Loitering

[Grugore]

OK. I'm homeless and I've been using an electrical outlet, outside the Walmart to charge my smartphone. I've been doing it for several months now and haven't had any problems from law enforcement...until now. A police cruiser pulled up and told me I had to leave because there was a no loitering sign. I've checked the local laws about this concerning what loitering is and isn't (I'm in Huntsville, AL, btw) and it does mention loitering signs. My question is can the police just come by and tell me to leave, or do they require a complaint from the property owners first? As I've mentioned, I have never had and complaints by owners or police officers until now.

 

[PayrollHRGuy]

Of course, they can. But there is no reason to think that WalMart management didn't complain.

 

[Just Blue]

OK. I'm homeless and I've been using an electrical outlet, outside the Walmart to charge my smartphone. I've been doing it for several months now and haven't had any problems from law enforcement...until now. A police cruiser pulled up and told me I had to leave because there was a no loitering sign. I've checked the local laws about this concerning what loitering is and isn't (I'm in Huntsville, AL, btw) and it does mention loitering signs. My question is can the police just come by and tell me to leave, or do they require a complaint from the property owners first? As I've mentioned, I have never had and complaints by owners or police officers until now.

Go to the library to charge your phone.

 

[xylene]

You were under the radar there for a little while and then the police noticed you.

Police are trained to notice things, like who someone is, and when they see them in the same place.
Especially at a place known for low level crimes, like Walmart.

You may feel invisible because of your homeless situation, but you are the same as any person, maybe even a little bit more visible because of social biases and the like. I don't know what your attire and appearance, but we all know it can be tough to keep it up.

Give that spot a rest for a while. Mix it up. Try a different outfit or hat if you can swing it. Get a haircut. Some cheap sunglasses.

It's not a secret to the police or anyone that homeless and transient people congregate at Walmart.

Being a male alone during working hours and not moving purposefully is enough to raise a level of suspicion.

I imagine all this is tougher in Alabama, but I have no personal experience, just an anti-south bias.

Bottom line - avoid the beef, be careful, you've been warned, and push to shove you CAN NOT 'street litigate' you way out of this by telling a cop "bbbbbbut there is no sign" and that probably wouldn't win in court either.

 

[cbg]

Just because no one from management came to you and told you to move on, doesn't mean they didn't complain to the cops about you hanging around.

 

[Zigner]

...you CAN NOT 'street litigate' you way out of this by telling a cop "bbbbbbut there is no sign" and that probably wouldn't win in court either.

The OP acknowledges that there is a sign.

 

[xylene]

The OP acknowledges that there is a sign.

Whatever the OP's rationale for not having to move along from low key electricity theft after being told, the cop isn't going to listen or not arrest him if he intends to or he doesn't leave quickly and quietly.

He won't get to argue the situation, the law, or the authority of the store or the cop .

 

[Zigner]

Whatever the OP's rationale for not having to move along from low key electricity theft after being told, the cop isn't going to listen or not arrest him if he intends to or he doesn't leave quickly and quietly.

He won't get to argue the situation, the law, or the authority of the store or the cop .

I don't disagree - I was just pointing out that the OP acknowledges there was a sign and was really trying to figure out if the cops could enforce it without a complaint from the store.

 

[NeilTheCop]

Could there be more to this, such as the OP was panhandling?
https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-11-9.html

 

[cbg]

The OP is assuming that any complaint has to be made directly to him and is not taking into consideration the possibility that the store complained to the cops.