What they didn't have trespass laws???
I have a similar issue. The laws on trespass are originally in common law, and more recently under CODES. Under the codes as an owner if I demand a trespasser to leave and they have no lawful right to possession (read that as a contract verbal or written where consideration was exhanged, etc.) then I can do a private person arrest for the misdemeanor of trespass if they REFUSE to leave on my demand. Still the Sheriff refused to comply with my demand to arrest him. The Sheriff refused to take the trespasser into custody upon my performing an arrest on the trespasser. The Sheriff told the trespasser that he had rights as a resident because he had been there for monthes camping out on a deck.
Of course the Constitutional rights to "possession" of my private property meant nothing.
No need to set a court. The Sheriff is derelict in his duty. The way a Sheriff will arrest you is by asking you questions and having you convict yourself. He could easily asked the trespasser if he had a contract and the trespasser stated openly on video that I have, he had no contract, so....After hearing that he had no contract then he had no lawful right to possession and that should have been enough to seal the deal. Of course the Sheriff could never be sued by the trespasser for removing him, so the real deal is that the Courts want to have control, show everyone they have no rights and charge for their services (filing a civil unlawful detainer action $240) and then you have to pay the Sheriff to enforce a Writ of Possession $150 instead of their just doing their job without a fee for services. Its all about control and money.
