I'm curious, I saw an article on a blog how some teenager was speeding through a gated community and didn't pull over for the private security company. They issued him $700 in fines when he crashed his car for speeding (he was doing 65 in a 30 zone)
2006-11-30 03:49:12 · 12 answers · asked by Jan D 1 in Politics & Government ➔ Law Enforcement & Police
Note: I'm not looking for legal advice or anything, and no, I'm not in trouble. I'm just curious...
2006-11-30 03:53:01 · update #1
If the kid was the child of a homeowner, then yes. Why? The parents signed the CC&Rs when the bought property in the gated community.
Homeowners in gated communities agree to abide by various rules, including speed their cars can attain.
If the parents agreed to those CC&Rs and their child was violating the rules, the fine is justified.
It is also justified if the parent's take the kid's drivers license and make him work off the fine!
2006-11-30 04:02:24 · answer #1 · answered by WhatAmI? 7 · 1⤊ 0⤋
Private Security's authority varies by state. In most cases, the Security Officer has only those powers given by their Employer or Contractor. In the case above, the answer is yes, but getting the money is another matter. If it is a State or Municipal Court authorized ticket, it's the same as any police officers, however, if its been issued by the gated communites association, I'd question it. Be advised though, by not paying it, they could issue a trespass order against the kid and if he enters the property, he could be arrested on sight. (a bad thing if he lives there) Personally, what he did was pretty stupid and he ought to pay the fine. He is lucky that they didn't call the Police and have him charged with Reckless Driving, accident resulting. It would have cost him a whole bunch more than 700 bucks!
2006-11-30 07:03:37 · answer #2 · answered by SGT. D 6 · 0⤊ 0⤋
In Missouri, no, though this may vary by state. A security officer only has the authority to place you under "citizen's arrest" until a police officer arrives. If he does this without reason, he can be prosecuted for false arrest and face further civil suits (and possibly impersonating a police officer). Also in Missouri, a police officer (we're talking about private areas here, not public roads) cannot issue a citation for a driving violation other than parking in a handicap spot or fire lane, or "careless and imprudent driving". The reason, at least in Missouri, is that a private company has no legal authorization to post speed limits or stop signs. They can anyway, but there is no legal way for them to be enforced.
State-owned colleges and other such state-owned land can and do have such abilities, but not private companies or private lots. The most they can do is tell you to leave and not come back.
In the particular situtation you are talking about, if he is a resident, he probably has a contract with the company authorizing its recognition, that would be legal (and I'm assuming he is a resident of the community).
2006-11-30 04:01:32 · answer #3 · answered by The Doctor 7 · 1⤊ 0⤋
I'd guess that the private security company would be deputized to enforce the law in that particular community.
If he was written a citation for speeding (and probably property damage), I'd almost bet the cops were called in on it.
He'd be given a court date, fined, and if he didn't pay, he'd be tossed in jail.
Private security is not exclusive of the local police department; the community is still within the county..
2006-11-30 04:00:44 · answer #4 · answered by tmlamora1 4 · 1⤊ 0⤋
I would say yes and I am wondering did this go to court in front of a judge . Who were the fines paid too ? The company who owns the property and pays the security, the city ,the county or the state .
2006-11-30 04:45:44 · answer #5 · answered by mooneyes 1 · 0⤊ 0⤋
Any private entity can levy a charge for use of its property. If the kid had fled without being caught, I don't believe the company would have had any means of enforcing a fine without suing him, which would be hard to pull off if there was no damage. With an accident having occurred, it might be a different story.
2006-11-30 03:54:30 · answer #6 · answered by Zombie 7 · 1⤊ 0⤋
First off, he was an idito for doing 65 in a 30 and then crashing. But unless he lives there I don't see how they can fine him. They're not a public law enforcement entity. If he lived there, I'm sure the HOA CC&R's have something where they can fine for all sorts of things.
2006-11-30 03:52:37 · answer #7 · answered by dapixelator 6 · 1⤊ 0⤋
Serves him right. The 30mph rule is there for a reason; going at more than twice the speed limit is simply asking for trouble. He should just pay and remember to drive properly next time. And if he thinks that being fined is a mistake (after, I assume, destroying some property during the crash), then he should hire a lawyer to try to get a refund on the basis of extortion.
2006-11-30 03:55:38 · answer #8 · answered by HopeURSatisfiedW/MyAnswers 3 · 0⤊ 2⤋
Private securitry can not issue a citation for ANY state statute. That stated, depending on HOA, they can hand out "tickets" for infractions of the HOA policy. As far as $700.00? I'm thinkin when he "crashed" these were for damages caused.
2006-11-30 05:30:05 · answer #9 · answered by tallerfella 7 · 0⤊ 0⤋
We have CN/CP train police here in Canada. They can pull over and charge vehicles on railway property (private). They are sworn as special police constables. Maybe the same things are happening where you are.
2006-11-30 05:19:20 · answer #10 · answered by joeanonymous 6 · 0⤊ 0⤋