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| 1 2 | UER Forum > UE Main > Caught while exploring and abandoned haunted hotel (Viewed 5638 times) |
Deuterium
Location: PNW Gender: Male Total Likes: 290 likes
| | | Re: Caught while exploring and abandoned haunted hotel < Reply # 4 on 6/6/2016 3:00 AM > | Reply with Quote
| | | Posted by GuyOnTheMainStreet He just took pictures of our licenses and said he's forwarding them to the police. I'm not sure what will happen next
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Probably nothing. At the worst, you may get a letter in the mail. They probably put all of you on a list of people caught and asked to leave. Don't get caught there again, because you're going to have a hard time talking your way out. For future reference, anyone can demand anyone to see their ID, but that doesn't mean you have to make it available to them. Just refuse without being aggressive. If they make any mistake in detaining someone against their will, it opens them up to a huge liability. Quite easily more than whatever loss they were trying to prevent. If you're directed to stay and you do as they say, that's at will. Whenever possible, don't park somewhere that makes it impossible to retrieve it if you were to be escorted out. About the only thing you have to take literally is to leave promptly if you're asked to leave. I don't know if the parking area you parked is on their property but if you park anywhere that's marked authorized use only, they're within their rights to tow while you're exploring. Watch out for that.
[last edit 6/6/2016 3:20 AM by Deuterium - edited 1 times]
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| DJ Craig Moderator
Location: Johnson City, TN Gender: Male Total Likes: 374 likes
Break the Silence
| | | | | Re: Caught while exploring and abandoned haunted hotel < Reply # 5 on 6/6/2016 4:35 AM > | Reply with Quote
| | | Along the lines of what Deuterium said: If you're caught by security guards, they will try to make you think they have more authority / legal powers than they actually do. The can't detain you, and you don't have to show ID. The best choice is always to leave before the cops arrive. Even if that means walking away from them while they demand you stay - they don't have that power. On the other hand, if you're caught by police, they most definitely can detain you, and it's generally advisable to give them ID if they ask for it, and be generally compliant and respectful. Police and security are two totally different things. As for them "forwarding your info to police", in most situations (there are definitely exceptions), the cops are just going to do the bare minimum they're legally required to do about these kinds of issues, if they do anything at all. Security companies know this, and honestly, I doubt they even bother to really forward anything. My guess would be they just tell you that to discourage you from coming back again. So I wouldn't stress about that.
| "You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose. You're on your own. And you know what you know. And YOU are the one who'll decide where to go..." -Dr. Suess |
| Peptic Ulcer
Location: Katy, TX Gender: Male Total Likes: 839 likes
"Isn't it fun - being bad?"
| | | | Re: Caught while exploring and abandoned haunted hotel < Reply # 9 on 6/6/2016 5:19 PM > | Reply with Quote
| | | At this point I believe you are pretty safe. I found this on the web: https://www.ncjrs....on/146908NCJRS.pdf A bit dated for sure, but I'm sure standing precedent applies, specifically to this paragraph found on p.19 In the absBnce of a specific statute or deputization, the private citizen is not privileged to arrest another solely upon the reasonable belief that the arrestee was the perpetrator. In the case of a felony arrest, if the private security officer believes that a person committed an offense and effectuates an arrest on reason- able cause, he still might be subject to criminal and civil liability in some states if, in fact, he was wrong.9 In the case of a misdemeanor, the arrested person must be guilty of the misdemeanor, and it must be committed in the presence of the private security employee or private citizen. 62 Yale L.J. 788 (1953). An arrest must be made immediately or in fresh pursuit. 9 Halsbury, Laws of England 86-9, 2d ed. Hailsham (1933). Some states have narrowed the authority of a private person by limiting arrest committed in his presence to felony cases only. Since the "officers" didn't actually arrest you, and copies of your ID only were taken it would be a tough prosecution. With that being said, posting a video of the offence as well as the detention wherein you were informed you were committing a crime (and even worse an admission on your part of the commission of the crime) COULD be used as evidence and make the prosecutions job a slam dunk. Absent that video, they have absolutely no evidence whatsoever since the police were not called. Security guards with copies of your ID is not proof of a criminal offense. If it were me...I'd be taking the video down for at least 6 months.
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