Q: I refuse to leave a store when told to by their security. I'm I trespassing?
I entered a store during regular business hours and was ordered to get out of the store by one of their security guards. I refused to leave because I had not violated any of the stores rules. I told the guard that i was going to get a item to purchase ,and then I simply just walked away from the guard. As I left he said I need to "hurry" up and get the item. After I got the product, I walked to the cashier. As I was waiting to purchase the item, I was again confronted by that guard and two other guards. The guard grabbed the item from me, and the three of them forced me to the ground. Then they put handcuffs on me. I was brought to the security office and was told that the police had been called. They said I was trespassing because i did not leave the store when directed by the guard. They searched me and my belongings. I was held for 2 hours. They let me go after giving me a "notice of trespass". The police never arrived. Was I trespassing? Did they have a right to handcuff me?
A: You were on private property without permission. You were trespassing.
Leon Bayer agrees with this answer
A: Get over it. You were trespassing, and you were completely in the wrong.
A: It could be presented as a case of trespass. You could consult with an attorney to examine the entire circumstances more closely, whether through videotape, eyewitness accounts, etc. Good luck
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A:
Under California law, the concept of trespassing involves entering or remaining on someone's property without permission. In a retail setting, customers generally have implied permission to be in the store during business hours. However, this permission can be revoked by the property owner or their representative, such as a security guard. If you are asked to leave and refuse, you may be considered as trespassing.
The actions of the security guards in physically restraining you and handcuffing you raise legal questions. Security personnel have certain powers to detain individuals if they have reasonable belief that a crime has been committed. However, the use of force and the manner of detention must be reasonable and proportional to the situation. If you believe your rights were violated, you may wish to consult with an attorney to discuss the specifics of your situation and explore potential legal actions.
Remember, each situation is unique, and the legal implications can vary based on the specific facts and circumstances involved.
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