Trespass Warnings Are Big Tools for Private Security www.privateofficer.com

Trespass Warnings Are Big Tools for Private Security http://www.privateofficer.com

Atlanta GA. Nov. 28 2008

BY: Rick McCann
NTL. ASSOC. PRIVATE OFFICERS
http://www.privateofficer.com/ One of the most useful and probably the most effective tool that I’ve used in the security profession has not been my gun or handcuffs or pepper spray, but my pen!Many years ago, I designed a trespass warning system and guidelines that our officers used in ten states to control illegal drug use, loitering, vandalism, thefts, gambling, guns and violence in federal housing complexes as well as apartment complexes, clubs, shopping malls and many other businesses.

The general public is of the mindset that all of these businesses, especially those who heavily advertise for customers such as a department store, restaurant, amusement park etc. are public property and that no one has a right to tell them to leave.R

easonable people of course know that this is not true.

Although these facilities and businesses are open to the general public and they are allowed access and encouraged to come and shop, party, play and relax, they are all private property and under the direct control of the property owner, renter or their agents including security personnel.

While the public is acting appropriately and using the facilities and properties as they are intended to be used and not being disorderly, drunk, committing crimes or causing a ruckus, all is well.However, the minute that any of those things change, the person can immediately be trespassed off the property for a certain length of time should the situation warrant it.

Anyone who has damaged the property, caused a serious disturbance, been prosecuted for a crime, injured a staff member, patron or security officer should be trespassed for an extensive period of time.

Shoplifters, intoxicated persons, loiters, or those involved in minor offenses can also be trespassed at the property agent’s discretion.

ISSUANCE OF TRESPASS

Trespass warnings can be issued verbally or in writing and we always recommend the latter. The key to a good prosecution or defense is a paper trail.

We have designed a Trespass Warning in a format similar to a traffic citation.

There are blocks for trespassers name, address, date of birth, social security number, description and signature.

There is also room to include details of why the person has been trespassed from the property.

We explain the trespass warning to the person being trespassed and provide them with a copy with the reminder that they will be arrested should they return to the property.

With each trespass warning, comes a digital photo of the person which is then stored in a trespass warning computer file as well as a 3 ring binder which is issued to our officers on patrol.

Some states require that the trespass warning be issued by the local police department to be an “official” trespass notice.

So once you have decided to trespass someone from the property, detain that person until police arrive and let them issue the warning as required by their protocols. This is not required of law but to be cooperative with your local police, let the officers follow their department policy.

SIGNS

Some states require signage be posted before any trepass warning or arrest can be made. We strogly suggest that No Trespass Signs be posted at each entrance to the property which clearly state that this is “Private Property” and all violators are subject to arrest.

While signage such as this is not always advisable to customer friendly in common areas such as malls, arcades, nightclubs, etc, keep in mind that it can still be spelled out in a classy fashion by using stencil or lettering on your door glass in a visable location.

This type of signage should also be used for No Skateboarding, no Loitering, No Dumping and other property policy and regulations so that the proiperty owner and agents know that the message has been properly, legally and claerly conveyed and now violators can be dealt with accordingly.

TRESPASS ARREST

Once a person has been issued a verbal or written trespass warning, they are subject to arrest should they return to the property during the period that the warning is valid.

At the time of trespass and if your state statures and employer allows, you may detain or arrest the subject for criminal trespass without further warning.

Should you be called into court on this trespassing arrest, always bring the original trespass warning that was issued, the digital photo that was taken and any incident that may have been written by your department and the police agency regarding the trespass warning.

This will provide solid evidence that the person had been notified not to return to the property and that they were fully aware of the consequences should they re-enter the property.

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