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Posted: 3/25/2017 9:28:44 PM EDT
Do people working private security (bouncers, loss prevention agents, etc) have the right to touch and detain people?  If so under what circumstances can they?  If they touch you under non such situations are you allowed to break them?
Link Posted: 3/25/2017 9:35:36 PM EDT
[#1]
Tag.

To see what the right answers versus my answers are!
Link Posted: 3/25/2017 9:38:12 PM EDT
[#2]
OP have you been touched?
Link Posted: 3/25/2017 9:38:27 PM EDT
[#3]
what are you answers?
Link Posted: 3/25/2017 9:39:50 PM EDT
[#4]
No

waasnt cash a liberal?  I know my waasnt is wrong but my delete and backspace wont work
Link Posted: 3/25/2017 9:40:15 PM EDT
[#5]
I will guess that if you are on the private property of whomever hired the security, then they can detain you if you may have broken the law. Whether they actually know the law is a different story.
Link Posted: 3/25/2017 9:40:58 PM EDT
[#6]
Link Posted: 3/25/2017 9:41:59 PM EDT
[#7]
Pretty much varies by location
Link Posted: 3/25/2017 9:42:25 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I will guess that if you are on the private property of whomever hired the security, then they can detain you if you may have broken the law. Whether they actually know the law is a different story.
View Quote
you are guessing but how physical can they get?
Link Posted: 3/25/2017 9:44:15 PM EDT
[#9]
I believe it differs state to state. I know here in AZ a merchant can detain someone who they think is shoplifting using reasonable force for a reasonable amount of time in order to call LE. That includes physical restraints.

Not sure about other states.
Link Posted: 3/25/2017 9:44:32 PM EDT
[#10]
This answer will vary based on location, licensing, what the business wants, etc...

This thread will be filled with nonsense.

I also want to know what prompted the story. Get kicked out of the bar last night, op?
Link Posted: 3/25/2017 9:44:50 PM EDT
[#11]
Everyone has the same rights. You don't get extra rights as part of your job regardless of what it it.
Link Posted: 3/25/2017 9:45:58 PM EDT
[#12]
Depends on the state, but here in TN armed and unarmed security have no more authority than a private citizen to detain, arrest, or use deadly force, unless we are talking about nuclear security.
Link Posted: 3/25/2017 9:47:15 PM EDT
[#13]
They've got the same as anybody else, and especially the same as whoever hired them.

You'd need to see what your state laws are concerning citizen's arrest, the shopkeeper's privilege, etc.

There may be a few states where private security has some sort of actual police powers. I don't know for sure which ones those might be. In my state, they usually don't (but there's one large government entity that has about two hundred mall ninjas in a very strange legal situation...)

I gotta ask... What happened?
Link Posted: 3/25/2017 9:47:22 PM EDT
[#14]
They have the right to remain silent.  

And to be represented a lawyer.

And to free universal health care.

That's about it.

Except for bouncers.  They have the right to preside over gay marriages.  And the authority to grant gay divorces.  Its an odd quirk of the law.
Link Posted: 3/25/2017 9:47:59 PM EDT
[#15]
Quoted:
Do people working private security (bouncers, loss prevention agents, etc) have the right to touch and detain people?  If so under what circumstances can they?  If they touch you under non such situations are you allowed to break them?
View Quote
Show me Thom, on the doll where the bad bouncer touched you.
Link Posted: 3/25/2017 9:48:47 PM EDT
[#16]
They have the same rights as any civilian basically. Private security aren't cops, they have no powers of arrest. You can make a citizens arrest of course. Only time private security should detain someone is if they see them committing a serious felony. Like breaking into a house, or murdering someone. Then once the actual police arrive, they will arrest them. Private security can't do shit about people speeding fast, or smoking weed, or other minor stuff.
Link Posted: 3/25/2017 9:50:06 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I believe it differs state to state. I know here in AZ a merchant can detain someone who they think is shoplifting using reasonable force for a reasonable amount of time in order to call LE. That includes physical restraints.

