Legal Question in Civil Litigation in United States

Can the police ban me from entering a store? I would think that only a judge can decree this.

Several months ago, I was at a store peacefully confronting the store owner over a purchase disagreement. I can prove that I was peaceful because I recorded the conversation. Anyway, as soon as I walked into the store he told me that we weren�t even going to discuss the matter. Then he told me to leave and called the police, whom arrived 15-minutes later. The store owner told the police that he told me never to come into his store again, which was untrue, and that he wanted me gone and to stay gone. The police told me that if I did not leave that they would arrest me. Then they told me that if I returned that I would be arrested.

It was the most bizarre encounter I have ever had. The police never even asked me why I was there. The only thing they asked was my name and address. Therefore, I don't think that a police report was even filed.

Please advise. The purchase disagreement is still unresolved.


Asked on 2/07/16, 11:33 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The police can't ban you from entering a store, but that isn't what happened. The owner banned you, which he has every right to do. The police merely let you know they will protect the owner's rights if you violate them. That's what police are expected to do.

Whether you already knew you were unwelcome when the police talked with you is not important, since you're asking about what could happen in the future. Now that you know you're not allowed to return, going back would make you a trespasser. Whether that would immediately be a crime will depend on a variety of factors, including which state the store is in. But if it is, you risk being arrested, prosecuted, convicted, and punished for trespassing.

As to the "purchase disagreement," you'll just have to find a way to address it without going to the store. You may want to do it in writing, in case there's a dispute later about who said what.

Please note that, in some states, secretly recording your conversation with the owner would be a crime. You haven't told us which state you're in, so I don't know if it's a risk for you. But it's definitely something to keep in mind.

Good luck.

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Answered on 2/08/16, 11:58 am


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