resisting security

[bigdog]

Ahould obsrtucting or resisting a security officer while in performance of duties be a crime? why or why not? If so how severe misdemeanor 1,2,3, or felony?

I think if it involves violance or violence is offered it should be a felony. If no violence is offered then it should be a misd 1.

[N. A. Corbier]

Keep in mind that not every state has the number system for offenses. One person's Misdemeanor 3 is another person's "summary offense," or "ordinance violation."

[N. A. Corbier]

As far as resisting security... There would have to be a convincing case for this offense to be created in Florida. Since "a security officer has no more or less authority than a private citizen," they cannot give lawful orders as the "failure to obey a lawful order" statute defines them.

The only groups of private citizens I know of who can be obstructed are the public utility companies and process servers. Look to why you can unlawfully obstruct a utility worker as to any chance of obstructing a security officer.

[HotelSecurity]

I've mentioned it other posts. In Quebec the penal code allows 'people who enforce provincial laws' to arrest for obstruction. Our transit security in Mohtreal do it all the time when someone refuses to identify themselves so that a ticket can be issued for a by-law enfraction.

[N. A. Corbier]

Right, but that creates an "enforcement officer" of sorts. In Florida, security personnel do not have the power to enforce laws. The closest thing they have is common law citizen's arrest, which is not true "law enforcement powers," merely the right any citizen has to terminate an affray or breach of the peace.

Also, for some reason, I can't find the part about obstructing a public utility worker. They either wrote it out, or its not in "Obstructing Justice." Process servers, who are appointed by the court and are their agents, can be unlawfully obstructed. No civilian can, the obstructed person must be an agent of the state.

[Charger]

Unless they changed it in the past couple years, Oregon does consider it a crime to resist arrest by security, because the "Resisting Arrest" law doesn't specify JUST Police or anything like that. If I remember correctly it reads something like "physically resisting a lawful arrest" or something to that effect, with no mention of who is making the arrest. Since Oregon doesn't really differentiate between criminal acts and 'breach of the peace' citizens are allowed to arrest for any criminal act... (Although some PDs frown on private misdo arrests... But it's not illegal)

A friend of mine who worked for a competing company once attempted to arrest a guy for burglary, only to have the guy start swinging at him. He got him under control and in cuffs, and when PD showed up they nailed him for the resisting. Kinda nice.

[Mall Director]

Same here in Colorado.. Whats even more strange about the laws here, is that if you lie about who you are, or refuse to "properly and legally identify yourself" then its a Felony- 'Felony Criminal Impersonation'. Any act in which you become physically violent here is a felony.

Here is another strange law here.. Domestic Violence (Boulder County): If law enforcement are called to a residence on a disturbance call, by law one or both parties are automatically cited for Felony Domestic Violence. A felony that shuts down your life as you know it. Say you and your GF/BF are watching a scary movie just a little too loud, and the neighbor mistakes it for you smacking her/him around.. Police are called, its automatic and out of their hands.. Its up to you later in court to prove there was no domestic violence occurring.

We have some pretty strict laws here, as well as some that seem to be a violation of privacy.. Its kind of a messed up system. You can legally posess marijuana in the City of Denver (under 1oz) and a city police officer can not cite you for it, but if a county or state tropper rolls through, they can nail you on it. Jurisdictional issues.. Thats how fun it is out here!

[LPGuy]

Here is another strange law here.. Domestic Violence (Boulder County): If law enforcement are called to a residence on a disturbance call, by law one or both parties are automatically cited for Felony Domestic Violence. A felony that shuts down your life as you know it. Say you and your GF/BF are watching a scary movie just a little too loud, and the neighbor mistakes it for you smacking her/him around.. Police are called, its automatic and out of their hands.. Its up to you later in court to prove there was no domestic violence occurring.

Probable cause must exist for an officer to make an arrest. A mere report from a neighbor concerning loud noises is not sufficient. If the officers responded and one of the parties involved had wounds, bruising, or other evidence that a domestic assault had occurred, then that would be probable cause enough to make an arrest.

That's pretty standard in most, if not all, of the states. Mandatory domestic assault arrests were implemented to prevent officers from citing and releasing offenders at the scene, who might then further assault and/or kill the victim.

You can legally posess marijuana in the City of Denver (under 1oz) and a city police officer can not cite you for it, but if a county or state tropper rolls through, they can nail you on it. Jurisdictional issues.. Thats how fun it is out here!

Yep, just because the City of Denver declared it legal doesn't change the fact that possession of marijuana is still against state and federal law. I'd love to see the looks on some of those stoners' faces when they get nailed by a deputy or trooper.

[locknid]

here in AZ any private person can make an arrest for a felony, even if not witnessed but has probable cause that the subject did it, or a misdemeanor which amounts to a breach of peace(tons of stuff if you know how to articulate to police ) any person whether an LEO or private person can use reasonable and necessary force in order to enact the arrest. So if you resist against me it will be exactly like if you resisted against a police officer and will often times get a baton, oc, or some pressure point action in order to get the subject restrained in cuffs. In AZ the statute for resisting arrest does not specify whether the arrest is being made by an LEO or a private person but I have never been able to convince the responding LEO to tag on a resisting arrest charge. Often times I can get assualt on the person, also if they resist after shoplifting the charge goes to robbery which is a felony. So there are punishments for resisting arrest against this SO.

[HotelSecurity]

Canadian law also allows us to "use the fiorce necessary" to evict a trespasser. If they ACTIVELY resist (as opposed to passively), we can arrest them for "Assault by a Trespasser".

[N. A. Corbier]

Ok, keep in mind that in Florida Law, you can obstruct an "officer" by doing things other than resisting arrest. The statute is outlined below, just add "with violence" for the felony version:

843.02 Resisting officer without violence to his or her person.--Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

This can be as simple as:
Police Officer: Ok, you're being trespassed. I want to see some ID.
Kid: F- You. (Walks away)
Police Officer walks up and grabs kid.

That's Resisting an Officer without Violence. The officer demanded ID pursuant to official process (identifying a trespasser), and the offender resisted by leaving the scene.

It doesn't have to be during an arrest, only during the execution of a legal duty.

Yes, this means that if "licensed security officers" were included, someone refusing to leave becomes a first degree misdemeanor charge. Of course, only a LEO may arrest for that offense in presence, so its moot.

Its already illegal to touch a security officer (battery in Florida is intentional touching of a person who does not consent), a third degree felony. This would up any offense where the suspect resisted to felony level.

I have seen battery charges stick as simple as a suspect poking a police officer with his finger. That's "simple battery," then gets redefined as felony battery on an officer.

[Lawson]

We have some pretty strict laws here, as well as some that seem to be a violation of privacy.. Its kind of a messed up system. You can legally posess marijuana in the City of Denver (under 1oz) and a city police officer can not cite you for it, but if a county or state tropper rolls through, they can nail you on it. Jurisdictional issues.. Thats how fun it is out here!

The Denver Police are the County officers arent they?