can a cop tell me to leave a private business if there are no posted loitering signs?

Question

Every night, after Porky's (a drive restaraunt like A &W) closes, the cops come to kick us out. There are no posted signs that speak out against loitering. Is it legal for the cops to kick us out?

Answer 1

Yes, always remember that this is true. Cops have a badge a gun and a right. The are there to serve and protect, and in this case the owner of the business. Do you realize that even though you feel that you are doing nothing illegal, if something was to happen at that business later on that you will come immediately under suspicion. Just because you were there.

Answer 2

No, it is usual for a cop to enforce the private property rights of business owners because they may safely assume the business owner wants them to. The private business owner can throw you out and he can also ask the cop to do it. His consent is presumed if he is away and you seem to be not an owner and have no good reason to loiter there. Pick your battles and do not fight the cops on this point as you will lose and get hurt.

Answer 3

It's still private property. During business hours, you have an implied right of access for lawful purposes such as getting a meal unless the owner tells you otherwise. After hours, you have no implied right to be there whether it's posted or not.

If the owner wanted people hanging around after-hours, he's probably tell the police to not bother with his property and the cops would probably be happy to oblige.

Answer 4

Perfectly legal. The buisness is closed and he is protecting the rights and interests of teh buisness owner. Remember to Protect and Serve.

Answer 5

Yes, if it is private property and the owners dont want anyone there, regardless of postings you must leave.