NoSuchPerson Stop, or I'll ask you again!
| | Re: Has a Security Guard Ever Tried to Detain You? <Reply # 26 on 7/11/2008 5:58 PM >
| | | Just a couple of corrections; In order to satisfy CCC494 requirements for a Citizen's Arrest, you must witness an indictable act take place. Example would be theft or assault. This applies to anybody who isn't a Peace Officer. A security guard however, is allowed to arrest "on or in relation" to property any person he/she finds committing a Criminal Offense - doesn't have to be Indictable. This is a big difference between a regular Citizen and a Security Guard. Also, the CCC allows a Security Guard to "use as much force is as reasonably necessary to remove a trespasser". You bet this means physical contact. What this means is that if I am a Security Guard on whatever property and I have already identified myself as such and you are refusing to leave (or any other condition that satisfies you as a trespasser), I am legally justified to use as much physical force as necessary to remove you. If this means you fight back, I can fight back. Resisting the S/O's attempts to remove you is considered unprovoked assault, and now your trespassing fine just got bumped up to assault which is criminal. As an S/O (or even a citizen), you have the right to search for weapons and means of escape. There is case law called "inevitable discovery" which means that if while searching for weapons or means of escape you happen across drugs, that search is legally justified because any reasonable person doing the same thing would happen upon it. So, when an S/O searches your backpack for weapons/means of escape and he finds stolen property from his site, guess what... Yes, a S/O has to warn you (caution you) that you are trespassing. However, he does NOT have to caution you about committing a prohibited act on property, even if there is no sign indicating such. For example, if I work in a shopping mall as a guard and I see someone skateboarding in the mall - there doesn't have to be a sign in order for me to remove you. Remember, regardless of notice or any signs posted, if a S/O directs you to leave and you don't, that's arrestable - regardless of the reason why he/she is asking you to do so. **All of the above is based on Ontario and Canada law, and could (probably) differs from where you are, so be sure to get familiar with the laws where you live.
Posted by krot Security guards have no more rights than the owner of the property, which they are protecting. Security guards do not have police officers' rights. But having said that, they DO have a right to a so called "CITIZEN's ARREST". Any person has a right to execute a citizen's arrest on somebody who is breaking the law. If it is withing common sense limits, of course. The only requirement is that you must NOT search that person and you are only allowed to remove tools or devices, which the arrested person can use to free himself, harm himself or someone else. Also, you must call police immediately after you perform citizen's arrest. This is the law in Ontario. So, it is NOT true that security guard has no right to touch you at all. For example, if you go to Loblaw's and see that a guy is beating an old lady, you have a right to stop and arrest that person. It is called Citizen's arrest. Also, you have a right to remove trespassers from your property. Security guard is also entitled to these rights and he can arrest you if you don't comply. But before he arrests you for trespassing, he must warn you, ask you to leave and give you reasonable time to comply.
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[last edit 7/11/2008 5:59 PM by NoSuchPerson - edited 1 times]
Unit calling radio say again? |
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