Police Chief: Being Homeless Isn’t A Crime

Cheyenne Police Chief Brian Kozak says that while his department often gets complaints about homeless people and others "hanging out" in downtown Cheyenne, there isn't much police can do unless a crime is committed.

The chief says transients have the same constitutional rights as anyone else, and simply remaining in a public area isn't grounds for an arrest or citation. He says if people are asked to leave private property, such as a business, and refuse to do so than police can take action. Police also can and do make arrests for public intoxication.

Kozak says police can arrest someone for panhandling only if they are interfering with traffic, which is a violation of state law.

But he says loitering laws only take effect when a crime is committed, not simply because someone remains in an area for a while, as long as the area isn't private property.