Is it legal for mall security to ask for ID if you are smoking a cigarette?

At my local mall, Westfield Parkway Plaza, they will ask teens, who appear to look under 18, for ID if a security guard witnesses them smoking a cigarette on mall property.

If they do not have an ID, they will generally ask the suspected underage smokers to leave the mall property and that they can not return for 24 hours.

The mall is located in California, and i am wondering the legality of this.




The people who are kicked out the mall are usually skater kids that go to the mall to hangout and don't ever buy anything.

You do NOT have to show them ID! However, you will probably be escorted off the premises if you don't.

In fact, you don't have to show your ID to police unless they have a reasonable suspicion that you have committed, are committing, or are about to commit a crime. Terry v. Ohio, 392 U.S. 1 (1968).

Completely legal. Malls are private property. They can ask all smokers and loiterers to leave.

I'm pretty sure you dont have to show them your ID, unless theyre really a cop.

..."they" can ask you for anything... there is no law or crime in "asking"... your Constitutional right is to remain slient if you want...however, you are on supervised commerical property and "they" have the right...if your under 18... to ask you to leave...the key word is "ask"... (if you are causing problems, that's something different)... if you fail to comply, "they" can call the Police who have the right and authority to remove you from the property...

he can always ask but you can always ignore his request.

Put it this way ... if they did not ask you for ID if they believed you were under aged ... and smoking on their property ... and they are SECURITY ...

Don't you think that if you got popped by the real police and they knew that the security of the Mall were allowing it - BY NOT CHECKING ID'S ...

That they - the security guys AND THE MALL could be brought under charges for aiding and abetting known criminal activities ...

These guys have little choice unless they want to go to jail for not doing their jobs - nothing different than if a minor is caught smoking in someone's car - the driver could lose their license for allowing the criminal act to go on ...

Not that I agree with this crap - it is all about MONEY ... there is not a law enforced that does not pay to enforce it ... why you think not wearing a seat belt is so expensive??? And a law??? - MONEY ... get used to it - it is a greedy world out there.

Peace;

Aintmyfault

Yes. They are there to provide security, which means making sure people are following the laws, however stupid.

You wouldn't ask this question if they were standing out there with a can of beer, would you? Obviously the guard would be ok asking for id with alcohol. Cigarettes are just as regulated and the mall has the right to ID anyone and ask anyone to leave.