Originally posted by ararisq
reply to post by Xcathdra
I won't even attempt to guess at what a security guard is able to do - but I would expect it would not exceed the rights of a normal civilian.
I work as a security-guard/officer. And I work with off-duty peace-officers who double as security-guards in their spare time. I can tell you that a police-officer (off-duty or not) who's operating as a security-guard still retains their law-enforcement authority. Now if it's a regular security-guard (even if they have a peace-officer license---In state of Texas it is called a TCLEOSE.). You're pretty much right about right about their rights not exceeding that of a normal civilian. There's one power a security-guard has that a police-officer does not. And that is; If somebody is breaking the law or something else bad that is taking place that would require attention of police. A security guard does NOT need to intervene if they don't want to and they can't necessarily be held accountable criminally (but that doesn't mean they can't be taken to civil-court). They can intervene if they want to as long as they act on their intervention responsibly. Me? I WOULD act.
However if I'm teamed up with a police-officer operating as a security-guard and I'm backing them up & vice-versa. I have the very same authority as a police-officer. Though even without that authority. I do have a right to ask for ID from somebody as long as I'm on private property. I also have some level of rights to stop somebody with a vehicle equipped w/ emergency lights as long as their not red & blue. BUT I wouldn't do it. Unless my boss allowed it and I was given orders to utilize that right.
Now if I ask for ID from someone? And that person tells me "No" And for me to go f*** myself? Well then...I'm going to have to go f*** myself. That means that I can't legally force them to show me their ID by detaining them and searching their person, etc. Say for instance I'm pulling security at an apartment complex and I see somebody I don't like (by which I mean somebody who looks like a piece of crap and believe me if you're in my position you'll know when you see them) I ask them to stop where they are and ask. "Hello sir/maam. Are you a resident? No? What's your name? Okay. You're visiting? Who are your visiting? Okay. Your baby's momma/daddy? Okay. What's the apartment they are at? Oh. You don't know the number to the apartment? You just know where it's at? Okay. Can I see your ID please? No? You don't have ID? (OR) Oh really? You don't have to show me ID? Well I tell you what. You either present ID to me? Or I'm going to find out where the apartment is that you're going to--regardless---because I will find out! And when I do? The person you're staying with in that apartment is going to receive a lease-violation. And a lease-violation is a precursor to an eviction. And when that happens? It's going to be your fault because you refused to ID yourself. Now you either show me your ID to prove who you are or I'm going to have to ask you to get off my property. And if you refuse? Police are going to come out here and cite you for trespassing. You have ten seconds. 10...9...8... (Usually at this point they show me their ID.)
But if they're still refusing to show ID and they walk off or drive off? Well then I can follow them to the apartment they're headed to and once they go in. I write down the apartment-number. And write it down in my report-log. And once it get's e-mailed to the manager. She writes up a lease-violation for that person's apartment.
It's that simple.
Now if it's a gated-community I'm pulling security for. Somebody is coming in and I know they don't live there. They feel it's none of my business to know who they are, who they are visiting, and that they don't have to show me their ID? Guess what? It's none of their business for them to be out there. I don't have to let them in through the gate. At that point if they do anything stupid like try to crash through the gate? Well...that's a no-brainer. Their ass is going to be yanked out of their little jalopy and their ass is going to get hooked up.
It's that simple.