Question for Darrell (or others that may know) on Michigan Security Law

[Nighthawk]

Hi,

Does the felony assault law apply to loss prevention agents in Michigan?? I handle theft investigations and am permitted to make detentions based on the Merchant's Statutes in our west Michigan area. Thankfully my company provides the training we need to do our job safely. We do however come across combative subjects during apprehensions. Hope we are included with security guards/officers as we share many of the same risks. Thanks

[darrell]

I believe you are covered. I will call the prosecutors office in the morning and get back to you. PM me this so I know not to forget.

[T202]

Here is the link to the law. I don't think its going to fly.

http://www.legislature.mi.gov/(qc0qmb45yham1j55vixlkg45)/mileg.aspx?page=getobject&objectname=mcl-750-81d&queryid=14329587&highlight=assault

[N. A. Corbier]

Here is the link to the law. I don't think its going to fly.


http://www.legislature.mi.gov/(qc0qm...hlight=assault

Someone want to tell me where a private security person is in that statute? I don't see protection for anyone who is not a government employee authorized to make arrests, save for emergency service workers and firefighters. Conservation Agents, Constables...

They're all local/county/state/federal law enforcement officers.

[darrell]

That is the statute number that I have had people charged under and successfully prosecuted under more the once for assulting me or my guards at the mall or at my current job.

[N. A. Corbier]

That is the statute number that I have had people charged under and successfully prosecuted under more the once for assulting me or my guards at the mall or at my current job.

That amazes me. Do private security guards/officers (Whatever the states calls them) have police powers or governmental authority in Michigan? The question is raised because the statute, on its face value, covers only public employees, with the exception of medical service workers.

(b) “Person” means any of the following:

(i) A police officer of this state or of a political subdivision of this state including, but not limited to, a motor carrier officer or capitol security officer of the department of state police.

(ii) A police officer of a junior college, college, or university who is authorized by the governing board of that junior college, college, or university to enforce state law and the rules and ordinances of that junior college, college, or university.

(iii) A conservation officer of the department of natural resources or the department of environmental quality.

(iv) A conservation officer of the United States department of the interior.

(v) A sheriff or deputy sheriff.

(vi) A constable.

(vii) A peace officer of a duly authorized police agency of the United States, including, but not limited to, an agent of the secret service or department of justice.

(viii) A firefighter.

(ix) Any emergency medical service personnel described in section 20950 of the public health code, 1978 PA 368, MCL 333.20950.

Where in the this law is "a private security officer" an element? This may have lasting ramifications, as it may set precident in Michigan case law that a private security officer is a "peace officer of any duly authorized police agency" or even so far as "a police officer." This may entitle them to more protections and police authority.

[jeff194307]

Way back in the late eigties, when I worked for Vanguard Security at a shopping mall in Sacramento, the county sheriff, used some sort of law to make the mall security limited duty peace officers so that we could write tickets for handicap parking violations and appear in court if a person contested the ticket.Because of this there were a couple of times that phisically abusive people who attacked our officers were prosecuted for assault on a peace officer. I do not remember what law the sheriff used, but it worked.

[darrell]

Way back in the late eigties, when I worked for Vanguard Security at a shopping mall in Sacramento, the county sheriff, used some sort of law to make the mall security limited duty peace officers so that we could write tickets for handicap parking violations and appear in court if a person contested the ticket.Because of this there were a couple of times that phisically abusive people who attacked our officers were prosecuted for assault on a peace officer. I do not remember what law the sheriff used, but it worked.

Thats the same powers we had at the mall I was a Sgt at. We wrote county handicapped citations, fire land cites and other things as well as township ordiances.

[EH126]

As far as I know, private S/Os have no peace officer, emergency worker status here in Michigan. If you are assaulted in any way, then the state charges the assault as if it were against any other private citizen.

[JWV]

In Michigan a security officer a security officer is no different than a citizen . In both being assalted or self defense/fatal force.

[N. A. Corbier]

So, the concensus is, unless you're deputized as a peace officer, or an ACT 330 Security Police Officer, you cannot be protected under that statute?