Legal Question in Constitutional Law in California
trespassing law
I recieved a police report saying that I was banned from this theme park for 1 year as of april 2006. I went to the park with a friend in June of 2007. A security guard saw me and put handcuffs on me while in park. and said ''you are under arrest for trespassing''. They said the ban was ''forever'' and that six flags sent a letter saying that was so. I asked to see the letter and the refused to show it to me. They did not read me rights. They kept me in handcuffs for 60 mins while police officer interrigated me. I was cited for trespassing. Is this legal?
2 Answers from Attorneys
Re: trespassing law
If you were banned for only a year and the year had passed, then the park had no right to treat you as a trespasser for merely showing up. It still had the right to tell you you were not welcome, and to treat you as a trespasser if you refused to leave after being so told. Either way, the gueard was not required to read you your rights; that requirement applies only to public law enforcement officers and not to private security guards.
If the park acted improperly then you have a cause of action for wrongful imprisonment and perhaps for battery and intentional infliction of emotional distress. You should not expect a very large judgment or settlement, but the law does seem to be on your side.
Re: trespassing law
60 minutes is too long to keep you in handcuffs in all the states I'm familiar with. Your damages may be low, but our CA member firm can assist you if you want to press this issue.
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