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Steve H
Steve H asked in Politics & GovernmentLaw & Ethics · 10 years ago

Is it technically illegal for a customer to go behind the counter at a convenient store?

This took place in the state of Oregon

Although it may be distasteful/tacky/confrontational etc etc, is it technically illegal for a person to go behind the counter at a convenient store?

Someone I know got in an argument with a janitor at a 7-11, and as they argued with him they went behind the counter and got in his face. They exchanged a few words, the janitor told him to leave and he left. The whole ordeal took only seconds. There is no door or swing gate restricting enterance to the area behind the counter at this particular location. It's an open ended counter, with no signs stating anything such as "employees only." Upon exiting the store he was arrested and charged with trespassing. What are the chances of him getting this charge dropped considering he left after being told to do so by the janitor? Again, I understand that this behavior may not have been the best, but, but was he actually in violation of a law, specifically trespassing?

Thanks

Update:

In response to Grandpa: He was charged with trespassing, so the assault reference is actually irrelevant.

Update 2:

Also, I'm more interested in a technical legal answer. I know that it may appear to be trespassing on the surface, but I'd like to know if it's "technically" considered to be trespassing or not. Because there are unique instances where customers are allowed behind the counters of certain businesses for brief moments.

3 Answers

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  • wendy c
    Lv 7
    10 years ago

    I would not think trespassing is going to be technically accurate, since the store itself is not posted as "no trespassing". On the other hand, it is reasonable to assume that the area behind the counter is restricted to employees, and not open to the public. I don't think anyone has to be told by a sign that it is not open area, or that authorized persons have the right to restrict others from being there.

    Public disturbance seems to be more appropriate.

  • scott b
    Lv 7
    10 years ago

    Yes. That would be trespassing.

  • ?
    Lv 6
    10 years ago

    Yep, it would I suppose. It's where all the high cost items are and the cash. So it would be not good to be caught back there.

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