Trespass Letter of Consent
What is a Trespass Letter of Consent?
A Trespass Letter of Consent is a document that allows a police officer to immediately act on your behalf, and take enforcement action against a person trespassing on your private property without first contacting you.
Police officers do not normally have the authority to go onto private property, which is not open to the public, and remove individuals or direct them to leave without the consent or authority of the person legally responsible for the property.
If an officer observes someone on posted private property, or a problem is reported by someone who does not have the authority to sign a trespass complaint, the police department must typically contact the person who is legally responsible for the property before taking enforcement action. This is often a problem during nighttime hours, or after-business hours. Property owners/managers are often reluctant to answer their phones or drive to their property at 2 a.m. to sign a trespass complaint. This form alleviates that need.
What happens if police arrest someone based on my signed letter?
In some cases, officers are able to resolve trespass complaints without arresting the involved person. However, there are situations where the officer has no choice but to cite or arrest an offender. In those instances, you will be expected to be available for any resulting court action.
What is the law regarding trespass?
Generally, a person commits the offense of Criminal Trespass if the person enters or remains unlawfully in or upon premises when such premises are not open to the public; or the person fails to leave premises that are open to the public after being lawfully directed to do so by the person in charge. Refer to Oregon Revised Statutes (ORS) 164.245 and 164.255.
How do I put a letter on file?
If a Trespass Letter of Consent would be helpful to you, complete the online form below.
In addition to your consent letter, your property must be posted with ‘No Trespassing’ signs. Signs may include the Trespass authority under ORS 164.245 (property) or ORS 164.255 (building/dwelling). These signs should not include any language specific to loitering.
What happens next?
Should an officer respond to your property, the trespass file is available for officers to quickly determine if there is a current letter on file. The officer can then take appropriate action.
What happens if I change my mind or sell my property?
If the status of your property changes in any way, we ask that you notify us in writing of your desire to terminate the trespass letter. This termination notice can be faxed to 541-928-6692 or delivered/mailed to:
Community Resource Unit Supervisor
Albany Police Department
2600 Pacific Boulevard SW
Albany, OR 97321
What if my property is a multi-dwelling complex?
A trespass letter is generally ineffective for multi-dwelling complexes. A resident may “invite” whomever they choose to visit them at their residence; however, land-lords/property managers are encouraged to post all of their property entrances with signs that identify who may be on their property; e.g. “No Trespassing except tenants and invited guests. Police welcome.”
How can I minimize property damage and theft?
- Post “No Trespassing” signage
- Install motion-activated lighting
- Provide on-site supervision
- Install video surveillance
- Maintain property with low or no brush/tall grass
- Install locks/gates/fences
- Join our Neighborhood Watch Program
- Repair damage and graffiti immediately
Oregon Revised Code (ORS) 164.245 & 164.255
164.245 Criminal trespass in the second degree.
(1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.
164.255 Criminal trespass in the first degree.
(1) A person commits the crime of criminal trespass in the first degree if the person:
(a) Enters or remains unlawfully in a dwelling;
(b) Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;
(c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or
(d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.
(2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:
(a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;
(b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and
(c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.
Definitions: As used for ORS 164.205 to 164.270
(A) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.
(B) “Person in charge” means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. “Person in charge”includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.
(C) “Premises” includes any building and any real property, whether privately or publicly owned.
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Communications Section
Communications is the first line of communication between citizens and patrol officers. Communications Specialists are responsible for receiving emergency and non-emergency calls for service along with other requests for police assistance. Communication Specialists gather and relay crucial information to assist officers in the field with their response and investigation.
When to call 9-1-1:
Call 9-1-1 in cases of emergency. An emergency is defined as; a serious, unexpected, and often dangerous situation requiring immediate action. Examples:
- Domestic Violence
- Physical Fight
- Injury Car Crash
- Theft in Progress
- Suspected DUII driver
- Fire/Medical problem
- Any crime that is currently happening
If ever in doubt and in need of immediate assistance, call 9-1-1.
When to call the APD non-emergency line (541-917-7680):
- Crimes that are not in progress (happened last night, happened last week)
- Civil issues
- To contact an officer about a previous call for service
Other Resources
- Linn County Sheriff’s Office
541-967-3950
http://www.linnsheriff.org - Benton County Sheriff’s Office
541-847-5100
https://sheriff.bentoncountyor.gov
What information should I have ready when calling APD for assistance?
Citizens calling APD for assistance should expect to provide different information depending on the issue they are experiencing; however, some general information will be consistent across all types of requests. Citizens should expect to provide:
- Address or location of the crime
- Name
- Phone number
- Home address
- If not occurring now, date and time crime occurred
- Suspect information (i.e. name, physical description, clothing description, direction of travel)
- If crime was a theft; property that was taken along with serial numbers if available
- If crime was a theft of motor vehicle or theft from motor vehicle; license plate number of vehicle
What should I do if I come home and my house or vehicle has been broken into?
