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"I'm going to have to ask you to leave" is the legally proper way to ask someone to leave a residence/business/property. Saying this avoids issuing someone a direct order, which when issued by an authority figure such as a security guard, could possibly lead to legal complications. For example, "get out" is an order, and in theory, COULD be illegal if the party you are requesting to leave is not commiting an illegal act, or you are not preventing an imminent breach of safety.

After you have asked nicely, and the person remains, they are trespassing, thus entitling you to use whatever language you like to remove the person, because you are trying to get them to leave to stop them from illegally trespassing.

Added: it is a legal grey area to order someone to do something, because by law, if you restrict someone's freedom of movement, you have technically arrested them. If they are allowed to be in the place they are in, then you cannot /should not order them to leave until they refuse to do so. This applies to anything that you reasonably have a right to protect, such as your home, your business, or other human life.

This is a huge grey area, and all this is based on my training, which may be played up so my company can avoid lawsuits. You are allowed to use only the minimum amount of force required to correct a situation. If someone is in your home, after requesting they leave, you may physically remove them by pushing them in the proper direction. If they push back and resist, you may then step things up a notch. It is much easier to just call the police. All this is null and void, however, if you believe your life is about to end. In that case, whatever force necessary is allowed, within reason. Fearing for your life is not enough. A person cannot just be in posession of a weapon, it must be brandished in a way that causes you to believe that you are about to die.

Thanks for the questions, fellow noders, you helped me clarify this properly, which I seem to have a hard time doing the first time around.

The other question that I would have to have is whether the exact phrasing makes a huge difference. Is it illegal to 'order' someone to do something? I can ask my sister to give me a turn using the telephone. Even if I do not have the legal right to do so, it is not illegal - she can simply refuse to comply. Additionally, if I am the owner of a store or other business, I believe, though IANAL, that I do indeed have the right to tell someone to leave my property, just as I can ask them to leave my home.

In Arizona, and pretty much everywhere else. By my research, and the consistency between legal consultants websites, it is never justifiable to use physical force unless you by ARS 13-407 have to "immediately" be in "defense" of a premises. So if they're breaking through doors or about to enter somewhere marked as dangerous or for employees only...
"Protection of property" covered in 408 is in less vague words towards that protection for "trespassers", but overly is apparently the same... You can physically protect your property! -From damage and theft... a simple presence is not grounds to use physical force... it's a grounds for legal action

Although, with all of that. In Arizona you as a civilian are allowed to make a citizens arrest "if you've witnessed a misdemeanor offence resulting in a Breach of the Peace or pretty much any felony". So after informing someone that they aren't welcome they are actually committing a misdemeanor. But, a breach of the peace isn't something that is associated with your average disturbing the peace or disorderly conduct charges in every case or statute... here in Arizona the closest thing I've found to that is in rules abounding military courts wherein inciting a riot is in the same title... Nonetheless, in cross examination of the justifaction of use of physical force clause I suppose u would have to be witnessing someone damaging property, or trying to steal as was aforementioned... or trying to set into sequence any sort of series of events that are of sorts catastrophic... trying to start a stampede or something that can cause an otherwise "peaceful" setting to become hostile.

Furthermore, more cross references would defer the average individual from doing so with that, that verbal provocations are not sufficient to justify in the use of physical force.

In conclusion, I wouldn't recommend it... you will have to stand trial when faced by certain law enforcement... and though I can understand that you want to hog tie a guy until the police arrive, so that you can go about your business without worry... you should probably find it in you to have some empathy towards that persons reasoning or state of psychosis until trained law enforcement arrive to handle the situation

Fellow Noders

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