I need some advice on how to get my local law enforcement officers to distinguish between cases where they need to arrest a non-tenant trespasser in a dwelling where the owners/legal occupants cannot get them to leave, and real landlord-tenant situations, where they should just tell the complainant to file an eviction.

We have been experiencing a rash of cases where a "guest" overstays his welcome and is asked to leave, bu refuses to do so, even after being given written notice to leave and a criminal trespass warning. Our police are telling the complainants in these cases that they can't help, that the complainant will have to file an eviction.

Since the "guest" is not a tenant, the complainant can't meet the elements necessary to prove an eviction, unless they lie and say he is a tenant (thus giving the person more rights than they had before the polcie "helped" the complainant).

I have told a few complainants in this situation to change the locks and put the person's personal belongings out on the lawn, but this seems fraught with difficulty.

How do any of you have your police handle the issue? Would it be appropriate to advise our police to inquire of both parties whether the person is a tenant, and then if they agree that he is not, have the police order him to leave? If he says he is, and the property owner says not, then have the police ask him for a copy of a lease or other proof that he is a tenant? Would you feel comfortable at that point, if the "guest" could not provide proof, telling the officer to make the person get out?

I know the police do not want to get into the position of trying to adjudicate competing legal rights, but in the cases I am describing, the innocent property owner is the victim, and should be able to get some help from law enforcement against someone who is essentially committing a Class A misdemeanor (Criminal Trespass of a Habitation).

Any thoughts would be appreciated.