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Is this trespassing, intimidation or false imprisonment?

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  • Is this trespassing, intimidation or false imprisonment?

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  • #2
    Re: Is this trespassing, intimidation or false imprisonment?

    I wish to inform you that trespass charges are framed when a person enters into a premises without consent of the owners. Similarly false imprisonment charges are framed when a person is kept within a bounded area without any justification. If you intend to take criminal action then you can file charges for wrong done to you. If you desire to take civil action then lawsuit for compensation can be filed. In your case, you can first give a written notice to the other party for taking necessary action and resolving your grievance. If your grievance is not resolved then a lawsuit can be filed.

    AFF

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    • #3
      Re: Is this trespassing, intimidation or false imprisonment?

      Thank you for the timely and knowledgeable response. It is a shopping mall where the public can come and go, with or without consent. Like I stated, not once was I threatened with arrest or that I wasn't even welcome back, so would that be a defense on my part if in fact I were to ever get arrested there?

      The false imprisonment happened about a year ago, I believe too much time has passed to take action against any parties, unless I'm incorrect?

      If I were in fact to file criminal charges against them, what exactly can I claim they have done?
      Same for civil, what can I claim?

      Comment


      • #4
        Re: Is this trespassing, intimidation or false imprisonment?

        It appears you have been advised to not return to the property. Doing so, will cause you to be subject to arrest, based on the testimony of the guard advising you of such. It appears what they are doing is dealing with a child who grew up physically, but not mentally. Having banned you from the premises, they no longer are subject to playing your little games. Further, I suggest your psychological trauma is more likely caused by other recreational activities you engage in, as what you describe happening at the mall, appears to simply be an adult throwing a tantrum.

        "Enter or remain unlawfully." A person "enters or remains unlawfully" in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person.
        § 140.05. Trespass. A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises. Trespass is a violation.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Is this trespassing, intimidation or false imprisonment?

          Originally posted by Disagreeable View Post
          It appears you have been advised to not return to the property. Doing so, will cause you to be subject to arrest, based on the testimony of the guard advising you of such. It appears what they are doing is dealing with a child who grew up physically, but not mentally. Having banned you from the premises, they no longer are subject to playing your little games. Further, I suggest your psychological trauma is more likely caused by other recreational activities you engage in, as what you describe happening at the mall, appears to simply be an adult throwing a tantrum.
          Once again, I have not been advised NOT to. What part of that don't you understand? He did NOT tell me NOT to come back.

          Actually it's the other way around when all I ever did was mind my own business and payed them no attention, and not commit any such offense or policy violation. Rather, it's some girl I don't even know, hatred towards my friend and I for some unknown reason. No games were ever intended, if they truly told me NOT to come back, I would have listened as I am an adult, otherwise I went back.

          Far from a tantrum, more like I don't let people walk all over me and don't deal with childish bull**** such as their actions towards me. I will stand my ground when I feel I have been wrongly done.

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          • #6
            Re: Is this trespassing, intimidation or false imprisonment?

            "enters or remains unlawfully" - When I was asked to leave, I left. If I was told not to enter, I wouldn't have.

            Comment


            • #7
              Re: Is this trespassing, intimidation or false imprisonment?

              Good luck with that argument, when you are talking to the judge. I'm not the one you need to convince, nor am I the one who will have a criminal record for life by interpreting things the way you choose to.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment


              • #8
                Re: Is this trespassing, intimidation or false imprisonment?

                Originally posted by Disagreeable View Post
                Good luck with that argument, when you are talking to the judge. I'm not the one you need to convince, nor am I the one who will have a criminal record for life by interpreting things the way you choose to.
                So what you're saying is that any one who enters that shopping mall can be arrested for no reason at all, just because it's private property open to the public.....? Doesn't really make much sense if you ask me.

                Comment


                • #9
                  Re: Is this trespassing, intimidation or false imprisonment?

                  Originally posted by Omega3344 View Post
                  So what you're saying is that any one who enters that shopping mall can be arrested for no reason at all, just because it's private property open to the public.....? Doesn't really make much sense if you ask me.
                  If a person with authority claims to have told them not to come back or to leave and they refused, Yes.
                  Due to a recent promotion, I should now be referred to as Major Obvious.

                  I would not be trying to provide information and knowledge if I did not sympathize.

                  Some days it is just not worth chewing through the restraints to face life.

                  Comment


                  • #10
                    Re: Is this trespassing, intimidation or false imprisonment?

                    But they did not, along with I did not refuse to leave, I was already in the process of leaving twice when they came up to me. I just don't get what their problem is with me, I really don't.

                    I'm just so confused and wanted to know the specifics of the laws and such just to be sure.

                    Comment


                    • #11
                      Re: Is this trespassing, intimidation or false imprisonment?

                      Originally posted by Omega3344 View Post
                      But they did not, along with I did not refuse to leave, I was already in the process of leaving twice when they came up to me. I just don't get what their problem is with me, I really don't.

                      I'm just so confused and wanted to know the specifics of the laws and such just to be sure.
                      I posted the specifics. It is a misdemeanor. Stop and think about this logically, all sarcasm aside. You know that mall is targeting younger trouble makers. The security guards have been given some measure of authority to detain/harass young people. Do you really want to risk your future employability on the honesty of a few frustrated, underpaid rent-a-cops that already have it out for you? There is nothing in that mall you cannot buy elsewhere.
                      Due to a recent promotion, I should now be referred to as Major Obvious.

                      I would not be trying to provide information and knowledge if I did not sympathize.

                      Some days it is just not worth chewing through the restraints to face life.

                      Comment


                      • #12
                        Re: Is this trespassing, intimidation or false imprisonment?

                        Originally posted by Disagreeable View Post
                        I posted the specifics. It is a misdemeanor. Stop and think about this logically, all sarcasm aside. You know that mall is targeting younger trouble makers. The security guards have been given some measure of authority to detain/harass young people. Do you really want to risk your future employability on the honesty of a few frustrated, underpaid rent-a-cops that already have it out for you? There is nothing in that mall you cannot buy elsewhere.
                        That is true, however as you stated before they must tell you not to come back, which they didn't. And I've never had any issues with them other then these incidents. But with that aside, I probably won't go back there for a while, as there are other shopping malls else where, even though they're some ways away. I don't really need to go there anyways. However, I am not a young trouble maker, rather an adult, so I don't see why they would single me out besides the fact that that unknown girl has issues with us, but who knows. She's fat and ugly and probably gets no attention so maybe that's her way of getting it, and the rent-a-cops were losers in high school, and still are, and will probably get no where so I'm not stressing over this anymore. Thanks for the response.

                        Comment

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