Why you shouldn't argue when you've been caught carrying in a posted business...

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cktad

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It's not a fine if you simply get caught, it's after you refuse to leave and a peace officer is summoned.
So it's a fine is for trespassing if you refuse to leave, that's how I always understood the law. You said earlier it was just a citation and not for trespassing.
 

cktad

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Not a fine if you get caught, you will be asked to leave. IF you refuse to leave and police have to arrest you for trespassing, it is a $250 fine.

Many chain restaurants post because it is company policy, not the individual managers opinion, many do not care one way or the other.
That's the way I always understood the law. KOPBET seemed to say it was just a citation and not for trespassing which confused me.
 

sanjuro893

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Read the SDA Book. Does it mention arrest for trespassing?
Nope. Just says may issue a citation not to exceed $250 for violating subsection A which is:
1. Any structure, building, or office space which is owned or leased by a city, town, county, state, or federal governmental authority for the purpose of conducting business with the public;
(2 and 3 deal with federal buildings, courts, schools, etc. and are covered in another subsection)
4. Any publicly owned or operated sports arena or venue during a professional sporting event, unless allowed by the event holder;
5. Any place where gambling is authorized by law, unless allowed by the property owner; and
6. Any other place specifically prohibited by law.

But if I've called the police to have somebody removed from PRIVATE PROPERTY because they refuse to leave, that's criminal trespass. You CAN be arrested for that. Confirmed it with OCPD Lt. today. In addition to the fine, the OSBI can revoke or suspend your SDA license.
 

KOPBET

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You can give it any definition you like but the statute clearly states the initial offense is non criminal, and the summoning of a peace officer for refusal to leave is a civil fine (eg infraction) not to exceed $250.
 

sanjuro893

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You can give it any definition you like but the statute clearly states the initial offense is non criminal, and the summoning of a peace officer for refusal to leave is a civil fine (eg infraction) not to exceed $250.
Okay. No big deal then. Yall just keep doing it. Hell, its not even criminal.
 

MacFromOK

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I would love for my business to get to that point. It's gotta be done in baby steps, though. I've made progress over the years but there are people who will simply never be convinced.
Make sure they realize that criminals also watch for gunbuster signs when selecting a business to rob/plunder during business hours.

The most common response I get on this point is, "I never thought of that..."
:hithead:
 

sanjuro893

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Wait a minute.... KOPBET you're not a fat old guy who wears glasses and a desert khaki tactical vest thats too short to cover your glock, are you?
 

sanjuro893

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Make sure they realize that criminals also watch for gunbuster signs when selecting a business to rob/plunder during business hours.

The most common response I get on this point is, "I never thought of that..."
:hithead:
I told them that. It makes us a target. They just said, "but thats why we have YOU. Here, have a raise!"
(Actually they didnt. I'm completely unappreciated in my time.)
 

Ace_on_the_Turn

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Interestingly enough a couple months ago, i had a clerk in a loca store across the border in TX ask me to hang around till the police arrived as they had a VERY suspicious individual in the store asking all sorts of odd questions. I just hung around and "shopped" the fishing supplies until they arrived and presented the indivual with a matching set of bracelets. The girls in the store and the officer thanked me and I was on my way.

Is asking odd questions a misdemeanor or felony?
 

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