Not sure about other states.
View Quote
what happens to the merchant if the person is innocent?
Link Posted: 3/25/2017 9:50:24 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
They have the same rights as any civilian basically. Private security aren't cops, they have no powers of arrest. You can make a citizens arrest of course. Only time private security should detain someone is if they see them committing a serious felony. Like breaking into a house, or murdering someone. Then once the actual police arrive, they will arrest them. Private security can't do shit about people speeding fast, or smoking weed, or other minor stuff.
View Quote
What's a serious felony?
Link Posted: 3/25/2017 9:50:45 PM EDT
[#19]
Link Posted: 3/25/2017 9:52:00 PM EDT
[#20]
Depending on the state you are in they can detain you
if you steal from them or commit certain crimes in
their presence.
Link Posted: 3/25/2017 9:52:53 PM EDT
[#21]
Wildly different in each state, and equally as vague.

The state guard licensing and contracts (even implied contracts) generally gives you the right to detain somebody that is committing or you've seen commit a crime on site.

The bar bouncer gigs are in a major grey area, but the understanding is you are removing someone who has been warned/asked to leave, because their presence trespassing is more of a risk than dragging them out.
Link Posted: 3/25/2017 9:54:03 PM EDT
[#22]
Do something stupid in my bar and I will hold you untill the cops show up.

If you can break me than I guess you go home. Good luck- "A bouncer"

Link Posted: 3/25/2017 9:54:36 PM EDT
[#23]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
This answer will vary based on location, licensing, what the business wants, etc...

This thread will be filled with nonsense.

I also want to know what prompted the story. Get kicked out of the bar last night, op?
View Quote
nothing prompts this story, I dont go to bars
Link Posted: 3/25/2017 9:55:13 PM EDT
[#24]
I would guess that bouncers play by a different set of rules, but LP types are generally under strict rules set in place by their respective employers.

Legally? I would guess much more leeway than the policies permit.

If possible, we have LEO on scene before the stop or if we feel that the suspect may be uncooperative.
Physical contact is avoided if at all possible, and then only defensively.
If someone flees, we will pursue to the vehicle and get license plate, description, direction traveled, etc...
While we are not permitted to physically hold someone in custody, it is very much in your best interest to cooperate with us and then the PD when they arrive. Fines and additional charges have a way of stacking up when people play games, and if you run, very rarely will you not get caught.
I've seen more than one shoplifting case turn into a police chase.
Hell, we've had the shoplifter get busted weeks later.
Link Posted: 3/25/2017 9:55:55 PM EDT
[#25]
op got fingered
Link Posted: 3/25/2017 9:56:22 PM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


what happens to the merchant if the person is innocent?
View Quote
In AZ the only standard for the merchant is "Reasonable Cause", so as long as they can demonstrate they had reasonable cause to detain the person, nothing happens.

Shoplifting also has a very broad definition in AZ. So the merchant would have to be pretty reckless in their actions or application of force to face consequences.
Link Posted: 3/25/2017 9:57:56 PM EDT
[#27]
In FL a merchant can detain.  If you resist or use force against the merchant trying to detain you, thats another charge.
If the merchant tells me you stole, they witnessed it and will swear it under oath.  Your going to jail, Im not going to even ask you any questions.
Link Posted: 3/25/2017 9:59:41 PM EDT
[#28]
As a former security guard and corrections officer, I can tell you security guards have no more authority than a citizen. I was told we were only there to dial 911. As a corrections officer, I was told we were required to intervene in the event of witnessing criminal behavior but we didn't have the power to arrest people. Not sure how that was supposed to work. I was never in a situation like that but that was due to never being anywhere other than home sleeping or at the jail on duty.
Link Posted: 3/25/2017 10:00:15 PM EDT
[#29]
They represent the property owner, so in may cases have more powers than the cops.z
Link Posted: 3/25/2017 10:00:24 PM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
In FL a merchant can detain.  If you resist or use force against the merchant trying to detain you, thats another charge.
If the merchant tells me you stole, they witnessed it and will swear it under oath.  Your going to jail, Im not going to even ask you any questions.
View Quote
"Why didn't you mirandize my client?"

