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Does security guards have the right to detain you?

sanjuro

sanjuro

Rider
Joined
Jul 1, 2009
Location
Oaklamd
Moto(s)
GSX-R 1000
Name
Steve
I was watching skater vs security guard vids, and I was wondering if security guards have the right to grab and detain you while you are trespassing?

I do some street sessions with my mountain bike, and I just leave whenever security arrives, so I doubt I will be doing a Mike Vallely.

But I don't think of security as the police. If the trespassers are leaving, even if they are being bratty, I don't see how an arrest can be made, much less having security assault you.

Here's the vid in question:

[youtube]T0rh4a9raXA[/youtube]
 
I'm not watching the video...

but security guards, like any other private citizen, have the power to arrest you

http://law.onecle.com/california/penal/835.html

http://www.supremelaw.org/cc/aol2/roddy/pc.837.htm

the safeway loss prevention guys use this all the time... they're regularly detaining and fighting with booze thieves in my service area. By the time I show up they have the arrestee cuffed, the merchandise photographed and valued on a receipt, and all the paperwork and statement forms filled out.
 
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Must suck ass chasing someone while wearing a suit. I find it almost humorous how guards get all jacked up on the most minor of things- glad the smoke calmed him down.
 
The security guard should be arrested for trying to molest a minor.

Putting his knee on her ass, and kept asking her, "How you doin?"
 

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orbframe said:
http://www.supremelaw.org/cc/aol2/roddy/pc.837.htm

the safeway loss prevention guys use this all the time... they're regularly detaining and fighting with booze thieves in my service area. By the time I show up they have the arrestee cuffed, the merchandise photographed and valued on a receipt, and all the paperwork and statement forms filled out.
Click to expand...

in pc 837, what constitutes a "public offense" in (1)? (2) and (3) pretty obviously refer to felonies.

cliff notes on the video, it's a girl (13-14'ish) skateboarding, sees security, and they take off. security chases them down and pretty much shoves her onto the ground and pins her there.
 
sanjuro said:
I was watching skater vs security guard vids, and I was wondering if security guards have the right to grab and detain you while you are trespassing?

I do some street sessions with my mountain bike, and I just leave whenever security arrives, so I doubt I will be doing a Mike Vallely.

But I don't think of security as the police. If the trespassers are leaving, even if they are being bratty, I don't see how an arrest can be made, much less having security assault you.

Here's the vid in question:

[youtube]T0rh4a9raXA[/youtube]
Click to expand...

Wow that security guard is a little bitch. I don't fully agree with his tactics on a young girl. If there was an issue then call the police and let them handle it. No need to go hands on with someone that clearly is not a threat.

Look at the way he moves his feet when he is walking towards the camera man. He walks like a cocky son of a bitch., like he actually enjoyed it.
 
deathbug74 said:
in pc 837, what constitutes a "public offense" in (1)? (2) and (3) pretty obviously refer to felonies.

cliff notes on the video, it's a girl (13-14'ish) skateboarding, sees security, and they take off. security chases them down and pretty much shoves her onto the ground and pins her there.
Click to expand...

A public offense is just what it sounds like. It's a codified offense in one of the California code books or muni code that is enforceable as an infraction, misdemeanor, or felony.

I have read a section in the penal code giving retailers the authority to detain. However, for the most part, any private person must have enough to make an arrest for the detention will be considered an arrest by non-peace officers.

I didn't watch the video. If it was a place open to the public, she would have first had to have been asked to leave and allowed to comply for a trespassing arrest to occur, unless she had a standing order from previous contacts not to return or a served restraining order.
 
I guess if she's been told not to skate there, and chased from the premises twice before, she should probably find somewhere else to skate. Disrespectful little bitch.
 
That wasn't a very good arm bar takedown...

Anyway, I'm conflicted on this one.. she wasn't a threat however she was warned 2 previous times already. Maybe he should have verbally warned her to stop before he took her down to give her a chance to surrender.
 
As already answered: yes, security guards can detain individuals. I've worked with 4 different security companies and each have their own protocool and policy (compliant with Federal and State law of course) on how to handle certain situations. When I worked at a shopping mall, we always had skaters on (private) property. Half the time they comply and go on their way. The other half we usually just call local PD and let them handle it. Depending on the responding officer, he or she may move forward with a trespass cite (if the security guard/company is willing to press charges). Some police officers get irritated because they have to get out of their way to respond to a bs skater call. YMMV



and stop watching misleading videos on youtube;)
 
GhostRider510 said:
As already answered: yes, security guards can detain individuals. I've worked with 4 different security companies and each have their own protocool and policy (compliant with Federal and State law of course) on how to handle certain situations. When I worked at a shopping mall, we always had skaters on (private) property. Half the time they comply and go on their way. The other half we usually just call local PD and let them handle it. Depending on the responding officer, he or she may move forward with a trespass cite (if the security guard/company is willing to press charges). Some police officers get irritated because they have to get out of their way to respond to a bs skater call. YMMV



and stop watching misleading videos on youtube;)
Click to expand...

Security Guards can not detain in the same way a Police Officer can. You may want to watch your word usage as technically a Security Guard can not detain, they can make a private persons/citizen's arrest for an offense that occurs in their presence.

Detention is a function of Reasonable Suspicion that a crime is occurring or may occur, and only Peace Officers can detain.
 
^oh I agree. The PC was already laid out so I didn't want to go be so thorough. It's more "Sir/Ma'am, I am detaining you until law enforcement arrives" type of deal. Cause technically, the guard isn't making the arrest ;)
 
orbframe said:
I'm not watching the video...

but security guards, like any other private citizen, have the power to arrest you

http://law.onecle.com/california/penal/835.html

http://www.supremelaw.org/cc/aol2/roddy/pc.837.htm

the safeway loss prevention guys use this all the time... they're regularly detaining and fighting with booze thieves in my service area. By the time I show up they have the arrestee cuffed, the merchandise photographed and valued on a receipt, and all the paperwork and statement forms filled out.
Click to expand...

And stand liable to false arrest and imprisonment prosecution if the arrestee decides to sue.
 
GhostRider510 said:
^oh I agree. The PC was already laid out so I didn't want to go be so thorough. It's more "Sir/Ma'am, I am detaining you until law enforcement arrives" type of deal. Cause technically, the guard isn't making the arrest ;)
Click to expand...

Actually, technically the guard is making the arrest, the Police will either take custody or decide if it is a good candidate for a 849(b)PC...
 
afm199 said:
And stand liable to false arrest and imprisonment prosecution if the arrestee decides to sue.
Click to expand...

true, but only if it's a bad arrest


edit: whoops, wrong forum (if you saw my deleted msg)
 
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orbframe said:
true, but only if it's a bad arrest
Click to expand...

Yep. That's why if one of those little jerks at Fry's ever gets in my way as I'm walking out with my legally purchased goods and receipt, I just walk around them.

If they want to stand in front of me or otherwise detain me, that's fine - but I can guarantee you I'll be getting a very nice TV out of the deal!
 
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