battery on security officer law not being enforced in FL

[bigdog]

as of July 1st 2006 battery on a licensed security officer wearing a uniform that bears a patch or emblem that identifies the employing agency and identifies the wearer as a licenesd security officer is a 3rd degree felony.

there have been a few instances where this law clearly came into play but wasnt enforced.

The one involved a security officer who was pushed multiple times and was injured when he wouldnt allow a man to enter an apartment building the officer was assigned to. the subject was trespassed previously by the police and attempted to enter the building, when the security officer stopped him. he was pushed with a good amount of force multiple times until he fell and hurt his leg. the police were summoned and did not arrest the individual for felony battery just trespass.
the officer was wearing a uniform that met the stautory requirement and was in performance of his duties.

Another example involved myself . I was on duty at one of our low income apartment complexes on a foot patrol of the property In full uniform including a duty rig with cuffs, a baton and spray. when i encountered a male striking a female who was beside her vehicle.
I identified myself as a security officer and told him to stop stiking her and step back, the subject refused so i drew my pepper spray and sprayed him the spray had some effect so i attempted to handcuff and detain the individual and he began violently resisting so i use my baton to protect myself. the suspect flees into his apt. the police are called and respond. I give them my statement and direct them to the suspects apartment. the police interview the suspect and tell me they are not arresting him because the woman doesnt want to proseucte for battery and in my case if i hant tried to detain him (which is legal for a crime that is a danger to others) then i wouldnt have been pushed and struck.
the police officer alsowrote the report so the Sao pursue charges against the man in the future.

Why werent these men arrested for a felony, which they clearly commited?
Is the animousity between security and law enforcement that much that the police will ignore crimes against us?
_________________

[Mr. Security]

as of July 1st 2006 battery on a licensed security officer wearing a uniform that bears a patch or emblem that identifies the employing agency and identifies the wearer as a licenesd security officer is a 3rd degree felony.
there have been a few instances where this law clearly came into play but wasnt enforced.

The one involved a security officer who was pushed multiple times and was injured when he wouldnt allow a man to enter an apartment building the officer was assigned to. the subject was trespassed previously by the police and attempted to enter the building, when the security officer stopped him. he was pushed with a good amount of force multiple times until he fell and hurt his leg. the police were summoned and did not arrest the individual for felony battery just trespass.
the officer was wearing a uniform that met the stautory requirement and was in performance of his duties.

Another example involved myself . I was on duty at one of our low income apartment complexes on a foot patrol of the property In full uniform including a duty rig with cuffs, a baton and spray. when i encountered a male striking a female who was beside her vehicle.
I identified myself as a security officer and told him to stop stiking her and step back, the subject refused so i drew my pepper spray and sprayed him the spray had some effect so i attempted to handcuff and detain the individual and he began violently resisting so i use my baton to protect myself. the suspect flees into his apt. the police are called and respond. I give them my statement and direct them to the suspects apartment. the police interview the suspect and tell me they are not arresting him because the woman doesnt want to proseucte for battery and in my case if i hant tried to detain him (which is legal for a crime that is a danger to others) then i wouldnt have been pushed and struck.
the police officer alsowrote the report so the Sao pursue charges against the man in the future.

Why werent these men arrested for a felony, which they clearly commited?
Is the animousity between security and law enforcement that much that the police will ignore crimes against us?
_________________

All states should follow through with such a law. As far as not arresting the suspect, in Connecticut an arrest is mandatory in a physical domestic. If both parties deny that the altercation was physical, the police can still arrest based on physical evidence (bruises, cuts, scratches, etc.). The reason why discretion was removed at the LEO level is because too many people where being murdered after the police decided that an arrest wasn't necessary. Now the police make the arrest(s) and let the courts figure it out.

[mh892]

as of July 1st 2006 battery on a licensed security officer wearing a uniform that bears a patch or emblem that identifies the employing agency and identifies the wearer as a licenesd security officer is a 3rd degree felony.

there have been a few instances where this law clearly came into play but wasnt enforced.

The one involved a security officer who was pushed multiple times and was injured when he wouldnt allow a man to enter an apartment building the officer was assigned to. the subject was trespassed previously by the police and attempted to enter the building, when the security officer stopped him. he was pushed with a good amount of force multiple times until he fell and hurt his leg. the police were summoned and did not arrest the individual for felony battery just trespass.
the officer was wearing a uniform that met the stautory requirement and was in performance of his duties.

Another example involved myself . I was on duty at one of our low income apartment complexes on a foot patrol of the property In full uniform including a duty rig with cuffs, a baton and spray. when i encountered a male striking a female who was beside her vehicle.
I identified myself as a security officer and told him to stop stiking her and step back, the subject refused so i drew my pepper spray and sprayed him the spray had some effect so i attempted to handcuff and detain the individual and he began violently resisting so i use my baton to protect myself. the suspect flees into his apt. the police are called and respond. I give them my statement and direct them to the suspects apartment. the police interview the suspect and tell me they are not arresting him because the woman doesnt want to proseucte for battery and in my case if i hant tried to detain him (which is legal for a crime that is a danger to others) then i wouldnt have been pushed and struck.
the police officer alsowrote the report so the Sao pursue charges against the man in the future.

Why werent these men arrested for a felony, which they clearly commited?
Is the animousity between security and law enforcement that much that the police will ignore crimes against us?
_________________

You may file a complaint. Formulate a letter of facts and ask for assistance in correcting the matter. Mail the letter to; Florida Departmant of Agriculture and Consumer Services. P.O. Box 6687, Tallahassee, FLorida 32314. Attention: Charles H. Bronson, Commissioner.

