By Alliance Police Department
ALLIANCE, Neb. - The Alliance Police Department is issuing this public statement to clarify the proper role of law enforcement in trespass-related matters on private residential and commercial property. Recent questions from residents and business owners highlight the need to clearly distinguish between civil property issues and situations that require police involvement.
Trespass on private property, whether at a residence or a business, is generally a civil matter between the property owner and the individual being asked to leave. A criminal violation occurs only when a person refuses to leave after being properly notified or returns after being lawfully barred.
Private Residential Property
Homeowners and renters have full authority to decide who may be on their property. Issuing a trespass notice is a civil action, and property owners must deliver these notices themselves.
The Alliance Police Department will not:
- Trespass an individual solely because a property owner requests it,
- Locate or “track down” a person to deliver a civil trespass notice, or
- Involve itself in routine personal disagreements or civil property disputes.
Officers will respond if a person is currently on the property and refuses to leave, if a situation becomes unsafe, or if a crime is occurring.
Residents who feel threatened or fear harm from an individual should consider seeking a protection order, which provides enforceable legal safeguards and is the appropriate tool for ongoing safety concerns.\
Businesses and Commercial Property
Businesses maintain the right to remove individuals who violate rules, cause disturbances, or refuse to leave. However, the responsibility to issue a trespass notice rests with the business owner or authorized staff—not law enforcement.
The Alliance Police Department will not:
- Issue trespass notices on behalf of businesses,
- Search for or locate individuals to give them notice, or
- Serve as private security or manage civil commercial disputes.
Officers may respond when a person refuses to leave, when a disturbance is occurring, or when documentation is needed as a business issues its own trespass notice.
Statement From the Chief of Police David Leavitt
“Over the years, it became common practice in Alliance for officers to issue or deliver trespass notices on behalf of residences and businesses. While well intentioned, this practice falls outside the scope of a police officer’s duties and does not align with current best practices in modern policing. It is inappropriate for officers to involve themselves in civil processes or property-management functions that are the responsibility of private parties.
Our officers will always respond when safety is at risk or when a person is actively refusing to leave. But we cannot intervene in purely civil matters or deliver civil notifications. If someone feels threatened or fears bodily harm, I strongly encourage them to pursue a protection order through the court system, which offers proper legal protection.
The Alliance Police Department is committed to protecting the community, respecting individual rights, and ensuring our officers’ time and training are used in accordance with their lawful duties.”