Is it considered trespassing if I were to go up to a drive-thru window after the business was closed and check the ground nearby for change?

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Is it considered trespassing if I were to go up to a drive-thru window after the business was closed and check the ground nearby for change?

I would not be physically entering the building, and I understand that it may look suspicious, so I wondered if this was still technically okay before I did it.

Asked on January 19, 2015 under Criminal Law, New York

Answers:

Arkady Bukh / Bukh Law Firm, P.C.

Answered 6 years ago | Contributor

This would all depend on who owns the land on which the drive thru is located.  If it is owned by the restaurant itself this could certainly be a small charge of trespassing technically.  If, however, it is owned by, say, a corporation that perhaps runs a whole mall there and some stores are open, it might not be trespass.  There are always gray areas in the law

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, it would be trespassing because you are still entering on land owned by another (not public land). It's far and away the most minor form of tresspassing, since it does not involve entering a building, and it's likely that no one would particularly care anyone--but it is still technically trespassing.


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