Be polite and give only the facts. Introduce yourself and a brief description of your position. Start by siteing the new law then give location, time, names of the attacker, victim and officers and the department they work for should be included.

No formal complaint, no attention=no action.

[Mr. Security]

You may file a complaint. Formulate a letter of facts and ask for assistance in correcting the matter. Mail the letter to; Florida Departmant of Agriculture and Consumer Services. P.O. Box 6687, Tallahassee, FLorida 32314. Attention: Charles H. Bronson, Commissioner.

Be polite and give only the facts. Introduce yourself and a brief description of your position. Start by siteing the new law then give location, time, names of the attacker, victim and officers and the department they work for should be included.

No formal complaint, no attention=no action.

Yes, that is his right. However, using it judiciously is warranted. The officer that you filed the complaint against may hold a grudge and so may his buddies. That could make your job more difficult and also create problems for you personally. Anyone that thinks that this can't happen needs to think again. I'm not saying don't file a complaint. Just save it for when an officer really crosses the line. He may have insulted you with his reply and inaction, but I've heard of much worse incidents.

PS – I made that mistake once and the officer still hasn’t forgotten it.

[mh892]

Yes, that is his right. However, using it judiciously is warranted. The officer that you filed the complaint against may hold a grudge and so may his buddies. That could make your job more difficult and also create problems for you personally. Anyone that thinks that this can't happen needs to think again. I'm not saying don't file a complaint. Just save it for when an officer really crosses the line. He may have insulted you with his reply and inaction, but I've heard of much worse incidents.

PS – I made that mistake once and the officer still hasn’t forgotten it.

There should be no fear in doing what is right. BigDog is expected to do his job according to the rules and appearently he did just that. The officers are also expected to perform thier duties according to the rules. If there is personal retaliation for reporting improper actions or failure to perform, there are harrassment and other avenues to follow.

[Mr. Security]

There should be no fear in doing what is right. BigDog is expected to do his job according to the rules and appearently he did just that. The officers are also expected to perform thier duties according to the rules. If there is personal retaliation for reporting improper actions or failure to perform, there are harrassment and other avenues to follow.

That's great in theory and I agree with you. Unfortunately it's not as simple as that in reality.

[N. A. Corbier]

I know the police officer in question, and Bigdog's agency can protect him from that officer, as the officer has a long standing issue of animocity towards bigdog's company.

However, DOACS has no authority over a law enforcement agency, only licensed security personnel. The most DOACS could do is ask "why isn't this being enforced," with no actual expectation of a response.

Complaints should be made to the individual police agency as well as a sworn affidavit made to the State Attorney's Office. A citizen witnessing a felony may swear out an affidavit and seek a warrant if probable cause exists.

[Mr. Security]

I know the police officer in question, and Bigdog's agency can protect him from that officer, as the officer has a long standing issue of animocity towards bigdog's company.

However, DOACS has no authority over a law enforcement agency, only licensed security personnel. The most DOACS could do is ask "why isn't this being enforced," with no actual expectation of a response.

Complaints should be made to the individual police agency as well as a sworn affidavit made to the State Attorney's Office. A citizen witnessing a felony may swear out an affidavit and seek a warrant if probable cause exists.

Then why hasn't the problem been resolved? His department must be aware of it if it's that well known.

[mh892]

I know the police officer in question, and Bigdog's agency can protect him from that officer, as the officer has a long standing issue of animocity towards bigdog's company.

However, DOACS has no authority over a law enforcement agency, only licensed security personnel. The most DOACS could do is ask "why isn't this being enforced," with no actual expectation of a response.

Complaints should be made to the individual police agency as well as a sworn affidavit made to the State Attorney's Office. A citizen witnessing a felony may swear out an affidavit and seek a warrant if probable cause exists.

Thats true. I question what priority the State Attorney's Office would place on the complaints. But with enough complaints in hand the commissioner will be equiped to get needed attention. This commissioner has quite a bit of horse power in Tallahassee. There are several law makers in Tallahassee who displayed personal interest in the new law and I would think they would want some answers as to why the law is not being acted on.

[N. A. Corbier]

Then why hasn't the problem been resolved? His department must be aware of it if it's that well known.

Because its not percieved to be an ethics violation to be total a-hole to a security guard.

[Mr. Security]

Because its not percieved to be an ethics violation to be total a-hole to a security guard.

That depends on the police department.

[GCMC Security]

Hmm Maybe a letter to the editor of the Tribune or Times? Granted it may not do anything but might catch the eye of someone that can raise a hornets nest. Don't name anyone but just explain how it's not being enforced and is endangering officers.

My .02

[Knight Watch]

been there

Bigdog,

Sorry to hear you have a law like that and it was not enforced. It is very frustrating to be treated like that! I know I have been there too.

The next time you could call the patrol Sgt. and voice your compliant (have dates, times and LEO's names handy for the Sgt.) and if you dont see an improvement go up the "food chain" so to speak.

You could go to your command (same info in hand) and tell them and maybe they will make a formal complaint or at least have an action plan.

someone also said a letter to in the local paper

What ever action is taken could cause a totally denied, but non the less real, form of NON-action taken buy LEO's responding to calls.

Good luck.

[bigdog]

thanks for all the replies . the letter to the newspaper sounds good i might do that and ill look into going to the SA.

[GCMC Security]

thanks for all the replies . the letter to the newspaper sounds good i might do that and ill look into going to the SA.

after putting some more thought into this, I'd like to make the same suggestion to any officer in the state to do so. I personally am thinking of getting the address for the various papers here in the western panhandle and will send one myself (although pretty much ALL security officers employed by TWC are not covered by the law due to the uniform requirements)