The police officer did not have the authority to make any arrest on private property, since the nephew had tried unsuccessfully to evict the freeloader from his aunts property he decided to make sure the freeloader wasnt going to make any money from doing personal busnines on private property.
Even if you serve an eviction notice here in North Dakota to a freeloader dead beat you still need to get a court order to be able to get the Leo the authority to physically remove the freeloader from the property. That is a fact Allen ,Leo has no authority to arrest anyone, do I think the nephew was out of line in running over his decoys yes I do. Still doesn't change the situation that the freeloader is being thick headed stubborn and won't get the picture that he isn't welcomed there.
Who's at fault I'm not making any conclusions until I get more information just like I did for the first guide vs Jeff thread. The guide was wrong kurtr has already stated that this guide is a poor business man takes advantage of paying clients so with that said the nephew has my money.
First of all. I have never said the guide shouldn't get the boot, because he most certainly should. I am only saying that the law enforcement here failed the guide when it came to the destruction of his private property. If a LEO sees a crime in progress (vandalism, destruction of private property, etc), that LEO can most certainly go onto private property to deal with it even if the property owner would prefer for the crime to continue.
2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 4 - Offenses Against Property
Chapter 38 - Damage or Destruction of Property
Subchapter 2 - Offenses Generally
§ 5-38-203 - Criminal mischief in the first degree.
5-38-203. Criminal mischief in the first degree.
(a) A person commits the offense of criminal mischief in the first degree if he or she purposely and without legal justification destroys or causes damage to any:
(1) Property of another; or
(2) Property, whether his or her own or property of another, for the purpose of collecting any insurance for the property.
(b) Criminal mischief in the first degree is a:
(1) Class C felony if the amount of actual damage is five hundred dollars ($500) or more; or
(2) Class A misdemeanor if otherwise committed.
(c) In an action under this section involving cutting and removing timber from the property of another person:
(1) The following create a presumption of a purpose to commit the offense of criminal mischief in the first degree:
(A) The failure to obtain the survey as required by 15-32-101; or
(B) The purposeful misrepresentation of the ownership or origin of the timber; and
(2) (A) There is imposed in addition to a penalty in subsection (b) of this section a fine of not more than two (2) times the value of the timber destroyed or damaged.
(B) However, in addition to subdivision (c)(2)(A) of this section, the court may require the defendant to make restitution to the owner of the timber.