Trespass notice: giving one properly, and keeping a record that holds up

01

What a trespass notice is, and the state laws behind it

Criminal trespass at an ordinary office building, store, apartment complex or campus is defined by each state, not by federal law. The statutes below build the offense around the same idea: a person commits trespass when they enter or stay on property without permission after having notice that they may not. A trespass notice, also called a trespass warning or no-trespass letter, is how the owner gives that notice to a particular person.

The Texas Penal Code, Section 30.05 (criminal trespass) is one of the clearest examples. A person commits an offense if they enter or remain on the property of another without effective consent and they "had notice that the entry was forbidden" or "received notice to depart but failed to do so." The statute then lists what counts as notice, including "oral or written communication by the owner or someone with apparent authority to act for the owner," fencing "obviously designed to exclude intruders," signs posted "reasonably likely to come to the attention of intruders," and, on land, purple paint marks of a set size and spacing. The basic offense is a Class B misdemeanor, with higher and lower grades for particular places.

New York takes a different route for places open to the public. Under the New York Penal Law, Section 140.00, a person who enters or remains in premises open to the public "does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person." Knowingly entering or remaining unlawfully is trespass under Penal Law Section 140.05, a violation, with more serious degrees in the sections that follow. For a store, lobby or mall in New York, then, a sign is not enough: the order has to be personally communicated.

In Florida, Florida Statutes, Section 810.08 makes it trespass in a structure when a person who was authorized or invited "is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so." For other property, Section 810.09 requires notice "either by actual communication to the offender or by posting, fencing, or cultivation," and Section 810.011 sets out how posting must be done.

California's Penal Code Section 602 is a long list of separate trespass acts, most of them misdemeanors. Subdivision (o) covers "refusing or failing to leave" property "not open to the general public" when asked by the owner, the owner's agent or the person in lawful possession, or by a peace officer acting at their request. For businesses open to the public, Penal Code Section 602.1 makes it a misdemeanor to intentionally interfere with the business by obstructing or intimidating people and then refuse to leave when asked.

02

The kinds of trespass notice in practice

On a working site, notice usually takes one of these forms, often more than one at once:

• Posted notice: "No Trespassing" signs, closed-hours signs on a parking structure, or fencing around a yard. Whether a sign alone is enough depends on the state and the property; in New York it is not, for premises open to the public.
• A verbal request to leave: an officer or manager tells a person, on the spot, to leave now. This is the most common form.
• A written trespass notice: a document given to a named person saying they may not return to the property, or part of it, for a stated period. This is what most people mean by "trespass notice" or "no-trespass letter," and it is the form that needs the most care.
• A standing authorization to police: some states and cities let an owner authorize police in advance to act on trespass at a closed or vacant property. In California, Penal Code 602(o) lets the owner make "a single request for a peace officer's assistance, made in a notarized writing on a form provided by the law enforcement agency": for up to 12 months when the property is closed to the public and posted as closed, or, for specific dates when there is a fire hazard or the owner is absent, for up to 12 months or a shorter period set by local ordinance. The owner must tell the agency in writing when the assistance is no longer wanted.
• A request by police: California's 602(o) also covers a person who refuses to leave when asked by a peace officer acting at the owner's request. Ask your local agency whether it issues warnings itself or has its own form.

A trespass notice is not an arrest, a charge or a court order. It is the owner withdrawing permission and making sure the person knows. A charge comes later, if at all, when the person returns or refuses to leave and police decide to act. A court's restraining or protective order is a separate thing, enforced on its own terms.

03

Who can give a trespass notice, and the limits on it

The statutes give the power to the owner and to people acting for the owner: "someone with apparent authority to act for the owner" in Texas, "a person authorized by the owner or lessee" in Florida, "the owner, the owner's agent, or the person in lawful possession" in California. A contract security officer can give a trespass notice only because the client has made them its agent for that purpose, so the authority should be written down, not assumed:

• In the security services contract: the client authorizes the officers to act as its agent in asking people to leave and issuing notices.
• In the post orders: exactly what the officer may do at that post, which areas are covered, who approves a written notice, and when police are called.
• In a multi-tenant building: who controls which space. The landlord usually controls the common areas and each tenant its own suite, so a building-wide ban needs the lease and the tenant behind it.

