attacked, need opinions

[N. A. Corbier]

Both BHR Lawson and LPGuy are correct, you have the authority as a citizen to arrest for breaches of the peace committed in your presence.

The DOL guide specifies this, but from what Lawson told me, nobody uses that to train, because it tells guards way too much about their authority (as a citizen) and what they "can" do, not what the company doesn't want them to do.

I once worked a weekend at a site like yours with one gun, 6 bullets, and a flashlight. My partner thought I was crazy. Since we were told that we could not touch anyone, and only call the police... The rest of the equipment was useless since the only crime you could intervene in was the use of deadly force -and we all know you respond to deadly force with the same.

That lasted a week, we were told we were allowed to use our equipment so I started carrying it again.

[Lawson]

I had been in security for 2 years with 3 different companies and had never seen that study guide until I came onto this forum. No S/O Ive talked to in WA has ever seen that either with any companies they are with.

[LPGuy]

There is a Washington State Attorney General's Opinion that specifically denotes that citizens may complete a citizens arrest for not only the felony, but the misdemeanor given that it is a breach of the peace. It also allows for investigative detentions, something a lot states do not have.

https://fortress.wa.gov/cjtc/www/for...tudy_Guide.pdf

In addition, that guide is presented by the Washington State CJTC (Criminal Justice Training Commission) specifically for training armed private security and private investigators. As the guide's disclaimer says, while it is not to be considered legal advice, it has been reviewed by an attorney and is in alignment with current Washington State case law as of February 2005.

Thanks for posting that, BHR Lawson. I've read it in the past but totally forgot about it. For more information on private security from the WA State CJTC, visit https://fortress.wa.gov/cjtc/www/pri...ity/index.html.

[Charger]

I haven't seen that form before either. However, my WA instructor DID inform us that we could arrest on the breach of peace misdos, and explained the technicalities of it to us... Of course, that MAY have something to do with the fact that my WA instructor is also the company's owner, and takes a very proactive stance on how we perform our duties..

EDIT: Actually, after looking through it more in-depthly, I realized I HAVE seen that study guide before... My armed instructor (different person) let us browse through a copy of it during our classroom session... So there ARE some instructors out there who follow it. Just FYI.

[Michael Ledgerwood]

I would be hesitant on saying security or citizens in general may effect a citizens arrest. When I was in the police academy we went through the RCW and according to the definitions given the term "arrest" means an arrest by a sworn law enforcement officer. When I worked for the PD, we had several instances where citizens wanted to "arrest" someone. We would not let them, but we would obtain a sworn statement and then make the arrest based on that statement. The fact that there is an Attorney Generals' Opinion doesn't make a difference and won't help you if you are sued. You are required to abide by the RCW or the WAC. DOL, Attorney Generals office, or WSCJTC do not have authority to change that. With all that said that is not to say that security can't detain. I have detained several suspects in handcuffs as a SO and then turned them over to LEOs. Now keep in mind that even if it is legal to effect a citizens arrest, that doesn't mean you should do so. According to the RCW, as well as several prosecutors I have dealt with, an arrest is a whole different ball park than a detention. Once you say the word "Arrest" you have opened yourself up to legal liability. Like I said to avoid liability I would use the term "detained", theres a lot less implied knowledge with detentions.

Now I have worked for two companies in the Seattle area (Risk Management and First Response). When I worked for Risk, we had a hud housing project on the Seattle Renton line that was gang infested. My advice to you is get to know the tenants. Your tenants will be your greatest potential ally or your worst enemy depending on your behavior towards them. I have saved myself from having to fight several times by using tact rather than aggresiveness. You need to be professional and fair and do your job. That doesn't mean go out and thrust your authority around. Remember you are Security not the police. Enforce what you must but do it fairly, you will earn respect. Keep in mind that assault on a security officer is a class C felony under the RCW ( it falls under Assault 3rd degree ). Next time gang members try and assault you (even if its shooting fireworks at you, which should be Assault 2nd btw) tell the PD that you will press charges. By the story you said, I am willing to bet you are working in King County and more than likely Seattle. I have had several instances with SPD where they failed to respond all together oh well thats what you get in a department that large. Now regarding carrying empty pouches, DON'T DO IT. Not only is it stupid and unprofessional but you give a false impression. For example someone might see you in uniform and tell you someone is being assaulted but you have empty pouches so now you cant defend yourself or detain anyone for your safety. Liability. Wear what you are trained for and allowed to carry by law and company / site policy. You do not need a bunch of fancy tools to be an effective SO. A radio or cell, flashlight, and maybe handcuffs should be your minimum (yes I do support armed S/Os, I am one after all). You can wear 10 guns and have a bazooka strapped to your back, won't get you any respect. Your respect will come from how you treat people. Remember word travels and if you let someone piss you off and yell at them then the word will get out that your rude and easy to piss off. A happy customer will tell 3 people about you, a pissed off customer will tell 10 people. Keep that in mind and you shouldn't have problems with attitudes. Your most usefull weapon is your brain and common sense. Use that and go home EVERY NIGHT. Remember you are a security officer therefore, despite what your company policy might say, you are NOT required to intervene in anything. If a situation is too hairy then retreat and wait for back up or LEOs. Nothing wrong with that (I have done that several times). After all you need to go home EVERY NIGHT (that bears repeating). Security is a thankless job. Several idiots have caused us to not only be a laughing stock but to have limited authority. Management never helps either. Go out there and do your best, obey the law and be safe. Get as much training as you can and befriend local LEOs in your area. You will go much further if you do that.

Mike

[Lawson]

Since when are Security Officers covered under the ASLT 3 code?

The only Security I see covered there are those employed at a Transit Center or a School District

[N. A. Corbier]

Under what authority in RCW is a citizen detaining a suspect for law enforcement? Most people's "detention" is actually a citizen's arrest. When I looked through RCW, only thing i could find was Merchant's Right, and that's only for those who are shoplifting.

[Guest]

well..

If you are commisioned to carry, I sure a heck would. My Colt .45 serves as quite the deterrent, even in the areas we work around MS-13 and other hard gangs. Also, non-com security guards can get OC spray fairly easily. In TX, it's a four-hour course to get the card and there is no limit on size in the occupational code. I carry three cans. Mk-2 for patrol with an MK-9 for backup. I keep a fire-extinguisher sized bottle in the cruiser just in case. Nothing clears a crowd of rowdy drunks like a hit from that bottle.

[Curtis Baillie]

If you are commisioned to carry, I sure a heck would. My Colt .45 serves as quite the deterrent, even in the areas we work around MS-13 and other hard gangs. Also, non-com security guards can get OC spray fairly easily. In TX, it's a four-hour course to get the card and there is no limit on size in the occupational code. I carry three cans. Mk-2 for patrol with an MK-9 for backup. I keep a fire-extinguisher sized bottle in the cruiser just in case. Nothing clears a crowd of rowdy drunks like a hit from that bottle.

I disagree - nothing clears a crowd like jacking a shell into the chamber of a Remington 870.

[Guest]

true

No joke, I don't have that option though. We aren't allowed to carry shotgun yet. We are steadily pushing for it. I would love to use that option. I can only dream for now.