Expert: Jack Toomey - 4/2/2007

Question
Hello Mr. Toomey,
To be breif, I have a home in the mountians. Need I say more?
I teach law for the Criminal Justice Dept. and I can not find anyone to just tell me what a small town like Green Valley Lake can do to get rid of the local town drunk and vagrant who sleeps like an animal and becomes abusive on everyones property.
Yes I am aware of trespass but he moves like a racoon.
Perhaps you may know of a mental health issue here, he always has a bottle of Jack Daniels on hand.
Sounds like the premise for a Situation Comedy, dosen't it?

Answer
  You didn't say whether your town has its own police department or if the law enforcement duties are handled by a larger agency.  Either way surely there must be a law about public drunkeness, trespassing, drinking in public, or some sort of nuisance law in your county, state, etc.  I am sure that you are aware that a small town police department is much more likely to respond to complaints like this than a larger county department that might have more calls for service.  So if you have a town police department get them to enforce what laws you have.  If its a larger agency maybe you need to meet with the beat officers and inform them of this guy and see what laws are applicable.  It could be a mental health issue but every state has different laws that cover what a police officer can and can't do when it comes to taking someone into custody for evaluation and I have no idea what the law in California is.

  So to sum up I would get with the police and see what can be done about this guy.