Can Security Guards Remove You from a Public Sidewalk?

Question from Someguy, Can Security Guards Remove You from a Public Sidewalk?

Answer from AI:

Understanding Public Sidewalks and Your Rights

Public sidewalks are generally considered public property, meaning they are open for use by the general public. In the United States, individuals have the right to use public sidewalks for walking, talking, and other lawful activities. However, there are certain circumstances where restrictions may apply, especially concerning loitering and trespassing laws.

Role of Security Guards

Security guards hired by local authorities or private entities may have specific duties, such as enforcing no loitering or trespassing laws. However, their authority is limited compared to that of police officers. Here are some key points regarding their role:

• Limited Authority: Security guards do not have the same powers as police officers. They cannot arrest you but can detain you until law enforcement arrives if they believe a crime has been committed.
• Enforcement of Rules: They can ask you to leave an area if you are violating specific rules, such as loitering laws, but they cannot physically force you to leave a public sidewalk without legal grounds.
• Calling Law Enforcement: If a security guard believes you are violating the law, they can contact the police to handle the situation.

Loitering and Trespassing Laws

Loitering and trespassing laws vary by state and locality, but generally, they are designed to prevent individuals from lingering in an area without a clear purpose. Here are some general guidelines:

1. Loitering: This typically involves remaining in a public place for a prolonged period without a lawful reason. Some jurisdictions have specific ordinances that define what constitutes loitering.
2. Trespassing: This involves entering or remaining on private property without permission. Public sidewalks are not private property, so trespassing laws usually do not apply unless you are blocking access or causing a disturbance.

When Legal Advice is Necessary

If you find yourself in a situation where a security guard is asking you to leave a public sidewalk, it may be beneficial to understand your rights and the specific laws in your area. Consulting with a legal professional can provide personalized advice and help you navigate any legal issues that arise.

Resources and Further Reading

For more information on your rights and local laws, consider exploring the following resources:

• ACLU: Know Your Rights When Stopped by Police
• Nolo: Loitering Laws

Remember, while security guards play a role in maintaining order, they must operate within the boundaries of the law. If you believe your rights have been violated, seeking legal counsel is a prudent step.