User Panel
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?
|
|
No
waasnt cash a liberal? I know my waasnt is wrong but my delete and backspace wont work |
|
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.
|
|
|
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. |
|
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? |
|
Everyone has the same rights. You don't get extra rights as part of your job regardless of what it it.
|
|
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.
|
|
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? |
|
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. |
|
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 |
|
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.
|
|
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 |
|
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 |
|
Quoted:u
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 |
|
Depending on the state you are in they can detain you
if you steal from them or commit certain crimes in their presence. |
|
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. |
|
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" |
|
|
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. |
|
Quoted:
what happens to the merchant if the person is innocent? View Quote 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. |
|
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. |
|
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.
|
|
They represent the property owner, so in may cases have more powers than the cops.z
|
|
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 "I had no intention of asking them a damn thing" |
|
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 |
|
Security Guards have the same rights as any other citizen, such as citizens arrest. There may be state laws that may differ though.
|
|
|
|
|
|
|
Quoted:
how bad is the lawsuit if you are wrong? View Quote 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. |
|
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. |
|
Quoted:
so i am getting 6 figures? View Quote You Get Nothing! |
|
|
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 |
|
|
|
|
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.