Basically, if you live in a gated community, and there is a private security force that issues traffic tickets, noise complaints, etc., can they legally break the legal speed limit or drive recklessly to pursue you and give you a ticket?
2007-02-20 11:13:42 · 4 answers · asked by bowhunter637 2 in Politics & Government ➔ Law & Ethics
After reading the other answers, I don't know where to begin. First of all, security officers are not commissioned peace officers. They cannot legally issue traffic tickets, whether on private property or not. Unless the security officer is an off-duty Police Officer working a side job as security, they have no legal authority to write you a ticket.
Second, about the traffic laws applying to security officers in pursuit of someone, the technical answer is no, they cannot break traffic laws to pursue you. However, if they witness a crime and are pursuing a suspect, in my experience the Police will not have an issue with the security officer breaking traffic laws to follow the suspect until the Police arrive. The only exception to this would be if the security officer is putting others in danger or has caused harm to others by pursuing. In fact, most times when a security officer calls the Police to report a crime in progress or a crime that has just occurred, the Police call taker will advise the security officer to follow the suspect if possible.
Also, security officers cannot pursue a suspect with lights and sirens on public streets.
2007-02-20 23:17:59 · answer #1 · answered by dh1977 7 · 1⤊ 0⤋
Actually...Yes...BUT>>>then again you can too. The "Speed Limit" set by the community in MOST states carries no basis in Law...just in the community...If the community is a PUD then it is more than likely a non-profit Org. and they technecally can not access a monitary fine on you...it voids most non-profit agreements...you are on private property and can go what you like on that property...BUT again...CHECK WITH A LAWYER IN YOUR STATE...they will know and better explain the local laws...
2007-02-20 11:59:58 · answer #2 · answered by Real Estate Para Legal 4 · 0⤊ 0⤋
I would say yes, given that they are private security hired by the hoa for use on private property...similar to the public security (police) exceeding speed limits while on persuit on public streets...
2007-02-20 11:36:08 · answer #3 · answered by JustJen 5 · 1⤊ 0⤋
yes they can as it is private property. the homeowners are PUD or HOA and they not the city make and control what goes on inside. I used to live in one. NEVER again.
get a copy of the HOA rules. they are the law.
2007-02-20 11:19:47 · answer #4 · answered by CCC 6 · 1⤊ 0⤋