“guy is sitting in an unmarked area and the guard tries to roust him. he stands his ground”
It doesn’t have to be marked. Marking supposedly prevents entry. An owner or their representative giving you notice you are on private property, combined with a chance to leave, satisfies the law in most states.
ie,,,”a guy is sitting on my unmarked back porch and I try to roust him by informing him he is on private property, and must leave immediately. He stands his ground,,,”
See?
but it wasn’t private property. it was in a public skyway. apparently a rest area where people can sit down, as on a park bench.
That's a ridiculous comparison. He wasn't on someone's back poarch, he was in an area where access by the public is expected and encouraged. He wasn't be disruptive. He wasn't bothering people - except for the cops apparently. He was peacefuly minding his own business and was told to leave. Why? What justification was there for the demand to move on? What crime was he committing?
ie,,,a guy is sitting on my unmarked back porch and I try to roust him by informing him he is on private property, and must leave immediately. He stands his ground,,,
See?
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Silly argument, your back porch isn't in the middle of a commercial public space. There are laws about commercial public space. Your back porch is not considered public space nor commercial space.