this post was submitted on 21 Nov 2024
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You can be arrested for trespassing after they've asked you to leave, even if you're in the right in the argument you're having with the clerk. Generally the cops will ask you to leave before arresting you, but they don't have to.
I somewhat agree with you that it would have made it even more of a mistake, but it would be far from the first time that Hertz got some of their customers arrested and didn't really seem to care about the bad publicity. I think I probably wouldn't risk it.
They do need to ask you to leave, because you can only be arrested for trespassing after you've been formally trespassed (i.e. given clear legal notice that you're not welcome) and violate those terms (i.e. you remain or return within the time established in the order).
If they arrest you before giving you that warning, that's wrongful arrest and you can sue the department for it. They don't need to tell you multiple times, but they do need to issue a lawful order.
This can absolutely vary by jurisdiction, but in general you cannot be arrested from a "public place" (and private businesses count, assuming they're open to the public) without a trespass order.
If they tell you to leave, you refuse, and you stay there for the length of time it takes for them to call the cops and for the cops to arrive, you're committing a crime. You don't need to have a formal written trespass in order to be arrested from a private business for trespassing. It happens all the time, often because someone is under the impression as you said that the "warning" they got verbally from the cops 10 seconds ago wasn't legally sufficient. It is.
In practice, the cops when they arrive will usually start off by asking you to leave and informing you for the bodycam recording that you'll be arrested if you don't. If you then agree to leave, you'll almost always be all good. I think the extra flexibility about it stems from some mixture of courtesy, wanting to have an airtight case for the arrest if you do refuse, and aversion to paperwork. But you can technically be arrested on the spot because you refused to leave the first time the business asked you to, and the pattern of "please leave" / calls cops / cops come / "leave or you'll be arrested" / "no" / arrest is a very standard pattern, nothing to sue over.