Authorization for Police to Arrest Trespassers

NOT THE MOST SAVORY TOPIC, I admit. Yet it’s important to be clear about our rights, so as to protect our staff, attendees, and the facilities from harm. 

This post outlines the established procedure by which Mishkon (re)authorizes the LAPD to be its agent when a trespasser is spotted on our property — and the implications and consequences thereof.

Executive Summary

As a matter of course, the police encourage an otherwise benign trespasser to “move along” rather than make an arrest. However, not all trespassers are benign. Therefore we should keep Trespass Arrest Authorization forms on file with the police department, because it empowers the police to arrest a trespasser without our direct involvement, if need be. One form is needed for each of our two street addresses. These forms need to be refiled once a year.

Options

According to LAPD Senior Lead Officer Monique Contreras, Pacific Division (1/4/22  phone call), there are two basic options for removing someone from private property: private arrest (directly requested) and public arrest (authorized).

Without an arrest authorization in place, only a “private arrest” can be made. It must be initiated by a “radio call,” and either a representative of the synagogue must be on the scene or else available by phone. The officer needs to talk directly with the reporter before taking action. (Note: A pilot program started earlier this year, for calls related to homelessness. Calls to the police nonemergency phone are handled by an intervention team known as Circle, rather than by officers.)

With an authorization in place (which lasts 1 year and then needs to be renewed), there are 3 ways that police get involved: 

(1) The lead officer, when occasionally out in the field, drives by, stops, and gives a warning: “You need to leave. And I’ll wait here until you’ve left.” 

(2) The synagogue calls in a request. Patrol officer drives by, stops, and gives a warning. Repeat offense should lead to arrest without further synagogue involvement. 

(3) Patrol officer drives by, bothers to stop (esp. if we let the lead officer know that this is an area that we care about and want them to keep an eye out for), and gives a warning. Repeat offense should lead to arrest without further synagogue involvement.

Notes

• By law, nobody can camp/sleep within 5 feet of our doorways. 
• Someone who’s merely sitting on the steps to eat lunch is generally not treated as a trespasser. 
• Officer Contreras has agreed to direct the patrol officers’ attention to our portico, to make sure it remains clear overnight. When she comes on duty (7:30am), she also checks the portico herself, to make sure nobody is lingering there.

Authorization Forms

The authorization needs to be renewed annually, because it expires after 1 year.

The next expiration date is a year from yesterday: Sept 8, 2023.

Because the Administrator is listed as a contact person, the forms will need to be updated and resubmitted when a permanent Administrator is chosen, and whenever there’s a subsequent turnover in that position. 

Here are sample forms, filled in but without a signature. (As usual, click/tap on the image to enlarge it.)

Signed forms should be emailed to Officer Contreras at 38228@lapd.online.

206 Main Street

201 Hampton Drive