Well then anyone who enters into the mall would be trespassing. You'd have to be informed that you are not allowed on the premises, either at a previous time or by a request to leave to be a trespasser.
I suppose that you're right. I guess that rule applies to properties without agents of the property patrolling them and directly enforcing the rules, like a farm.
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Originally Posted by Back2Back
The Oilers are very close on becoming a powerhouse team.
Starting Saturday at 9 a.m., Chinook Centre will host One Direction's 1D World Pop-Up Store, featuring 125 items officially endorsed by the British boy band. It's the 13th such store that has opened worldwide, including one that opened in West Edmonton Mall last month and attracted 3,000 fans on its opening day. "They have a huge fan base here in Calgary," said store manager Claudette Pitre.
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Captain James P. DeCOSTE, CD, 18 Sep 1993
Wouldn't the fact that he received a summons indicate that either previously or during this incident he was asked to leave and refused?
Again not sure, not as far as Albert provincial law goes.
Yes, that's possible. But the summons could also indicate that the guards told the police he was trespassing, which would be enough for the police to decide to issue the summons even in the absence of any other evidence. It doesn't tell us what form of notice he was given, or whether that notice was given before or after he entered the property. In either event, the arrest is justified provided that notice was given (in some form) and that on receiving such notice the individual refused to leave. That all may have happened.
We don't really have enough information to be sure. The fact that the incident happened outside is not determinative, since the agent has this authority in a "parking structure" as well as "land used in connection with a premises," which o would take to include the parking lot. However, if the evidence shows that the individual was in the process of leaving, that will look bad for the mall cops. Again, we just don't know.
But if he was trespassing (that is to say, he was given proper notice to leave and refused) then s. 494(2) of the Criminal Code authorizes a citizen's arrest . The remaining questions will then be whether the guards' actions were reasonable in the circumstances and whether they promptly turned him over to the custody of the police without delay.
Location: Wondering when # became hashtag and not a number sign.
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If we take all the information gleened thus far, add it up and read a bit between the lines...i think its fairly obvious what happened.
Suspect has attitude towards security for telling him to get up from escalator...security guards then tell him to leave premises....suspect starts swearing and being beligerent towards them in response...guards decide to make arrest where one of them goes into "power trip" mode and joins in with punches instead of trying to just subdue suspect....video hits youtube and suspect starts making claims how he "did nothing wrong"...police see his facebook posting about incident where he claims he wants to "press charges" and decide to visit him and find out why he didnt make same accusations night of the incident....suspect has cooled down and probably doesnt want to persue this much farther for fear of actual outcome after CPS investigation
If we take all the information gleened thus far, add it up and read a bit between the lines...i think its fairly obvious what happened.
Suspect has attitude towards security for telling him to get up from escalator...security guards then tell him to leave premises....suspect starts swearing and being beligerent towards them in response...guards decide to make arrest where one of them goes into "power trip" mode and joins in with punches instead of trying to just subdue suspect....video hits youtube and suspect starts making claims how he "did nothing wrong"...police see his facebook posting about incident where he claims he wants to "press charges" and decide to visit him and find out why he didnt make same accusations night of the incident....suspect has cooled down and probably doesnt want to persue this much farther for fear of actual outcome after CPS investigation
Just a guess of course.
If we assume that's the actual story (personally I think that has a ton of holes in it, but I'll play along) why would the 'suspect' be concerned about the actual outcome? He'd be facing what? Trespassing? That's nothing, and he'd likely be facing it regardless of following up on the assault committed against him.
Well the guy did make it into the parking lot before things went south, so I guess he was planning to leave. He probably said something nasty and the guards got their egos hurt and went ballistic, then made up some nonsense about scissors etc.
Stupid all around but I don't see how it justifies pounding on the guy like they did.
i wonder if it was hard for him to "step up" on his date after getting pummled. Personally, I think I'd have to pass on getting some if I just had the beat laid down on me.....but perhaps I lack intestinal fortitude.
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If I do not come back avenge my death
I was on a business trip in Houston several years back, and was visiting the Galleria Mall one evening when I saw mall security run up behind some guy. The guy whipped out something and threatened the mall cops. I quickly turned around and got out of the way, as I was concerned the guy might have a gun and start shooting. Turns out it was a knife. But still, these mall security guys never know what a desperate guy confronted with shoplifting or whatever is going to do, so always better to confront suspects in numbers.
I was on a business trip in Houston several years back, and was visiting the Galleria Mall one evening when I saw mall security run up behind some guy. The guy whipped out something and threatened the mall cops. I quickly turned around and got out of the way, as I was concerned the guy might have a gun and start shooting. Turns out it was a knife. But still, these mall security guys never know what a desperate guy confronted with shoplifting or whatever is going to do, so always better to confront suspects in numbers.
Location: A simple man leading a complicated life....
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Dan Doussept hires lawyer...
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Dan Doussept, 31, will now be represented by civil litigation and personal injury lawyer Todd Wytrychowski, Doussept told the Herald Wednesday morning.
“I have a lawyer now. I weighed out the options and reviewed the video a few more times,” Doussept said.
“Anything that’s going to be a statement is now going to be through him.”
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Meanwhile, Calgary police have obtained mall security tapes and are reviewing them for anything that might shed light on what led up to the struggle and what happened during it, police said Wednesday.
On Wednesday, Calgary police said they are expecting that Doussept will file a formal complaint in the next day or so.
At the very least these security goons should be fired. The point is, if they felt he was such a threat they would of let the police handle it in the first place.
