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Criminal Law/No Trespass in Southern Maryland
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Question
A friend of mine, my daughter and I were walking around WalMart. I was letting my daughter play with the toys so I could get a feel of what she wanted for Christmas. He handled some business at Customer Service and I bought a hat. Then we left. I took my friend home and then my daughter and I went home. Not even 30 minutes after I get home there were two cops at my front door. They were asking about my friend (a black male) and wanted to know what happened at WalMart. I told them everything that happened (stated above). The cop said that the manager at WalMart called and told them that we were using my daughter to conceal WalMart Property. That they got my address by looking up my tag number that was caught on Security camera. Please keep in mind that we were never stopped at the door when we were leaving. The cop then wrote out a No Trespass Order with all of my information on it and said that he was taking it to WalMart. He never gave me any paperwork. The cops never gave my friend any paperwork either. The cop gave us "verbal no trespass warnings". Is this a legal situation? If so then what do I do? I have spoken to 4 different managers that were on duty that night including loss and prevention. Everyone that I have spoken to have all said "I know nothing of this" and "you need to speek with..." They have all said "let me get your number where you can be reached" I still haven't heard from anyone. Please help me.
Dear Krystal,
It is true that a private business can exclude anyone from their premises for infractions, real or imagined. In short it is a legal situation.
Instead of going back to WalMart where you could find yourself in transgression of the criminal trespass order I would suggest obtaining a copy of the incident report from the police officer and police department that responded to your residence that evening.
That way you would know for sure if the criminal trespass order was generated by WalMart and if you will be prosecuted if you return.
I hope this information is useful to you. Best of luck.
JP
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Answers by Expert:
Jeffrey-Peter Hauck
Expertise
I would welcome the opportunity to answer questions relating to or related to the field of criminal law. I possess the experience and education necessary to answer your concerns or to point you in the right direction. I appreciate your confidence. Thank you!
Experience
Adjunct professor of criminal justice and political science teaching the courses of "criminal law," and "constitutional law" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development." 8 year veteran of the United States Army. Rank of Staff-Sergeant (E-6). Held positions of Platoon Sergeant, Asst. Platoon Sergeant, Squad Leader, Fire Team Leader, Supply Sergeant, and Liaison NCO at staff officer level. Military Occupational Specialty (MOS) 11BPF7, Airborne Infantry NCO Soldier & Pathfinder. Cross trained into the field of supply (76Y) and administration (71L). Completed PLDC, BNCOC, and ANCOC leadership courses. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer in the U.S. Army Reserve.
Organizations
ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU), among others.
Publications
Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright, among others.
Education/Credentials
Doctor of Jurisprudence (J.D.), Widener University School of Law. Harrisburg, PA. Graduate of the Law and Government Institute of Widener University School of Law. Certification in Law & Government. Harrisburg, PA. B.A. Criminal Justice, DeSales University. Center Valley, PA. Certified Legal Assistant & Paralegal, Blackstone Career Institute, Allentown, PA. Licensed Private Detective, Lehigh County, Pennsylvania. Certified Special & General Law Enforcement Academy Educator/Trainer Pennsylvania Municipal Police Officers’ Training And Education Commission (MPOTEC). Certified Law Enforcement Trainer (CLET) Certification, American Society for Law Enforcement Training (ASLET), Frederick, MD. Municipal Police Officer Certificate of Training & Licensure (Act 120), Police Academy Training. PA Certified Act 235 Lethal Weapons Instructor in Academics, Firearms, and Skills training, among others.
Awards and Honors
United States Army Meritorious Service Medal. United States Army Commendation Medal, awarded twice. United States Army Achievement Medal, awarded four times. United States Army Good Conduct Medal. United States Army Expert Infantry Badge. United States Army Parachutist Badge. Government of Honduras Parachutist Badge. United States Army Air-Assault Badge. United States Army Pathfinder Badge. American Police Hall of Fame’s “Legion of Honor Award for Line of Duty Injury.” Venerable Order of The Knights of Michael The Archangel, “Knight Chevalier Award.” American Police Hall of Fame’s “Honor Award.” The John Edgar Hoover Memorial Gold Medal for Distinguished Public Service Award. American Police Hall of Fame “Long and Honorable Service Certificate.” American Federation of Police and Concerned Citizens’ “George Washington Second Amendment Gun Rights Award.” American Police Hall of Fame “President’s National Medal of Patriotism.” Widener University School of Law “Dean’s Honor List.” International Tae Kwon Do Union’s (ITU) World Wide Martial Arts Hall of Fame Award for “Assistant Instructor of the Year,” 2002. “Who’s Who Among American Law Students,” 22nd Edition, 2002 Recognition Award. World Karate Union Hall of Fame, “Instructor Of The Year For Police Control Tactics & Self-Defense,” 2004, among others.
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