Private Citizen, was just wondering when you can cuff if the person wasn't cooperative. I work security but during my training it seemed quite vague. I know better be sure if you put your hands on someone but from your point of view how does it apply when your dealing with someone out of control.
2006-07-07 11:29:09 · 4 answers · asked by NEOTEH 4 in Politics & Government ➔ Law Enforcement & Police
Be careful. You have no protections at all. You can cuff, but if you are wrong, you can be charge with a crime (a felony).
You can tell anyone that they are under citizens arrest. They are under no real obligation either legally or ethically to listen to you. This basically comes under the same provisions as the self-help repo laws - meaning you are one your own both to make the arrest, effect the arrest (cuff) and to defend the arrest.
Count on being sued 100% of the time. Count on losing if you cannot 100% prove your case. Private security has no more rights to arrest than a normal citizen. That is why security guards are merely to observe and report.
2006-07-07 11:42:46 · answer #1 · answered by Anonymous · 2⤊ 0⤋
The difference between what a security officer can do and what a police officer can do is alot different.
If on a valid traffic stop the officer feels there is a danger, he may cuff and detain them in the back of his car.
If he has reason to beleive a crime has been committed he can detain them. ( he will have to be able to explain in court why he did.
A security person is not protected by a power of arrest other than that of a citizne, There would have to be a direct belief that the person was an immediate danger to someone, or you would have to have proof that they did a crime and you were going to detain for an arrest. ( you actually witness the crime)
Anytime you can put your hands on someone, you have detained and placed them under a form of arrest, so if you can touch them and detain them physcially you can cuff them. No real legal difference, since any physcical detention is just that
2006-07-07 21:55:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The Former Deputy Sherriff is right, if you can articulate (present) the reason why you had to cuff this person..may it be because they were a danger to themselves or others, to defend yourself from harm. But State rules govern Security Officers and thier activities. When you go to court for things like this the Pre-Ponderance of Evidence (the evidence that is more convicing) will be looked at your background, your training, and your Companies Policy and if you violated policy and damages occurred then you will lose. If not..you'll walk out with a smile on your face.
John
Police Academy Student
2006-07-07 19:59:34 · answer #3 · answered by A+ Certified Professional 5 · 0⤊ 0⤋
When you cuff someone you are taking their freedom away and they have officially been detained and can't leave. You have to pretty much know you are taking the suspect when you put the cuffs on. If someone is out of control, you pretty much have a disorderly on your hands so you have that charge to back you up.
2006-07-07 18:36:03 · answer #4 · answered by sean o 1 · 0⤊ 0⤋