stairs down to the landing above the river, with the waterline being the back boundary of the property).

The transient refused to leave and got into a verbal argument shouting that he could stay there as long as he liked. Other nearby neighbors gathered and tried unsuccessfully to verbally convince the transient to leave. After several calls by my friend and neighbors and about an hour,the local PD decided that they would show up afterall, convinced the transient to leave with the threat of force and then they arrested him for outstanding warrants.

It appears that "using no more force than is reasonably necessary" is the standard for what a homeowner can use to remove a trespasser and that force can escalate if needed depending upon the trespassers response.

If the situation were to repeat must she physicaly approach the trespasser and take his arm to try to physicaly remove him, or can she use something like a garden hose or even pepper spray to persuade him to leave? Would her carrying a shotgun (or even a baseball bat) in her own backyard constitue brandishing? Any suggestions on a reasonable initial course of action would be appreciated. She doesn't want to hurt anyone but she also doesn't want low life transient drug users to camp out in her back yard either.

[target_shot]

We had this situation come up recently. A friend of mine had a transient tweaker go through the gate into her private backyard and down to her landing alongside the river. My friend was alerted to this by her dog barking and asked the transient to leave her private property (it is fenced on 3 sides with a steep rip-rap bank and stairs down to the landing above the river, with the waterline being the back boundary of the property).

The transient refused to leave and got into a verbal argument shouting that he could stay there as long as he liked. Other nearby neighbors gathered and tried unsuccessfully to verbally convince the transient to leave. After several calls by my friend and neighbors and about an hour,the local PD decided that they would show up afterall, convinced the transient to leave with the threat of force and then they arrested him for outstanding warrants.

It appears that "using no more force than is reasonably necessary" is the standard for what a homeowner can use to remove a trespasser and that force can escalate if needed depending upon the trespassers response.

If the situation were to repeat must she physicaly approach the trespasser and take his arm to try to physicaly remove him, or can she use something like a garden hose or even pepper spray to persuade him to leave? Would her carrying a shotgun (or even a baseball bat) in her own backyard constitue brandishing? Any suggestions on a reasonable initial course of action would be appreciated. She doesn't want to hurt anyone but she also doesn't want low life transient drug users to camp out in her back yard either.

*I am not a lawyer, none of this is legal advice, just opinion*

Understandable.

The best option, even though I can tell that you won't like it, it to call the PD. If she starts damaging property, or becoming physically aggressive, it becomes a different story.

If she is simply sitting in your friend's backyard, tell your friend to go back inside, and call police. Simply put, we have wider latitude for using force. Is the hour delay worth civil court if she *somehow* gets a lawyer that wants your house?

You can find the definition for brandishing under 417 PC - Apply that definition to whatever situation you may think up.

[CinnamonBear723]

Way too much room for error and liability to answer a question like this. Use your best judgement and really pay attention to whether the impostor is a threat to the safety of people not property.

[Mickael81]

Unleash a pack of Dobermans on the transient.