A security officer is a private person. In most states a security officer has no more power to arrest than any other private person. California's Penal Code Section 837 is typical: "A private person may arrest another" for a public offense "committed or attempted in his presence," or for a felony in stated circumstances. California also requires anyone applying for a guard registration to "complete a course in the exercise of the power to arrest and the appropriate use of force," under Business and Professions Code Section 7583.6. Most security companies tell officers to call police rather than lay hands on a trespasser.

There are limits on who can be told to leave and why:

• Discrimination: Title II of the Civil Rights Act of 1964 entitles everyone to the "full and equal enjoyment" of places of public accommodation, such as hotels, restaurants and places of entertainment, "without discrimination on the ground of race, color, religion, or national origin" (see the Department of Justice page on Title II of the Civil Rights Act). State and city laws add further protected groups. Base every notice on conduct, and record the conduct.
• Disability and service animals: under the ADA, a person with a disability "cannot be asked to remove his service animal from the premises unless" the dog is out of control and the handler does not take effective action, or the dog is not housebroken. When it is not obvious what service the dog provides, staff may ask only two questions. The ADA guidance on service animals sets them out, and they belong in the post orders of any site open to the public.
• Protected activity: California's 602.1 carves out lawful labor union activity and constitutionally protected activity; 602(o) carves out lawful labor union activity, and constitutionally protected activity on housing authority property. Picketing, leafleting and protest are questions for the owner's attorney, not the officer on the door.
• Public property: banning someone from a government building, public library or public school raises questions a private landlord does not face. Follow the agency's own counsel's procedure.

04

What a written trespass notice should say, and how to deliver it

A written trespass notice is short enough to read in a minute and clear enough for a police officer to act on. Most include:

1. The property: its name and street address, and the exact area covered, for example the whole property including the parking lot, or the retail concourse only.
2. The person: their name if they give it, otherwise a clear physical description. Many sites also take a photograph where their policy and state law allow it.
3. The statement: that permission to enter is withdrawn, that the person must leave now, and that returning may lead to arrest for criminal trespass under the state's law.
4. The period: a start date and an end date, or a statement that it lasts until withdrawn in writing. A ban with no end date is harder to defend, and harder to keep track of.
5. Who issued it: the officer's name, the security company, and the client or owner on whose behalf it was given.
6. The reason: a short, factual line tied to conduct, with a reference to the incident report. The notice itself need not tell the whole story, but the record behind it must.
7. The date and time it was delivered, and how.

Deliver it calmly and in a way that can be proved later. Read the key sentence aloud, offer a copy and ask the person to sign for it; if they refuse, write "refused to sign" with the time, because a signature is evidence of receipt, not a condition of the notice. Have a second officer or a manager present as a witness where possible.

Write it up the same shift. The incident report records what led to the notice, what was said, who was present and whether police were called. Note it in the daily activity report and pass it on at shift change.

Then add the person to the site's list of active notices, with the description, the area and the end date (see BOLO reports). Keep it where every officer at the post can see it and nobody else can: it is personal information.

05

When someone comes back, and keeping the list honest

A trespass notice only matters the second time. When a person on the list is seen on the property, the officer's job is usually to observe, confirm, and call, not to confront:

1. Confirm it is the same person, against the description and photo, and that the notice is still in date and covers the area where they are.
2. Follow the post orders: in most sites, call the police non-emergency line or 911 if there is a threat, and keep the person in view from a safe distance.
3. Have ready what police will ask for: a copy of the notice, who issued it and when, and a witness who saw it given.
4. Write an incident report of the return, referencing the original notice and report.

