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  • #61
    Originally posted by Andy Taylor View Post
    A lot has to do with who you work for, what post you are assigned to, and in what jurisdiction you operate in.

    For instance I have worked a post that was clearly marked "No Tresspassing". If a tresspasser were on the property I was to give them one warning then if they did not leave imediatly I was to arrest them for said crime. Those were my post orders and under California law completely legal. This may not be have been legal in some other states.
    Isn't that what Mr. Christman said? You had post orders to arrest. If you did not have those orders you should not have been arrresting, right?

    By the way, you giving a tresspass warning does not constitute a legal warning under California law. A tresspass warning much be issued by a law enforcement officer. So arresting prior to the person receiving the warning could make the arrest illegal.
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    • #62
      My reading of the California Penal Code § 602 (n) makes refusing to leave property not open to the general public after being requested to leave by a (1) peace officer OR (2) the owner, his/her agent (e.g., a security guard hired to protect the property) or a person in lawful possession a misdemeanor. Under PS § 837 a private person may make an arrest for a public offense committed or attempted in his presence. Thus, as I read these statutes a security officer, provided his employler authroizes such action, may arrest a trespasser upon that persons refusal to leave after being requested to do so. These same statutes are utilized to issue "Banning Notices" given to some shoplifters by store security agents noticing them they are subject to arrest for trespassing if they return to the store within a stated period of time.

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      • #63
        Rarely have I seen a state require that a law enforcement officer tell someone to leave before it becomes trespassing. This would mean that a property owner could not remove someone from their property (as they are not trespassing till the police tell them to leave), nor could they bar access to anyone.

        These are fundamental property rights that owners have.
        Some Kind of Commando Leader

        "Every time I see another crazy Florida post, I'm glad I don't work there." ~ Minneapolis Security on Florida Security Law

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        • #64
          In Canadian provinces without a provincial Trespass to Property Act (like Québec) we can not arrest for simple trespass, nor can the police. You can "use the force necessary" to remove them but I have done this all night long with one homeless person. He simply kept walking back into the hotel. The only way he could be arrested was if he "actively" resisted being thrown out, then it's Assault by a Trespasser.
          I enforce rules and regulations, not laws.
          Security Officers. The 1st First Responders.

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          • #65
            Originally posted by N. A. Corbier View Post
            Rarely have I seen a state require that a law enforcement officer tell someone to leave before it becomes trespassing. This would mean that a property owner could not remove someone from their property (as they are not trespassing till the police tell them to leave), nor could they bar access to anyone.

            These are fundamental property rights that owners have.
            While I do not debate your point, as such is valid. I do know that in Denver, Colorado the police tend not to do anything such as arrest or issue a summons until after the suspect has been told to stay off property. The premise being is that it is then a 'lawful order' by a sworn peace officer, rather than a private order. But then, Denver has a particular mentality that believes it is a state unto itself.

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