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that has nothing to do with what I said. The store owner acted appropriately, he "had someone arrested" which is exactly what he should have done, if the suspect became physical with the cops I'm sure he incurred a new criminal charge. What I said is that a cop can't make a decision on whether someone is trespassing unless that's confirmed by the owner of the property. That means if there is someone standing in my front yard and a cop drives by, they can't arrest that person because they "think" they are trespassing. They can go to my door and ask me if they are trespassing and if I say that they are then they can be arrested.
The law is poorly written as to what powers police and homeowners will have to deal with trespassers
Quote:
As to trespassing, they point to guidance from the Illinois Supreme Court’s Pretrial Implementation Task Force. That task force has interpreted the law to still allow police officers to remove trespassers from a residence or business at the request of property owners, take them to a police station for processing, and then release them with a citation and a court date.
But Maton and others say, while that seeming official interpretation will carry weight, there is still a wide degree of latitude within the statute for arguments in court over the actual powers afforded to police officers to respond to property owner requests for assistance with obstinate trespassers the property owners believe to be dangerous.
The McHenry County state's attorney says "absurdity" continued on the second day of the end of cash bail after a 20-time arrestee as well as a man accused of pulling a gun on a Metra conductor were both released.
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