private property trespassing laws?

Discussion in 'Automotive General Chat - Ticket & Recon Advice' started by mr.chewz, Sep 16, 2010.

  1. mr.chewz

    mr.chewz Senior Member

    k, so let's say that it's 12PM midnight, there's a large gathering in let's say a longs parking lot. cop rolls in, kicks everybody out, trespassing right?

    what about for some odd reason the large gathering heads into the longs, granted it's open, can the cops barge in & kick people out from inside?
  2. zff

    zff F1 junkie

    If the property owner wanted him to, yes.
  3. mr.chewz

    mr.chewz Senior Member

    so if the cops recieve no permission from the property owner, what else could they possibly do?
  4. bluehawaii2003HD

    bluehawaii2003HD Look I'm Special Now

    you could have just stayed and fought it in court. If your doing nothing wrong don't worry
  5. kiapolo

    kiapolo I'm not a rapper.

    Depends. It doesn't have to be the property owner to claim trespass, anyone who has right to occupy the property (for example, if you are renting an apartment, you the renter have certain rights to the occupation of the property, etc). Could be anyone with any use rights to the parking lot (not just Longs, but any vendor or other retailer or lessee, etc) has the ability to authorize against trespass. There may be other reasons the cop had, too. Really, you want to make an issue of it, and have to spend your time fighting it just because your friends want to hang out at a Longs parking lot?
  6. theSUPREME

    theSUPREME Detailing Enthusiast

    Haha which location is this. I have a feeling this is related to something I know about.
  7. theSUPREME

    theSUPREME Detailing Enthusiast

    I can kick you out =)
  8. kalihicop

    kalihicop Moderator Staff Member

    That's when the fun begins....just don't let the employee or manager ask people to leave more than once.
  9. kalihicop

    kalihicop Moderator Staff Member

    Plus why push the issue, just go some place else. In the end you may get arrested or cited, car towed, and then given a trespass warning and can not return for 1 year.
  10. anton chigurh

    anton chigurh silver

    wise ass punk kids tryna find some loophole to justify their bs. fukken idiots.
  11. SCCA S2000 #23

    SCCA S2000 #23 Project Manager

    couldn't have said it better.
  12. DEE-JAY


    Good luck finding a loophole if you think 12PM is midnight.
  13. mainstream

    mainstream Nondescript

    if its 12pm midnight, you got some bigger prollems than getting the boot son,...

    you need some pepto to cure your aching opu.
  14. imroadk1ll

    imroadk1ll karma sneaks up to you

    never noticed the 12pm being midnight
  15. mr.chewz

    mr.chewz Senior Member

    so what if the manager/owner isn't around, yet only the employees are. do the employees have any sort of authority to do anything in such a situation?
  16. kalihicop

    kalihicop Moderator Staff Member

    The employees are the representatives...
  17. bluehawaii2003HD

    bluehawaii2003HD Look I'm Special Now

    Don't listen to kalihicop. Just stay there get arrested and state your case in court. I know you'll win!! :D

    You need to stand your ground if you know your right.

    By the way where do you live? FH wants to have a party and is looking for a location.
  18. kalihicop

    kalihicop Moderator Staff Member

    LOL I don't need anymore job security! I have lots already!
  19. dirsh

    dirsh Junior Member

    I lol'd
  20. FHMod12

    FHMod12 Moderator

    Reminds me of the time the security guard "ordered" me to move my bike "right now" or she'd have HPD respond and have me cited for trespass...

    The claim was I was in a no-parking zone (no signage)

    I had just gotten my coffee from Starbucks and was walking outside when this "short-wide" wahine tells me "You have to move your bike NOW" I told her I would move when I was done with my coffee, then we would leave. (There were 2 of us)

    She started to get LOUD, then in my face, screaming at me to move my bike NOW or she'd call the cops... I told her go ahead, I'll wait (then went back to get a refill on my coffee) yes, I was stirring the pot.

    She called 911 for a non-emergency MULTIPLE TIMES... after about 40 minutes an officer shows up... she goes running up to him the like the little snitch saying how she wanted me charged with trespass for refusal to obey an order.

    Officer looks at me, comes over, tells me, you know, you could have just moved the bike... I said I could, but the security guard had some serious issues as he could see.

    I was told that she, acting as the agent for the center management could have me charged with trespass. I told him fine, I want her charged with harassment for screaming at me and being in my face. He says do you have a witness? (There were seveeral, 3 that came forward) He took notes of thier recollections of the events then came back to me and told me this could cost the lady her job.

    I agreed it "could" cost her her job, and she "could" have been more polite to me. I was clearly not breaking any rules, the area, while not a parking stall is a place many people park without being bothered by security... this included fine members of HPD (including the responding officer) To which the officer replied "Thats different" I told him bullshit, improper parking while youre outside a starbucks is NOT "in the officers performance of his or her duties".

    He asked if there was some resolution we could come to that would not result in me being charged with trespass and her being charged with harassment. I said yes, the guard would apologize to me for her improper actions and I would let it go. At first, the guard refused. The officer spoke to her, and another guard who was one of the witnesses and explained where this would lead if she refused to apologize. She relented and came over to apologize, but was still carrying the rent-a-cop attitude. I told her if I felt her apology was NOT sincere she could take the chance with filing trespass against me and see where that would leave her.

    In the end, she apologized, I thanked the officers for responding and apologized for taking thier time.

    I also wrote a letter of complaint along with an incident report to the center management, and the security firm. The security firm tried to deny allegations, but I also had witness information to corroborate my claim. The guard was disciplined (dont know to what extent, as I still see her there) and the center management gave me some gift certificates to "help ease the pain".

    Had the guard been respectful we would have gladly moved with no issues... but if you want to play hardball, be ready for the response.

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