Who Can Tell Somebody to Leave a House if They Were Invited In

[chrisbee80]

I know a kid can't legally give someone a right to enter a home but if they do give access to someone who knows they're not supposed to be there and an adult tells the person to leave then the person must... but can't find any legal cases to verify that.

The cops here refuse to do anything because my girlfriend's son told his dad he could come in to the house even though he has no right to be in the house and he has been told he is not welcome in the house. Once he was inside he began taking things that may or may not have belonged to him, that's why he is not welcome in the house he has been stealing things under the guise they're his to find out later they're not. I repeatedly told the guy to leave and he refused until I called 911. Police said it wasn't trespassing or stealing because he was invited in by the juvenile despite my numerous times telling him to leave. They said it doesn't matter if he knows he isn't welcome once the kid gave him access he was lawfully in the house. Complete crap. Once I told him that he got defensive and pushed for a case, I couldn't recall the case. Then he said he is done and walked out.

I know that's bogus. I just can't find any cases to support it and all of my law books and such are in another state. Internet isn't giving much either. Every search is returning cases about illegal cop searches.

[Mr. Knowitall]

Who are you in relation to the house? Another house guest?

[chrisbee80]

No, I am on the lease along with my girlfriend. This is a straight forward case. Nothing extraordinary. Happened in Rhode Island but I know there are federal cases if anyone knows particulars about RI even better.

[cdwjava]

I know a kid can't legally give someone a right to enter a home

Where'd you here that? That's not entirely true.

but if they do give access to someone who knows they're not supposed to be there and an adult tells the person to leave then the person must... but can't find any legal cases to verify that.

This is not entirely true, either. It has to be more than an adult, but someone who has responsibility over the premises.

The cops here refuse to do anything because my girlfriend's son told his dad he could come in to the house even though he has no right to be in the house and he has been told he is not welcome in the house. Once he was inside he began taking things that may or may not have belonged to him, that's why he is not welcome in the house he has been stealing things under the guise they're his to find out later they're not. I repeatedly told the guy to leave and he refused until I called 911. Police said it wasn't trespassing or stealing because he was invited in by the juvenile despite my numerous times telling him to leave. They said it doesn't matter if he knows he isn't welcome once the kid gave him access he was lawfully in the house. Complete crap. Once I told him that he got defensive and pushed for a case, I couldn't recall the case. Then he said he is done and walked out.

First, what state are you in? Many of these issues depend on state and federal court rulings and these are not the same everywhere.

Second, why did the police think he had a right to steal even if they believed he was inside the residence legally? Did he actually LEAVE with any property? If not, then I suspect that the reason they did not pursue theft charges would be because no theft occurred. Or, if there was no articulation of items that were taken, no theft charge could be made.

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No, I am on the lease along with my girlfriend. This is a straight forward case. Nothing extraordinary. Happened in Rhode Island but I know there are federal cases if anyone knows particulars about RI even better.

It would appear that the person inside was in violation of the law when he refused to leave after you told him to ... if, indeed, he refused. Apparently he left when you called the cops, in which case it is arguable that no crime occurred because he ID leave.

Rhode Island General Laws 11-44-26. Willful trespass -- Remaining on land after warning -- Exemption for tenants holding over
(a) Every person who willfully trespasses or, having no legitimate purpose for his or her presence, remains upon the land of another or upon the premises or curtilage of the domicile of any person legally entitled to the possession of that domicile, after having been forbidden to do so by the owner of the land or the owner's duly authorized agent or a person legally entitled to the possession of the premises, shall be punished by a fine not exceeding one thousand dollars ($1,000), or imprisonment for a term not exceeding one year, or both.

(b) This section shall not apply to tenants or occupants of residential premises who, having rightfully entered the premises at the commencement of the tenancy or occupancy, remain after that tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of the premises may recover possession only through appropriate civil proceedings.

(c) Where the provisions of The Domestic Violence Prevention Act, chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.

[chrisbee80]

I said the state but I am not looking for state laws. RI laws are full of loopholes and extremely vague on every matter. I am looking for federal laws I have learned and seen before. That is why I didn't originally give the state.

As for a kid not being able to give access to a home that is just common sense. A kid does not trump the lease holder. My girlfriend's son was explicitly told his father is NOT allowed in the house. He is telling us once he opened the door his dad came in and he never told him to come in.. so that alleviates this issue but I do know there is a case out there pertaining to this because I remember studying it.

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All I am looking for is some court cases. I know the legality of everything, I know the guy was trespassing. I am looking for cases on the stuff I pointed out. That's it.

Maybe someone else knows them or can have better luck finding them online. My books, notes, etc are all 3,000 miless away or I'd already have the answer.

[cdwjava]

I said the state but I am not looking for state laws. RI laws are full of loopholes and extremely vague on every matter. I am looking for federal laws I have learned and seen before. That is why I didn't originally give the state.

Federal cases are generally geared towards limiting the actions of government officials, not private individuals. Trespassing is governed under state law so that is where you will have to look for any relevant cases.

As for a kid not being able to give access to a home that is just common sense. A kid does not trump the lease holder.

I would tend to agree. But, a minor CAN grant permission to enter ... not necessarily permission to stay. At least insofar as it pertains to government actors. For private individuals you will have to look towards case law concerning the interpretation of trespassing statutes in RI.

[Lehk]

I am looking for federal laws

there are no federal laws that would cover trespassing in a home on ordinary land.