Consider the following hypothetical scenario: Victor parks his vehicle in some public place and leaves it temporarily. During his absence, Ignatz notices the vehicle is unlocked and enters it. When Victor returns, Ignatz refuses to leave the vehicle, but does not prevent Victor from driving or otherwise moving it with Ignatz still in it.
My questions (and my own personal speculations) are as follows:
[li] Has Ignatz committed any crime?[/li]I don’t think he has committed theft, since he has not taken the vehicle away and is not preventing Victor from doing so. I don’t think he’s committed vandalism or malicious mischief, since he hasn’t damaged or destroyed the vehicle.
[li] Has Ignatz committed any civil wrong?[/li]I figure that, at least in common law jurisdictions, he has probably committed something like trespass to chattels here, since by occupying the vehicle, Ignatz is interfering with Victor’s full rightful enjoyment of it.
[li] If there is no crime, is the only legal way Victor can force Ignatz to leave the vehicle to sue him in court and get an injunction?[/li]If so, who would be responsible for enforcing the injunction? That is, would the court order allow Victor to personally eject Ignatz from the vehicle? Or would Victor need to get a bailiff to do so on his behalf?
I realize that answers will vary depending on the jurisdiction, so please let me know which jurisdiction your answer applies to.