# Can I do a citizen's arrest on a trespasser? **URL:** \ **Category:** Factual Questions\ **Created:** [May 20, 2009, 3:13pm UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073 "2009-05-20T15:13:15Z")\ **Posts on this page:** 12\ **Page:** 5
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [May 24, 2009, 2:49pm UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073/81 "2009-05-24T14:49:40Z")
> [@sailor](#): > > On what grounds would that be unenforceable? On the grounds that it is silly. ---
**Author:** ![sailor](https://avatars.discourse-cdn.com/v4/letter/s/a587f6/32.png) [@sailor](https://boards.straightdope.com/u/sailor)\ **Post date:** [May 24, 2009, 5:56pm UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073/82 "2009-05-24T17:56:12Z")
I have never heard of “being silly” as a valid legal argument. Can I have some cites? ---
**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\ **Post date:** [May 24, 2009, 8:42pm UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073/83 "2009-05-24T20:42:46Z")
> [@sailor](#): > > I guess that settles it then. ivn1188 dixit. > > By responding you agree to pay me so much is just silly. You do not own this board and you have nothing you can give away here. But if the owners of the board said “to post here you have to pay $15” do you think that would be enforceable? Yes, I know it is just a hipothetical situation which could never happen in real life. > > Since the law clearly recognizes my right to be undisturbed if I so wish and does not recognize an absolute right on your part to disturb me I can’t see how I cannot charge for the privilege of disturbing me. On what grounds would that be unenforceable? On the grounds that you cannot create a valid, enforceable contract that way. ---
**Author:** ![sailor](https://avatars.discourse-cdn.com/v4/letter/s/a587f6/32.png) [@sailor](https://boards.straightdope.com/u/sailor)\ **Post date:** [May 24, 2009, 9:22pm UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073/84 "2009-05-24T21:22:57Z")
Oh well, I guess I’ll have to go to law school if I want to find out why. :rolleyes: ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [May 25, 2009, 2:50am UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073/85 "2009-05-25T02:50:38Z")
It’s the “you can’t enter into a valid, enforceable contract just by being a smartass jerk” rule. Seriously, though. A valid contract requires a meeting of the minds and consideration. The other guy has to be getting something of value (of value to him, that is) in exchange for the hundred bucks. All he’s doing is trying to contact you. Under no circumstances would your simply answering the door ever be considered getting something of value, especially since he never got a chance to bargain for it. In fact, you’re proposing to actually charge him for even trying to bargain with you, and you can’t do that. People are allowed to try to communicate with you without entering into a contract. Even if your sign can be considered a valid offer, he’s allowed at the very least to knock on the door and make a counter-offer without paying for it. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [May 25, 2009, 3:05am UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073/86 "2009-05-25T03:05:27Z")
And “Okay, how about I ignore your sign and pay you nothing, but you listen to what I have to say anyway” would be a valid counter-offer. ---
**Author:** ![Early\_Out](https://avatars.discourse-cdn.com/v4/letter/e/6f9a4e/32.png) [@Early\_Out](https://boards.straightdope.com/u/Early_Out)\ **Post date:** [May 25, 2009, 3:06am UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073/87 "2009-05-25T03:06:20Z")
How about, “Give me a dollar, and I’ll go away.” 🙂 ---
**Author:** ![sailor](https://avatars.discourse-cdn.com/v4/letter/s/a587f6/32.png) [@sailor](https://boards.straightdope.com/u/sailor)\ **Post date:** [May 25, 2009, 4:16am UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073/88 "2009-05-25T04:16:09Z")
> [@acsenray](#): > > It’s the “you can’t enter into a valid, enforceable contract just by being a smartass jerk” rule. > > Seriously, though. A valid contract requires a meeting of the minds and consideration. The other guy has to be getting something of value (of value to him, that is) in exchange for the hundred bucks. He’s getting me to answer the door which is, obviously, of value to him. > [@acsenray](#): > > All he’s doing is trying to contact you. He can contact me by mail or other means. > [@acsenray](#): > > Under no circumstances would your simply answering