Security Guard Vs Private Property

Asked over 1 year ago - 10021

We have this security guard hired by shopping center owner. He sometimes wear uniform, sometimes not and he might be off duty cop. Not sure.

Anyway, since he started working in that shopping center, he got things straight out and kick out many people. For example, if the sign says "No Smoking" on side walk in front of stores, he will come to you and he says, sir I am security and the sign says no smoking, please move on, and IF YOU DON'T he will call for back up and LOTS of cops show up and banned you (Tresspass) by county police.

That what happened to my friend. Can they legally do that? For just small reasons like this banned you from the shopping center?

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . The mall is private property so they can ban you for not following the rules.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Michael Lewis Marley

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . Private property is just that, private. You are permitted to be on this private property is you abide by the rules and or regulations. Obviously a security officer does not have the broad powers of a policeman but he can ask you to keep it moving.
    Why is this so important to you in the bigger scheme of life?

    Law Office Of Michael Marley
    Phone 917 853 4484

  3. Carmine John Giardino

    Contributor Level 14

    2

    Lawyers agree

    Answered . If you don't already have a lawyer, hire one to help you. The law is complex and there may be things that can be done that you didn't know about. Good luck!

    If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and... more
  4. Michael Douglas Shafer

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes. It is private property.

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