A security guard observes a person who has been previously warned, in writing, not to return to a posted business property. The person re-enters the premises. Under PC §602(o) and related subdivisions, the guard's legal posture is:
Explanation
PC §602 lists numerous trespass variants — most are misdemeanors. §602(o) specifically addresses re-entry after a prior written warning. Because the offense occurs in the guard's presence, §837(1) authorizes a private-person arrest. However, escorting the person off-premises (with police summoned if refusal occurs) is generally the preferred lower-risk option, reducing exposure to false-imprisonment and battery claims. Deadly force (c) is never lawful for trespass alone. Trespassers retain civil rights (b) — guards remain liable for excessive force, defamation, and false imprisonment regardless of the underlying trespass.
Law Reference: Cal. Penal Code §602This topic, taught in full in the California Guard Card (BSIS Security Guard) guide. California Guard Card — Complete Study Guide (2026) — PDF + EPUB, $9.99 · 14-day refund →
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Related questions on this topic
- Under Penal Code §237, false imprisonment is punishable as a felony when it is effected by:
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