"I had no intention of asking them a damn thing"
Link Posted: 3/25/2017 10:01:20 PM EDT
[#31]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
In FL a merchant can detain.  If you resist or use force against the merchant trying to detain you, thats another charge.
If the merchant tells me you stole, they witnessed it and will swear it under oath.  Your going to jail, Im not going to even ask you any questions.
View Quote
what happens ifthe person is innocent
Link Posted: 3/25/2017 10:01:54 PM EDT
[#32]
Security Guards have the same rights as any other citizen, such as citizens arrest.  There may be state laws that may differ though.
Link Posted: 3/25/2017 10:03:20 PM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


"Why didn't you mirandize my client?"

"I had no intention of asking them a damn thing"
View Quote
how bad is the lawsuit if you are wrong?
Link Posted: 3/25/2017 10:03:35 PM EDT
[#34]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


what happens ifthe person is innocent
View Quote
$11/hr part time isn't going to buy a decent lawyer.
Link Posted: 3/25/2017 10:04:02 PM EDT
[#35]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


what happens ifthe person is innocent
View Quote
Just for the record, when I show up somewhere I establish probable cause not guilt or innocence.
Link Posted: 3/25/2017 10:05:14 PM EDT
[#36]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


what happens ifthe person is innocent
View Quote
That sort of stuff involves a judge

Assuming you got arrested and charged with something
Link Posted: 3/25/2017 10:06:42 PM EDT
[#37]
I sort of miss Zaminsky.
Link Posted: 3/25/2017 10:06:50 PM EDT
[#38]
so i am getting 6 figures?
Link Posted: 3/25/2017 10:07:09 PM EDT
[#39]
In VA armed guards have arrest authority.
Link Posted: 3/25/2017 10:07:57 PM EDT
[#40]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Just for the record, when I show up somewhere I establish probable cause not guilt or innocence.
View Quote
are you private security?
Link Posted: 3/25/2017 10:08:19 PM EDT
[#41]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


how bad is the lawsuit if you are wrong?
View Quote
Miranda is required when someone is in custody and I interrogate them regarding the crime I have reasonable suspicion to detain them for committing, or probable cause to arrest them for.

Custody + interrogation = Miranda

Not questioning, no legal need for Miranda. But that doesn't mean it's a good idea to not advise them of their rights.

If I'm wrong about the arrest, so long as I was acting in good faith with the information I had at the time there is no lawsuit. If something comes out during trial that's not something I can be liable for.
Link Posted: 3/25/2017 10:08:25 PM EDT
[#42]
I wouldn't say bouncers have any more rights than anyone else but if someone requires to be physically restrained it's because they are fighting and refuse to stop. Generally if I carry/drag someone out there's no fight left after I drop them outside. The cops and other bars are notified but beyond that I don't care what they do.

The only time I restrain guys is if they are trying to fight me. Then I hold them untill the cops come. I usually find my way to my back so the cops can cuff them easier. Never had a legal problem.
Link Posted: 3/25/2017 10:08:49 PM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
so i am getting 6 figures?
View Quote
Link Posted: 3/25/2017 10:08:56 PM EDT
[#44]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


are you private security?
View Quote
No, I'm sworn LE in Arizona.
Link Posted: 3/25/2017 10:10:18 PM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Do something stupid in my bar and I will hold you untill the cops show up.

If you can break me than I guess you go home. Good luck- "A bouncer"

https://www.youtube.com/watch?v=g92Lz5Xe9co
View Quote
Please tell us you didn't post a video of you lifting, bro?
Link Posted: 3/25/2017 10:11:18 PM EDT
[#46]
Link Posted: 3/25/2017 10:11:22 PM EDT
[#47]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
so i am getting 6 figures?
View Quote
Probably not if you were a drunk retard. No one ever thinks they needed to get thrown out or held for the cops.
Link Posted: 3/25/2017 10:11:54 PM EDT
[#48]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I sort of miss Zaminsky.
View Quote
You know he passed.  RIP.
Link Posted: 3/25/2017 10:12:43 PM EDT
[#49]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
You know he passed.  RIP.
View Quote
Oh really?  Thought he was just banned.
Link Posted: 3/25/2017 10:13:01 PM EDT
[#50]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Please tell us you didn't post a video of you lifting, bro?
View Quote
Only to refute the OPs assertion that he's going to break bouncers or private security. If he wins

Eta, I'm drunk too
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