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Originally posted by Xcathdra
He was not a security officer.. He was a deputy sheriff working security at walmart and was in full police uniform.
Not completely accurate.. We are protected from civil / criminal charges if our actions are within the laws / Supreme Court rulings. As an example law enforcement can use force in order to do our duty. However the Supreme Court has stated once the threat diminishes, the use of force must as well or we are violating a persons consitutional rights.
Originally posted by Golf66
They are a protected category of person upon whom crimes committed (such as assault etc.) have a special status.
If a person shoplifts from walmart they have committed a crime, regardless if the person stopping them are security or law enforcement. In the end the store is the determining factor on whether charges are brought or not, not the officer.
Originally posted by Golf66
The conflict comes when they are being paid by a private organization to protect that private interest’s property and to preserve order at their venues under presumably sometimes different rules than the law of the land.
Originally posted by Golf66
For example - search and seizure, sure it’s a private venue so if you want to enter you have to consent to the bag search. I have no problem with this issue thus far.
Originally posted by Golf66
However, the difference is striking to me in some specific instances... If someone attempts to enter a venue with private security who are not LEO's and has in their possession of say an illegal substance (weapon, whatever).
The private security guard can indeed call an LEO and report the crime but they have no authority to detain the person forcibly - and if they do they are committing a crime themselves.
Originally posted by Golf66
A LEO must have probable cause to conduct a search (or consent) since the venue requires consent to enter it is then implied and the citizen may or may not given the circumstances know the person is a LEO or some hired guard. Now the bonehead attempt to take an illegal substance into a venue is not just grounds for non-entry it is a crime, witnessed by a LEO.
There are varying degrees of this practice like the one here where the Deputy was in uniform and the idiot should be real clear he is an LEO.
Originally posted by Golf66
However, there are some moonlighting gigs like a bouncer say which the LEO might not be in uniform but as an off duty LEO he still has all the rights and responsibilities on one (and also the special status under the law). Now here say in breaking up a bar fight the act of striking a bouncer would maybe result in an assault charge (having preformed these duties and been struck quite often as a result usually it’s not reported just cause its a hassle) is now striking a law enforcement officer and probably later resisting arrest and a whole slew of other things.
Originally posted by Golf66
IMO a LEO who wants to make some extra cash by moonlighting as security should not in that situation have the same status or authority since he is no longer serving in the neutral role of serving the public (at their expense) but is in effect the paid enforcer for a private corporation or person's desires/rules.
Originally posted by Golf66
Just my two rubbles. It won't go away - I just think it is a dubious practice and in effect an abuse of the position in using one's special status and arrest powers to get employment with a private company.
Originally posted by Golf66
Want to moolight fine, everyone can use extra money. However, they shold have to give up thier special status since they are no longer serving the public but being paid to enforce corperate policy.edit on 13/12/2012 by Golf66 because: (no reason given)
Originally posted by Xcathdra
Not completly accurate.. It will depend on the state law. In my state (Missouri) private security can in fact detain individuals who have violated the law and hold them for law enforcement. They can use force to detain the individual as well.
Originally posted by Xcathdra
If a police officer is off duty / not in uniform and takes actions, they MUST identify themselves as a police officer (inluding being able to provide comission card). Failure to do so will preclude any charges that would normally apply if the person were in uniform. A person cannot be charged with assault on law enforcement unless the person knows they are a law enforcement officer. They can still be charged with assault though, just like any person who strikes a bouncer / security officer.
Originally posted by Xcathdra
Working as private security does not change what the officer is allowed and not allowed to do.
Originally posted by Xcathdra
Commissioned law enforcement aside many states allow a private individual to effect an arrest. There are no special powers law enforcement has when working at walmart as security.
Originally posted by Xcathdra
We are not enforcing corporate policy.. Corporate Policy does not dictate what a crime is. Corporate policy DOES dictate on whether the company will prosecute or not.
Originally posted by Xcathdra
Hope this helps clear up some of the confusion.. Any other questions / comments or concerns just ask
Originally posted by Xcathdra
reply to post by zatara
He was not a security officer.. He was a deputy sheriff working security at walmart and was in full police uniform.
People pay LEO’s to protect and serve the public not enforce the desires of a private entity through their often intimidating (to the general public) presence.
Originally posted by Xcathdra
The Officer's pay was provided by Walmart, not the taxpayers.