What Is a Trespass Warning? How It Generally Works

If you watch police bodycam footage, you'll hear the phrase constantly: "You're being trespassed." It comes up in store disputes, apartment complexes, bars, offices and, in our Marion, Illinois video, a building where a man refused to leave. So what exactly is a trespass warning, and how does it work?

Important: trespass laws vary by state and even by city, and this article isn't legal advice. It's a general overview to help you understand what you're seeing on camera.

The basic idea

In general, criminal trespass laws make it an offense to enter or remain on property after you've been told you're not allowed to be there. A trespass warning (also called a trespass notice, criminal trespass warning, or "being trespassed") is the step that gives that notice.

The Legal Information Institute at Cornell Law School has a plain-English overview of trespass that covers both the civil and criminal sides.

Who can issue a trespass warning?

Usually, the decision belongs to whoever controls the property: an owner, manager or authorized employee. Police get involved in a few common ways:

• Delivering the warning. A business calls police, and an officer tells the person, on the business's behalf, that they're no longer welcome.
• Documenting it. Many departments record trespass warnings in a report or written notice so there's proof the person was told.
• Enforcing it. If the person refuses to leave, or comes back later, officers may arrest them for trespass, depending on state law.

You can see all three in real footage. In our Marion video, the officer tells the man that the people running the facility "want you trespassed from the premises," and then says, "Now you're officially trespassed." Afterward, he explains on camera that he had asked the man to leave before but had "never officially trespassed" him until that day.

How notice is given

Depending on the state, notice can be given in different ways:

• Verbally, by the owner, an employee or an officer
• In writing, such as a signed trespass notice
• By posting, such as "No Trespassing" signs or fencing
• By earlier communication, such as a letter banning someone from a property

Some states require specific forms of notice before a criminal charge can stick. That's why officers often say the warning out loud on camera and make sure the person heard it.

"I'm leaving!" Why timing matters

A pattern shows up in many trespass videos: the person refuses to leave several times, the situation turns physical, and then they say they'll go. Whether that last-second offer matters legally depends on the facts and the state. In practice, once an officer decides to make an arrest for refusing to leave, it's often too late to undo it at the scene.

That moment is captured in the Marion footage, where the man says he'll leave after officers take hold of him and the officer answers, "No, you had a chance to leave." The Shorts He Thought He Could Stay, Then This Happened and The Moment He Realized He Made a Huge Mistake focus on that turning point.

What happens if you go back?

After a person has been warned, returning to the property is often treated more seriously than the original dispute. Officers frequently say something like what the Marion officer says: if you show back up, "it's just going to be a bigger charge."

How long a warning lasts varies. Some are indefinite until the owner lifts them, and some last a fixed time. In another of our videos, an officer tells a man he's banned from a property for a year.

Public property is more complicated

People often argue that they "can't be trespassed from a public place." The real answer is more nuanced:

• Governments can restrict access to some public buildings, areas or hours, and can sometimes remove people who are disruptive.
• Those restrictions are limited by constitutional protections, such as free speech and due process, and by state law.
• Whether a space is public at all can be disputed. In the Marion footage, the man calls it "a public state facility," and someone responds that it's not government-funded.

If you believe you were wrongly trespassed from public property, that's a question for a local attorney.

Practical, general tips

These are general ideas, not legal advice:

• If you're told to leave private property, leaving and disputing it later is usually the safer path.
• Ask for the warning in writing, or ask how long it lasts and who issued it.
• Don't return until the ban is lifted, even if you think it was unfair.
• Keep calm on camera. As you'll see in many police encounter videos, arguing the law on the spot rarely changes the outcome.

Related reading

• When Refusing to Leave Goes Wrong: Marion, IL Bodycam Breakdown
• Detained vs. Arrested: What's the Difference?
• How to Watch Police Bodycam Footage Critically