the door ever be considered getting something of value, especially since he never got a chance to bargain for it. He can write me or call me on the phone and request an appointment which is clearly stated in the notice. The notice says my peace is valuable to me and I do not want to be disturbed. You can request an appointment but you cannot call unanounced. He never got a chance to bargain? Of course he did. He can write in advance. If a vending machine requests 50 cents for a newspaper is it not valid because I didn’t get a chance to bargain? that’s nuts. You want to bargain you write the publisher. > [@acsenray](#): > > In fact, you’re proposing to actually charge him for even trying to bargain with you, and you can’t do that. People are allowed to try to communicate with you without entering into a contract. Yes, but on my terms. Or can I go knocking on doors at 3 AM? ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [May 25, 2009, 5:17am UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073/89 "2009-05-25T05:17:03Z")
> [@sailor](#): > > He’s getting me to answer the door which is, obviously, of value to him. The barest of human communication is not valuable consideration in contract law. Communication is the _means_ by which contracts are made. And he’s not there to bargain for you to let him knock on the door. He’s there to bargain for something else. > [@](#): > > He can contact me by mail or other means. He can write me or call me on the phone and request an appointment which is clearly stated in the notice. Of course he _can_. But just because he can doesn’t mean he can’t also knock on your door. > [@](#): > > The notice says my peace is valuable to me and I do not want to be disturbed. You can request an appointment but you cannot call unanounced. As long as you have a front door that is approachable from a public street, he can knock on it. He can’t cross a locked gate, but he can bang on the gate. > [@](#): > > He never got a chance to bargain? Of course he did. He can write in advance. If a vending machine requests 50 cents for a newspaper is it not valid because I didn’t get a chance to bargain? that’s nuts. You want to bargain you write the publisher. Or he can also go to the publisher’s office and ask to speak to someone he can bargain with. Just like he can knock on your door and ask to bargain with you. Your sign can’t > [@](#): > > Yes, but on my terms. They are only your _proposed_ terms. He hasn’t accepted them. > [@](#): > > Or can I go knocking on doors at 3 AM? That’s not the same thing. At 3 a.m., a reasonable person should know that people are likely be sleeping. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [May 25, 2009, 8:45am UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073/90 "2009-05-25T08:45:53Z")
> [@sailor](#): > > I have never heard of “being silly” as a valid legal argument. Can I have some cites? Happens all the time. They just use fancy legal words to make it sound better. ---
**Author:** ![sailor](https://avatars.discourse-cdn.com/v4/letter/s/a587f6/32.png) [@sailor](https://boards.straightdope.com/u/sailor)\ **Post date:** [May 25, 2009, 1:14pm UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073/91 "2009-05-25T13:14:12Z")
> [@acsenray](#): > > That’s not the same thing. At 3 a.m., a reasonable person should know that people are likely be sleeping. Except that my notice informs people that I work nights and sleep during the day and informs them that the best time to call and catch me awake is between 3:30 and 4:30 AM so please return at that time if you must but please do not call at other times because I am probably resting. How is that unreasonable? ---
**Author:** ![C\_K\_Dexter\_Haven](https://avatars.discourse-cdn.com/v4/letter/c/b2d939/32.png) [@C\_K\_Dexter\_Haven](https://boards.straightdope.com/u/C_K_Dexter_Haven)\ **Post date:** [April 22, 2011, 12:25pm UTC](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073/92 "2011-04-22T12:25:52Z")
ZOMBIE THREAD ALERT! I’m posting to this, almost two years later, to let folks know that it has become the launch question of a Staff Report: [http://www.straightdope.com/columns/read/2993](http://www.straightdope.com/columns/read/2993) Since it is a zombie, I’m closing it and suggesting that further comments be posted here: [http://boards.straightdope.com/sdmb/showthread.php?p=13716725#post13716725](http://boards.straightdope.com/sdmb/showthread.php?p=13716725#post13716725) [Previous page](https://boards.straightdope.com/t/can-i-do-a-citizens-arrest-on-a-trespasser/497073.md?page=4)