i live in a rather large condo subdivision. a couple of weeks ago, a letter was sent out to all residents that there would be security patrols in our neighborhood to prevent crime, noise issues, etc. our place is pretty nice. not gated, but nice anyway, i have since been seeing these gray dodge charges with lights on them marked with the words "Critical Intervention Services." i looked them up and they appear to be a huge private security firm that does many scales of business, even anti terrorism consulting. their cars have laptops like police cars and they have the ability to enter in your plate number and all that stuff. anyway, as a good citizen that is suspect of all authority and want protection of my rights, what can these guys do to me? finding out info on this is harder than i thought in terms of something clear about what they are and are not allowed to do obviously, they are not law enforcement officers. but what if, for example, they ever try to pull me over within my complex, do i have to obey them and pull over? i really hate seeing these guys. if they were cops, i would be fine, but in looking them up online, i have read some bad stories about them for trying to detain people and attempting to pull people over on public roads. i hope i dont have to deal with them, because the thought of them pisses me off what are my rights?
Well, that is a huge answer Maynard, they do not have "Authority" as a police officer would for things like pulling you over or what have you, however they also are not bound by the Constitution either as they do not work for the State. Typically private security can take out warrants for tresspassing, and more than likely perform a Citizen's Arrest, in some states' private security can restrain suspected shoplifters as well. Just search for your state with the keyword Citizen's Arrest, I'd bit you will be a bit surprised.
seems like they can use a citizens arrest if they witness a felony or in matters of trespassing. as to whether i have to honor their flashing lights if say, they were trying to pull me over, i cant find that out it also seems that if you resist them in what they are legally allowed to "detain" you for, you would be guilty of resisting arrest this is their handbook. http://licgweb.doacs.state.fl.us/FORMS/SOH_Handbook_00092_0209.pdf seems deliberately ambiguous imo
Is there a provision or rule about them in the HOA? If so, and you're a member, then you're probably contractually bound to obey them. If not, eff them. Either way, all the more reason to be against HOA's.
Which as private security types, Trespassing is really what they look out for, and flashing lights? Depends as typically they are reserved for LEO's, however with state statute books as thick as the NYC phone book your guess is as good as mine. Try looking up the FL GS for "flashing lights vehicle" or "blue light usage" I'd tend to doubt they can pull people over, however sometimes LEO's work those gigs for part time cash and they are LEO's 24/7 no matter who they are working for in fact.
oh im sure there is something in there that is worded in an open-ended way. they just started this recently, so while there likely isnt anything specific, im sure the bases are covered. i actually lease. leases are by and large bullcrap in florida, imo. they heavily favor the landlord what i have found out is that in other communities, these guys issue "traffic citations" that the HOA issues in the form of a bill that you pay to them. my wife said that they came up to here in her friends while at the pool to check if they were residents. i suppose it is possible that there are tons of non-residents just dying to come to our place to use our pools...this is apparently the extent of crime in our development im just a bit afraid of seeing these guys and not being able to bite my tongue. i told her that if they attempt to pull her over to go straight home, open the garage door and pull in. if they want to call a police officer, they can.
in florida they have to have half amber and half green lights. everything else is reserved for LEO or emergency vehicles. i have also read that cops do this as a side gig. while they can arrest someone regardless of what they are wearing, i still wouldnt have to pull over for them. then again, if it was an LEO, he probably would be pretty pissed at me thats another thing: the attitude of the county sheriff's office toward them. do the cops think they are peons and dismiss them or are they willing to overlook a violation of rights for the sake of making an easy case? i think there is a legitimate argument about impersonating a police officer this is a little introduction to some of the invasive privatization of certain things that can be disturbing. i wonder how a 4th amendment issue would be ironed out with these guys because they arent gov. officials. for example, a security guard at a retail store may search you because it is private property yet still in public and there is a degree of implied consent while shopping. i would wonder if that would extent to a private community
if someone was obviously driving impaired...weaving, etc or going at a crazy speed, they would be in their rights to get you to pull over. you can either go home or leave the property in which case they can and likely will call the cops. mind you, while this is happening, they are recording video of you and running your registration plates...and this is allowed for some god awful reason however, if someone is driving along and obeying the speed limit and they want to initiate a stop because they are feeling powerful that day and want to check your residency, screw them. i have read stories of these guys taking IDs and blocking cars when they pull them over my wife thinks im crazy for getting so worked up about this. she is like: you arent dealing drugs, you live here, you arent breaking any laws, so calm down. idk what it is
VII. USE OF FORCE a. Licensed security officers are not law enforcement officers and are not granted any police powers regarding arrest or use of force. Section 493,6118(1)(i), F.S. Even if they are an off duty cop, they are not identified as a police officer.
