Expert: Robin Sexton - 7/26/2008

Question
I am A security guard for A private school.  I ask A person to leave, because he is not conforming to the schools protocol.  He doesn't leave.  I call the police, and they tell the person to leave, and he leaves.  Has the person trespass by not leaving at my request.  Thank You.

Answer
Jack,

Probably yes,  however each state has different variables in their laws.  Also in the laws governing police arrest in misdemeanors and private security authority.  In most jurisdictions a police officer can not arrest for a violation not committed in their presence, there are exceptions.  When they arrive and the person leaves, no violation.  If they return at a latter date it would be.  It could still be a violation just on your statement but the police may have to seek a warrant because it was a misdemeanor not committed in their presence.

Hope that wasn't to confusing


Robin