Above all else, your safety is our first concern. If you are unsure if the suspect is still inside of the house or vehicle, you should:
- Remove yourself from the potentially dangerous area
- Call 9-1-1 for assistance
- Wait until officers respond to clear the location and take a report
If you have entered the house or vehicle and are positive the suspect is not present:
- Call the Albany Police Department non-emergency line: 541-917-7680
- Minimize contact with objects the suspect may have touched
- Start to develop a list of items that may have been taken from the location
- Wait for an officer to respond and take a report
Do I need to call APD if I get into a car crash?
- If parties involved are willing to exchange insurance information and the crash is non-blocking/non-injury, you do not need to call the police.
- Parties simply need to exchange insurance information and contact their insurance providers.
- If the damage to any property involved in the crash exceeds $1,500 in value, parties also need to submit a crash report with Oregon Department of Motor Vehicles (DMV).
Interested in working for Albany Police Department Communications?
The APD Communications Center is comprised of one supervisor and ten communications specialists, two of whom are communications training officers. Communications specialists work four ten-hour days and are responsible for providing dispatching services twenty-four (24) hours a day, seven days a week. Each communication specialist rotates schedules every two months and all shifts are assigned based on a rotation schedule. Communications Specialists are allowed to trade shifts, with supervisor approval, to accommodate the demands of life.
Hiring Process
The Communications Center strives to serve the community as quickly and efficiently as possible. To do this, we need quality applicants who are up to the challenge to meet the demands of the profession each and every day. APD has a quick and demanding hiring process. Applicants should be prepared to submit a high quality application, and participate in; a five-minute interview, a CritiCall pre-employment test; a panel interview; a background investigation; and psychological and medical evaluations.
Training Process
Once hired, a new trainee can expect to attend a two-week Department of Public Safety, Standards & Training (DPSST) academy in Salem. Trainees are assigned a training coach and will work directly with their coach on their shift, sharing the same days off. Trainees will be put through a demanding three to four months of on-the-job training in emergency and non-emergency call taking and police dispatching. Trainees will receive daily performance reviews and supervisor reviews to ensure that they are aware of job performance and training needs. Once employees have mastered the basic skills needed to successfully perform the job duties on their own, they are released from their coach and monitored for the rest of their eighteen-month training period.
Ready to apply?
If this sounds like the job for you, please visit the City's jobs website to see if there are any positions currently available.
If there are no positions available, fill out a job interest card and get notified when one opens.
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Crime Prevention
Caring for Your Children
Code Enforcement
Graffiti Removal
Home Security Survey
Home Security System Alarm Permits
Neighborhood Watch Program
National Night Out
APD Drug Drop-Box
Programs for Schools
Programs for Seniors
Protecting Your Vehicle
Vehicles Parked Illegally or Abandoned
Bike Helmet Law
Motorized Scooters
Pedestrian Safety Enforcement
Seat Belt Law
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National Night Out
National Night Out celebrates our Police-Community Partnerships. Albany Police Department's commitment to community policing must include you, the community. National Night Out is held annually on the first Tuesday in August. This year's events are scheduled for August 5, 2025 from 5:30 until 8:00 p.m.
Residents of Albany are asked to lock their doors, turn on outside lights and spend the evening outside with neighbors. Neighbor knowing neighbor is one of the most effective ways to prevent crime. Local law enforcement and Albany Fire Department will briefly visit with residents of many of the neighborhoods registered.
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Crime Prevention Through Environmental Design (CPTED)
Crime Prevention Through Environmental Design (CPTED) studies ways to design physical spaces to reduce undesirable behavior and crime through focus on:
- A Physical Environment: This could be a building, a park, an office, a street, etc.
- Resulting Behavior of People: Some locations seem to inspire rowdy behavior; other locations encourage calmer behavior.
- Using Space More Effectively: How can the space be redesigned to encourage desirable behaviors and discourage undesirable behaviors?
- Crime/Loss Prevention: These tend to be byproducts of the redesign, rather than primary targets.
For more information, contact:
Kris Schendel
541-917-7680
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Negative |
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The fencing defines the site, thereby controlling access to the property. It also allows for strong natural surveillance. |
Trees with low limbs and tall shrubbery create hidden spaces. Trim trees up to 6 feet and shrubs down to 2 feet to create good visibility on a property. |
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The managers of this convenience store maintain natural surveillance by keeping the windows clear of posters and ads. |
A would-be criminal may see this store as an easy one to rob because ads in the windows almost completely obscure the view inside. |
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A potential criminal is less likely to attempt a crime if he or she is at risk of being observed. |
Little or no maintenance is taking place on this property, creating an image or sense that a person can do anything here and get away with it. |
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A good example of Territorial Reinforcement through the use of lighting. |
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