Course

III.G – Trespass

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15 Lessons

California Security Officers with Registrations (guard cards) must receive 40 hours of training as follows:

  • 8 hours “Powers to Arrest” prior to an Officer standing post.
  • 16 hours of training within 30 days of issuance of registration, 8 of which must consist of two four-hour courses from the mandatory modules and 8 of which must consist of elective courses.
  • 16 hours of training within 6 months of issuance of registration, 8 of which must consist of the remaining two four- hour courses from the mandatory modules, and 8 of which must consist of elective courses.

This course module, titled “Trespass” complies with requirements of AB 2880 and Bureau of Security & Investigative Services (BSIS) training directives as in compliance with Business and Professions Code Sections 7583.6 and 7583.7 and Title 16, Division 7, Article 9, Section 643 of the California Code of Regulations.

This course corresponds to module III.G of the BSIS Course Outline. This is an elective course under the Course Outline and satisfies the requirement for 4 hours of training under the elective section of the Security Officer Training Laws and Regulations.

Course Outline & Syllabus Learning Goals

  • The officer will learn the definitions of both civil trespass and criminal trespass.
  • The officer will learn the difference between civil trespass and criminal trespass.
  • The officer will be provided with applicable state laws regarding trespass.
  • The officer will learn the definition of loitering, including the difference between loitering and trespassing.
  • The officer will be provided with the applicable laws regarding trespass to land, as well as specific examples thereof.
  • The officer will be provided with the applicable laws regarding trespass to private property, as well as specific examples thereof.
  • The officer will be provided with the applicable laws regarding trespass to private buildings, as well as specific examples thereof.
  • The officer will be provided with the applicable laws regarding notice to trespassers to private property and private buildings.
  • The officer will be provided with the applicable laws regarding prohibited conduct on public property.
  • The officer will be provided with the applicable laws regarding prohibited conduct in places of public accommodation.
  • The officer will learn about the exercise of constitutional rights in quasi-public forums (e.g. shopping malls)

III.G – Trespass – 4 hours

Outline

I. Criminal Trespass

A. In General

B. The Penal Code

  1. Penal Code section 602
  2.  Penal Code section 587b: Railroad and Rail Transit Property.

C. Cases Interpreting Trespass

  1. Church of Christ in Hollywood v. Superior Court (2002) 99 Cal.App. 4th 1244
  2. Hamburg v. Wal Mart Stores, Inc. (2004) 116 Cal.App.4th 497

D. Aggravated Trespass

  1. Trespass by Credible Threat: Penal code section 601:
  2. Explanation of terms contained in Penal Code §601:
  3. Consequences of Conviction:
  4. Cases Interpreting Penal Code §601:
    1. People v. McCray (1997) 58 Cal.App.4th 159

E. Municipal Trespass

  1. Los Angeles, CA
  2. Glendale, CA
  3. Sacramento, CA

F. Comparison to Loitering

II. Common Law Civil Trespass

A. Trespass to Land vs. Trespass to Chattel
B. Trespass to Land
C. Doctrine of Transferred Intent
D. Damages
E. Trespass to Chattels
F. Conversion: (“Theft”)

III. Places of Public Accommodation: Free Speech Concerns

A. Union of Needletrades, etc. Employees v. Superior Court (1997) 56 Cal.App.4th 996
B. Allred v. Harris 14 Cal.App.4th 1386, *1390 1392, 18 Cal.Rptr.2d 530,**533 535 (Cal.App. 4 Dist.,1993)

IV. Use of Force in the Defense of Property.

V. Final Comment

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