citizens arrest by security

Unregistered · 10-16-2014, 02:55 AM

If a security officer has made a citizens arrest on an individual for a breach of peace misdemeanor. Which we all know is lawful through case law and common law. How would you process the arrest after finding there is probable cause. Do you transport the suspect to jail after getting a victim witness form signed, issue an NTA, or just refer charges to the SAO?

Unregistered · 10-28-2014, 11:51 AM

A security officer can not make an "arrest" for disturbing the peace, or even detain a person except in a retail theft situation
Or tresspass in a critical infrastructure situations

Unregistered · 10-30-2014, 02:14 AM

Where did you get that load of shit information. Any private person can make a citizens arrest for a breach of peace and a felony. You might also like to check out 509.143 as agents of public lodging we can detain at apartment complexes and hotels.

Unregistered · 10-30-2014, 07:18 AM

I have been a LEO in Florida since the mid 70's and retired from a major city and also with a state pension..

Good luck Mr. Security citizen for trying to make that arrest.. In all my years on the job.. I have never.. ever seen it or a State Attorneys Office willing to have citizens do this .. so go ahead and try you will probably get your ass sued off in Florida!

This isn't out west.. or some small hick town.. there is also state statutes on the books for such things as oral sex.. and a bunch of antiquated obscure state statutes.. try to get one prosecuted in Florida.. it will never happen!

Unregistered · 10-30-2014, 10:09 AM

Originally Posted by Unregistered

If a security officer has made a citizens arrest on an individual for a breach of peace misdemeanor. Which we all know is lawful through case law and common law. How would you process the arrest after finding there is probable cause. Do you transport the suspect to jail after getting a victim witness form signed, issue an NTA, or just refer charges to the SAO?

Why are you bothering to even post this nonsense on here? If you are indeed a Security Officer just do your job, which is to deter crime by standing watch and reporting valid suspicious activity. The best Security Guards are the ones who don't cry wolf and just use a little common darn sense. Most people with basic common sense will know when a situation or a particular person is not acting normal and thus suspicious enough to report to law enforcement.

Having also spent over 20 years as a law enforcement officer, most at HCSO, I appreciate and respect the job that Security Guards do. I personally believe that we can never have too many eyes & ears or common sense folk in uniform providing security in our communities. However, just like in law enforcement, if you abuse or overstep your power & responsibility, it erodes public confidence and generates the typical false belief that "all cops or uniformed authority figures are corrupt and/or out of control. Those of us that have devoted our lives to the law enforcement profession know this is absolutely false, but get tired of stigma unfairly placed upon us.

Long story short, "think before you act" and use basic common sense in every action you take. It just makes things easier on all of us.

Unregistered · 10-30-2014, 02:38 PM

I wish I could depend on Leos to assist me and not have to physically walk people off properties instead of waiting 45 minutes for a Leo to come out and say yeah you told him to leave, what else is he doing? Oh nothing? No trespass warning. Where in florida statutes does it say that a Leo decides when someone is trespassng? Statutes say an owner lessee or his agent issues a trespass, it doesnt say If they have a "good reason" or the Leo agrees.

Unregistered · 10-30-2014, 04:41 PM

Then print up some "trespass cards" and issue them to the people you are trespassing. Complaining about our response time does nothing, trust me. We all know we are running a skeleton crew and we can't keep up with calls for service. That isn't our fault, it rests solely on Sheriff Gee. I can't get quick back up when I need it, so I know you can't get a quick response to your community.

**Average Joe** · 10-31-2014, 04:13 AM

Originally Posted by Unregistered

I wish I could depend on Leos to assist me and not have to physically walk people off properties instead of waiting 45 minutes for a Leo to come out and say yeah you told him to leave, what else is he doing? Oh nothing? No trespass warning. Where in florida statutes does it say that a Leo decides when someone is trespassng? Statutes say an owner lessee or his agent issues a trespass, it doesnt say If they have a "good reason" or the Leo agrees.

In all seriousness, if you do not like the response time do the deputies a favor and complain to Sheriff Gee and the County Commission. Maybe then something will get done with the dangerous low level of coverage.

Unregistered · 11-02-2014, 07:04 AM

Originally Posted by Unregistered

Then print up some "trespass cards" and issue them to the people you are trespassing. Complaining about our response time does nothing, trust me. We all know we are running a skeleton crew and we can't keep up with calls for service. That isn't our fault, it rests solely on Sheriff Gee. I can't get quick back up when I need it, so I know you can't get a quick response to your community.

Will you guys accept trespass warnings that arent issued by a deputy to arrest for trespass after warning?