I go to a gas station every day to buy a pack of smokes and a coke. I like to sip my coke outside a few feet of the door (but not blocking foot traffic, wearing decent clothes, not harassing customers) and have been repeatedly asked to leave each time after I complete my purchase. They haven't asked me to not come back, but to just leave the property after I buy my soda and cigarettes. Is there a certain amount of time that I have before it's considered loitering or trespassing? The main issue is...it's a 10 minute walk in the heat and I'd like time to have some of my soda before being back on my feet. Would I be able to claim that I need a reasonable amount of time to rest before vacating the property? If not...there seems to be a gray line. Can a person be arrested for trespassing for not sprinting off the premises? For not driving the maximum speed limit away from premises if they're in a vehicle? Would be curious to see a lawyer's opinion on this....
Don't stand so close to door. Stand by your car or away from main entrance
ANDREW ROBERTS CRIMINAL, DUI AND TRAFFIC TICKET DEFENSE ATTORNEY
You have no right to stay after they ask you to leave the property. You would not be able to claim you NEED to stay for any reason. The fact that they are welcoming your business prior to telling you to leave certainly gives you a viable defense, but you could be arrested and forced to present that defense to a judge. Having a defense does not prevent you from being arrested.
I think you do what they ask. Make your purchase and move along. Don't just hang out there sipping your soda. Take it home and enjoy with a glass of ice.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Could you be arrested for trespass? Yes. Once asked to leave, you must leave or you're subject to being arrested.
Do I think a DA would ever file criminal charges against a customer who hung around for 10 minutes after spending money? I don't.
There has got to be more to this story. You go to the same store every day and they happily sell you products, but every day, they want you to leave?
Again - your interpretation may be 100% accurate, but from their perspective you're doing something that makes you not welcome to hang out.
You can continue to do your routine and risk having to deal with defending yourself from chicken-S*** charges
Make your purchase and leave
Vote with your wallet. Find another store that wants you as a daily customer.
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