16 Illegals Sue Arizona rancher

[Kevin]

You have the right to use force and even threaten excessive and deadly force to expel trespassers.

What civil right does anyone have to trespass?

[KSig RC]

Originally Posted by Kevin

What civil right does anyone have to trespass?

This article is VERY unclear (and literally wrong on the facts, as far as I've read) - the aliens were NOT on the rancher's land, and they may have been up to three miles away from any land he actually owned. Thus the right is against false imprisonment/right to interstate travel. Before everyone gets apeshit on this, there's no element of trespass involved, or I'm sure it would have been thrown out right away.

[CrackerBarrel]

Originally Posted by KSig RC

Thus the right is against false imprisonment/right to interstate travel.

I think a claim for false imprisonment may exist even if they were trespassing. I may be wrong, but I think the preferred action to take against trespassers is to eject them OR call the police. I don't think detaining trespassers is looked on particularly favorably.

[epchick]

Originally Posted by CrackerBarrel

I think a claim for false imprisonment may exist even if they were trespassing. I may be wrong, but I think the preferred action to take against trespassers is to eject them OR call the police. I don't think detaining trespassers is looked on particularly favorably.

You are correct, at least from everything I know. I know that here where I live, there have been a few "illegals" who trespassed in people's backyards (that is what happens when your backyard is literally on the border), were rounded up by the homeowner and the homeowner was the one who got in trouble for the false imprisonment.

It has been said that if you see "illegals" you call the police and let them handle it.

[KSig RC]

Originally Posted by CrackerBarrel

I think a claim for false imprisonment may exist even if they were trespassing. I may be wrong, but I think the preferred action to take against trespassers is to eject them OR call the police. I don't think detaining trespassers is looked on particularly favorably.

Kevin is much better qualified to speak to this in the abstract, but you very well may be right . . . in the OP's case, though, every other source I have notes that trespass is not an issue, as it wasn't on his owned property.