assault trespass
Can a property owner detain a trespasser?
<p>In a jurisdiction in which trespassing can be a crime, can a property owner detain a person discovered trespassing on the property?</p>
<p>Example: A landowner discovers an unknown person standing on his fenced land.  He orders the trespasser to stop.  The trespasser, showing no immediate threat to the owner or property, says, &quot;I'm leaving.&quot;  The landowner says, &quot;No, I'm calling police and you're staying until they get here.&quot;</p>
<p>Is the landowner allowed to threaten or use force to detain the trespasser until police arrive?</p>
<p>The landowner's reasonable concern is that prior to discovery the trespasser committed some tortious or criminal act upon the property, and the owner does not want to let the suspect escape until he can investigate.  He also wants to have the trespasser identified and documented by law enforcement so that any future trespass by the same person can be prosecuted (as &quot;defiant trespass&quot;).</p>

<p>Jurisdiction? <a href="/questions/tagged/washington" class="post-tag" title="show questions tagged &#39;washington&#39;" rel="tag">washington</a>. <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=9A.16.020" rel="nofollow noreferrer">RCW 9A.16.020</a> says when force is lawful.</p>
<blockquote>
<p>(1) Whenever necessarily used by ...a person assisting the officer and
acting under the officer's direction</p>
</blockquote>
<p>Not apparently applicable in this case.</p>
<blockquote>
<p>(2) Whenever necessarily used by a person arresting one who has
committed a felony and delivering him or her to a public officer
competent to receive him or her into custody</p>
</blockquote>
<p>Looks promising, except <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=9A.52.070" rel="nofollow noreferrer">RCW 9A.52.070</a> says &quot;(2) Criminal trespass in the first degree is a gross misdemeanor&quot;. For the record,</p>
<blockquote>
<p>(3) Whenever used by a party about to be injured, or by another
lawfully aiding him or her, in preventing or attempting to prevent an
offense against his or her person, or a malicious trespass, or other
malicious interference with real or personal property lawfully in his
or her possession, in case the force is not more than is necessary</p>
</blockquote>
<p>but you didn't describe malicious trespass (which incidentally is not statutorily defined in Washington). Our last hope is:</p>
<blockquote>
<p>(4) Whenever reasonably used by a person to detain someone who enters
or remains unlawfully in a building or on real property lawfully in
the possession of such person, so long as such detention is reasonable
in duration and manner to investigate the reason for the detained
person's presence on the premises, and so long as the premises in
question did not reasonably appear to be intended to be open to
members of the public</p>
</blockquote>
<p>For example, you can detain a person for a few seconds to ask what he's doing there and to get whatever answer you are going to get. It does not extend to &quot;detain the trespasser until you are satisfied that he has truthfully identified himself&quot;, or &quot;until the police show up&quot;.</p>
