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Is a Store's Trespass Ban Still Valid After Nine Years

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  • 03-20-2014, 01:06 PM
    Megstoo
    Is a Store's Trespass Ban Still Valid After Nine Years
    My question involves criminal law for the state of: Wisconsin

    I was stupid and stole from my employer back in Jan of 2005. I was fired and then arrested. This was the first offense and I'll admit I was scared and kicking myself for being so dumb. Anyways I was given 2 tickets (ordinance violations for $1200 total), had my fingerprints taken and a mug shot and then released. I was told I wasn't able to return to that store (similar to a Macy's) and if I did would be arrested for trespassing. Since then I did move away and got married (my now husband used to work at the same store and I came clean after the fact so he knows what happened).

    It's been 9 years and I've been completely clean but we're moving back to that home state. Does anyone know if I would be allowed back in the store or would I still get arrested for trespassing? I'm almost positive that none of the security (LP) personal are there anymore.

    Obviously I wouldn't seek employment but it was more for a shopping question.
  • 03-20-2014, 01:53 PM
    Disagreeable
    Re: Is a Store's Trespass Ban Still Valid After Nine Years
    Until it is revoked it is still in effect.
  • 03-20-2014, 02:10 PM
    PandorasBox
    Re: Is a Store's Trespass Ban Still Valid After Nine Years
    You can write a letter of apology to (store similar to Macy's; Corporate Office; Address; Attn: Loss Prevention), and ask for permission to shop in their stores again.

    Don't shop there (or any of their stores) until you get a letter stating you have permission. The store LP's will be advised. I do recommend keeping the letter in your purse or car for a while.
  • 03-20-2014, 03:20 PM
    bam!
    Re: Is a Store's Trespass Ban Still Valid After Nine Years
    Quote:

    Quoting PandorasBox
    View Post
    You can write a letter of apology to (store similar to Macy's; Corporate Office; Address; Attn: Loss Prevention), and ask for permission to shop in their stores again.

    Don't shop there (or any of their stores) until you get a letter stating you have permission. The store LP's will be advised. I do recommend keeping the letter in your purse or car for a while.

    Do you live in the same state? I am sure that if you shop in the store you will be fine. Was this a court ordered trespass or a store one?

    Usually, trespass notices from state A cannot be enforced in state B due to different trespassing laws. Its been a long time, what is the name of the store and someone can give you a better answer.

    I am sure if you stay out of trouble in the store, you will be ok.
  • 03-20-2014, 04:51 PM
    jk
    Re: Is a Store's Trespass Ban Still Valid After Nine Years
    Actually, if the store involved is allowed to issue a chain wide ban, the person has been given notice already and entry into any store, in any state, can be prosecuted as a trespass. It is not required that they be given notice by a person or store in each state. Merely they have been given notice by somebody with the authority to issue such a ban.


    Your our argument would suggest that if I owned property in more than one state I could not ban you from my property in the state we are not currently in. It does not require we be in the state where the property is located. It just requires person with the authority (me) to give you notice you are not allowed on my property.
  • 03-20-2014, 05:26 PM
    PandorasBox
    Re: Is a Store's Trespass Ban Still Valid After Nine Years
    Which is why I suggested to write, get a letter of permission. That's what I did. Kept the letter in my car for the first 6+ months.
  • 03-20-2014, 05:40 PM
    jk
    Re: Is a Store's Trespass Ban Still Valid After Nine Years
    Quote:

    Quoting PandorasBox
    View Post
    Which is why I suggested to write, get a letter of permission. That's what I did. Kept the letter in my car for the first 6+ months.

    I was responding to Bam!'s post. Why he believes a single store manager cannot give notice for an entire chain is beyond me.
  • 03-20-2014, 06:40 PM
    bam!
    Re: Is a Store's Trespass Ban Still Valid After Nine Years
    Quote:

    Quoting jk
    View Post
    I was responding to Bam!'s post. Why he believes a single store manager cannot give notice for an entire chain is beyond me.

    We may have had this discussion before. I have heard the opinion of the court on this topic many times before. Trespass laws are state specific. You ban me in state A under the authority given to you by that state. State B has a different trespass law and 9 times out of 10, a judge will not convict you because each state has different laws AND they cannot legally enforce another states law. Just because walmart told me to stay off their property in Florida does not mean I can't go into Walmart in Canada. Stop me snd have me arrested for trespassing and soon it will be called bam!mart:)
  • 03-20-2014, 07:50 PM
    jk
    Re: Is a Store's Trespass Ban Still Valid After Nine Years
    it has nothing to do with enforcing another state's laws. Why you attempt to make that argument makes no sense to me. Obviously one state cannot enforce any other states laws. Each have their own. They would be enforcing their own state's laws and if that state requires the person have had to have been given notice, it matters not what state they were in when they were given notice.

    You are not banning a person under the laws of any state. You are banning them under a personal right to demand that person refrain from entering your property, anywhere.




    Quote:

    Just because walmart told me to stay off their property in Florida does not mean I can't go into Walmart in Canada. Stop me snd have me arrested for trespassing and soon it will be called bam!mart

    bull. As long as notice was provided per the laws of the state the trespass is charged, you most certainly can be denied entry into the stores in that state or be charged with trespass. The only question is: does the person that issued the no trespass order have the authority to make it company wide or is their power limited to a single store.

    again, if I own property in Florida and (and I'm going to stay away from out of country examples as I have no idea what any other country's laws are so) and Texas. If I see you in Florida and tell you you are not allowed to enter ANY of my property, anywhere in the world (and of course they would have to be able to identify or be made aware of my property other than the one we are standing on), that is adequate notice, in each state, that you are not allowed on my property. If you trespass in Texas after that, Florida law has nothing to do with it. Texas law would apply and if the requirements of notice of Texas law have been met, you can be charged with trespassing in Texas.
  • 03-21-2014, 02:48 PM
    bam!
    Re: Is a Store's Trespass Ban Still Valid After Nine Years
    You are given authority to trespass someone from your property by that state, hence the reason each state has different trespass laws. You are talking about two different things. Trespassing someone from personally owned property not regularly opened to the public is different than trespassing you from private property open to the public. Additionally, different states require different things in order for someone to be trespassed. Most retail managers also have "authority" under the law, but not under company policy. Many people misunderstand trespass laws.

    Lets have our other retail friends chime in. Unless a judge orders you to stay away (and even judges place restrictions, IE have no contact with Walmart on 123 main st, your turn, your state) you will be fine
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