The list itself needs maintenance. Notices expire and are never taken off; a ban is lifted in an email the night officers never see. Set a routine: a supervisor reviews the list on a fixed schedule, removes expired entries, checks each live entry has a written notice and report behind it, and confirms the client still wants it.

Apply notices consistently. If two people do the same thing and only one is given a notice, the record should say why. Consistency protects the site against a complaint of discrimination, and it is what makes police take the notice seriously. Record who withdrew a notice, and when.

Keep the physical notice in repair too. A fence with a gap, a gate that will not latch or a "No Trespassing" sign that has come down weakens the site's position for everyone, not only for people on the list.

06

Where the record fails, and where SiteClara fits

The written notice and the incident report are usually done properly, because something happened. The weak records are the routine ones around them. A patrol log reading "perimeter secure" every two hours does not show that anyone looked at the gate that stands open every weekend, and a damaged fence mentioned to whoever was passing is never repaired.

SiteClara is a way to record the routine part. A printed QR poster, with an optional NFC tag behind it, goes at each checkpoint that matters: a perimeter gate, a loading dock, a stairwell door, a parking level. The officer scans the code or taps the tag on their own phone, with no app to install, sees the checks due at that point and marks them done, or says what stopped them. The time and the named officer are recorded as it happens, with a photo when one helps. A problem found on the round, such as a gate that will not lock, a gap in a fence or a sign that has come down, is reported there and goes onto the team's list of jobs until someone closes it.

The security supervisor sees what was due, done and missed, with the reason where one was given, and a job that needs the building manager can be escalated to them to answer. Each day the supervisor reviews the totals and photos, adds a note and approves a report that goes to nominated management or client contacts at 8 a.m. the next morning, showing what was reported, what is still open and how the scheduled checks went.

07

Questions people ask

What does trespass mean legally?

Each state defines it in its own criminal code. In New York, Penal Law Section 140.05 (trespass) says a person is guilty of trespass "when he knowingly enters or remains unlawfully in or upon premises." In Florida, Florida Statutes, Section 810.08 covers a person who willfully enters or remains in a structure or conveyance without being authorized, licensed or invited, or who was authorized, licensed or invited and refuses to leave after being warned to depart by the owner, the lessee or a person they authorized.

How serious is a trespass warning?

The warning itself is not a charge; it is the notice that makes a later entry or refusal to leave an offense. How serious that offense is depends on the state. Under New York Penal Law Section 140.05, trespass is a violation, with more serious degrees in the sections that follow. Under Florida Statutes, Section 810.08, trespass in a structure or conveyance is a misdemeanor of the second degree, and a misdemeanor of the first degree if a person is in the structure or conveyance at the time.

How long do you go to jail for trespassing in Florida?

It depends on the grade of the offense. Under Florida Statutes, Section 775.082 (penalties), a misdemeanor of the second degree is punishable by "a definite term of imprisonment not exceeding 60 days," and a misdemeanor of the first degree by "a definite term of imprisonment not exceeding 1 year." Those are maximums; the sentence in a particular case is for the court.

08

Where to read the law, and a short list to take away

Read your own state's criminal trespass statute first; the ones cited in this guide are examples, not a national rule. The state legislature's own code site has the current text:

• Texas: Penal Code Section 30.05, including the definition of notice.
• New York: Penal Law Section 140.00 and 140.05.
• Florida: Section 810.08, 810.09 and 810.011.
• California: Penal Code Section 602 and 602.1.
• Federal limits: the Department of Justice page on Title II and the ADA guidance on service animals.

Then ask the local police department how it handles trespass at private property, and whether it has its own warning or authorization form. To take away:

• Get the owner's authority for officers to act as its agent in writing, in the contract and the post orders.
• Know what counts as notice in your state, and whether a sign is enough.
• Base every notice on conduct, and write the conduct down.
• Name the person, the area and the end date, read it aloud, and record a refusal to sign.
• Write the incident report the same shift, and pass the notice on at shift change.
• Keep the active list private, reviewed and in date.
• When someone returns, observe and call; do not confront.