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Is dumpster diving in a private gated apartment complex in Rancho Cucamonga a city violation? can I sue the two security guard?

Rancho Cucamonga, CA |

Security guards called police after seeing me leave dumpster area didn't see me diving accused me of diving. Security made me sit on asphalt in front of garages with lights on me, then searched me said I was trespassing and was going to jail. I asked several times to see some sort of credential saying they were in fact security. One of them said that he has more authority in complex then a police officer. Asked several times to see something stating he has the right to detain me, he said he didn't have to, asked if that was a real gun was told to stop asking stupid question. I told him he was violating my civil rights ,he then said to practice my 5th amendment and shut up. I got up to leave and was blocked by security guard with his body said he would hand cuff me if I didn't sit down.

Attorney Answers 2


  1. Private security guards cannot violate your civil rights. You may have been trespassing.. They can detain you until police come... As for the search or some of the other things, you probably ought to see an attorney.

    This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.


  2. I concur with the previous answer. Private security detaining you does not trigger any constitutional rights violations. If you were arrested and are facing trespass charges, you should consult with a criminal defense attorney to discuss possible outcomes in court.