Can Trespassers be Legally Detained?
One of the most misunderstood and abused shopping center practices is how to legally handle persons about to be trespassed. Many security officers believe that they can temporarily detain a person for violating a mall rule and process them. Many times I hear stories of mall security officers who detain teenagers for fighting or walking in large groups or for using foul language. These offenders are sometimes handcuffed and transported to the mall security office. Once in custody, the rule violators are required to produce ID, sign formal trespass warning forms, and stand still for a photograph. After the teenagers are released, the photos and trespass forms are maintained in a mall filing system for future reference. The intent of these records is to be used as evidence of trespassing should the offender return. This process sounds okay to many mall security officers, but is patently illegal in most states. You can’t take someone into custody for violating a mall rule like walking in g
