Calling all security guards

[pullnshoot25]

Just got off the phone with Professional Security Consultants (the company whose lackeys detained me on the 1st for open carrying) and basically, they are not allowing me to look at the security procedures for their company so I now can't find any real information about what happened.

Basically, the company is standing behind their guards and said that they acted reasonably given the circumstances, even when they did not give me the option to leave. According to their lawyer, they were justified in investigating and for reasonably detaining me, but I don't know if this is supported by any of the laws.

I have a little research on my hands to do but if there are any guards that work for PSC on this board that would be helpful. Even better, anyone that knows about the laws regarding these things would be really nice as well.

I am LIVID that these people won't quit being lame and start answering my questions with legal support.

OK, off to work for a little while. Thanks guys!

-N8

[DedEye]

A subpeona might help.

[Casual Observer]

Generally speaking security guards are only allow to detain you if they witness you committing a crime (usually only in their "area of operations".) With that comes liability. If they wrongfully detain you then they can open themselves up to civil action.

In short, a security guard, in most circumstances, has no special "powers" than any common citizen. The only difference is that they're an organization paying people to "observe and report".

** should be noted that this is pretty general for your "mall cop" type guards. Not all guards play by the same rules. The SoCal Edison guards at the Nuke plant in San Onofre roll around with Glocks and M4s and don't **** around.

[devildog999]

As I told you before, a security officer CANNOT detain! They can only arrest, same as a citizen. They can call it whatever they want, but a court will call it false arrest. I am a security guard for 3 years now I know this for a fact as we were explicitly reminded over and over so that we didn't get the company sued for false arrest. If they stop your forward progress (in other words your leaving), they have arrested you. Unless you are CONVICTED of a felony, the arrest if illegal. Notice I said CONVICTED and not charged. You have to be convicted of it.

[devildog999]

Generally speaking security guards are only allow to detain you if they witness you committing a crime (usually only in their "area of operations".) With that comes liability. If they wrongfully detain you then they can open themselves up to civil action.

In short, a security guard, in most circumstances, has no special "powers" than any common citizen. The only difference is that they're an organization paying people to "observe and report".

** should be noted that this is pretty general for your "mall cop" type guards. Not all guards play by the same rules. The SoCal Edison guards at the Nuke plant in San Onofre roll around with Glocks and M4s and don't **** around.

Ain't that the truth, then again that is a Nuclear Power Plant (I think of them as San Diegos Titties ) Plus, most are prior Marines, and that is how we roll anyway

[5150Marcelo]

Send a box of donuts with a paper with the q;s you want answered. make sure to include a self addressed stamped envelope

[pullnshoot25]

As I told you before, a security officer CANNOT detain! They can only arrest, same as a citizen. They can call it whatever they want, but a court will call it false arrest. I am a security guard for 3 years now I know this for a fact as we were explicitly reminded over and over so that we didn't get the company sued for false arrest. If they stop your forward progress (in other words your leaving), they have arrested you. Unless you are CONVICTED of a felony, the arrest if illegal. Notice I said CONVICTED and not charged. You have to be convicted of it.

That is what I said! Maybe I need to make a 3-way call with these jackasses with an actual security guard.

Is it difficult getting a subpoena?

[CSACANNONEER]

You tried to play nice and they didn't want to. Now, don't contact them again. You have another option, just find a good attorney who will help you sue them for violating your civil rights!

If this ocurres again, try to leave peacefully. If they physically restrain or assault you, you could be a rich man and, they could face charges ranging from simple battery to felony kidnapping and false imprisionment.

[bigmike82]

I used to work for them, and quit after 3 months.

They just settled, or are in the process of settling, a class action filed by some former employees for labor rules violations.

They will, in no way shape or form, admit that they or their guards did anything improper; if that's what you're looking for, you're peeing into the wind.

[CSDGuy]

I have to agree with tyrist. Those guards shouldn't have been confronting someone who's armed. Second, unless you're being detained under the merchant rule (basically suspicion of shoplifting), they're not allowed to detain you. They prevented you from leaving - that's false arrest. Outside of the Merchant Rule, security guards have zero authority to detain anyone. Their options are simple: arrest or they must let you go.

Companies like that one deny any wrongdoing with the idea that most people give up and don't take matters further (like into court).

[dadoody]

Just got off the phone with Professional Security Consultants (the company whose lackeys detained me on the 1st for open carrying) and basically, they are not allowing me to look at the security procedures for their company so I now can't find any real information about what happened.

Basically, the company is standing behind their guards and said that they acted reasonably given the circumstances, even when they did not give me the option to leave. According to their lawyer, they were justified in investigating and for reasonably detaining me, but I don't know if this is supported by any of the laws.

I have a little research on my hands to do but if there are any guards that work for PSC on this board that would be helpful. Even better, anyone that knows about the laws regarding these things would be really nice as well.

I am LIVID that these people won't quit being lame and start answering my questions with legal support.

OK, off to work for a little while. Thanks guys!

-N8

They were within their rights to question you, but detaining you/prevent you from leaving is considered a private persons arrest.

You could probably sue them if you wanted, but that's up to you if you want to spend the time on that.

Personally, I think you should get a large group of people together - all genders, ethnicities, and ages, and have everyone just go and open carry. Just shop and go about normal business.

[kermit315]

Ain't that the truth, then again that is a Nuclear Power Plant (I think of them as San Diegos Titties ) Plus, most are prior Marines, and that is how we roll anyway

sorry to threadjack, but I never knew that was a nuclear plant. interesting.

[devildog999]

sorry to threadjack, but I never knew that was a nuclear plant. interesting.

It is the giant booby looking concrete things with the red light on top. You can see them as you approach the Basilone Road entrance to Camp Pendleton.

[devildog999]

I can tell you right off the bat those "security" guards were idiots in the first place....they confronted an armed suspect. Also detaining you was improper for them. They should have informed the police and monitored the situation till the police arrived to investigate. I hope you sue them and win....I can't tell you how many fubar situations I have walked into involving security guards that are over stepping their bounds.

Also be aware of one fact however...the constitution only protects you from the government not private citizens. You would pretty much need a crimminal report of false imprisonment...and then actually prove they prevented you from leave outside of asking you to stay there.

AGAIN, security guards CANNOT detain. They arrested him. All he needs is the DA to subpoena a copy of the tapes at that time to see them surrounding him stopping his leaving. He wasn't even charged, let alone convicted of a felony. They were in the wrong, not that hard to prove.

[rg_1111@yahoo.com]

Why was you being Detained? What did he say? You can sue the security guard and the company he works for if you didn't commit a crime. It is illegal for him to detain you.