Security Guards arresting (or detaining) people on warrants?

[car2back]

I've heard a few times in the last month TPD being dispatched to the Bradford Apartments up north because security has a person in custody on warrants.

My understanding is that security has no more legal authority to detain or arrest a person than a private citizen does. I know if they witnesses a crime (or have probable cause from evidence) they can make a citizens' arrest of the suspect in certain circumstances. But what gives them authority to detain someone because they have a warrant?

I was hoping maybe some of the people on here that are or have been CLEET trained security guards could shed a little light on this?

 

[redhelmet13]

Waaaaay back in the day, I once was a commisioned security person in Texas (Authorized to carry firearm on the jobsite). I also am of the opinion that a security guard is just a private citizen hired to protect the clients property. There is no special provision that allows a guard to detain someone in such circumstances. (Maybe the guard is an off duty sworn LEO in which case he/she has powers to arrest).

my .02 worth...

Thank god I got out that line of work a long time ago! Been in the alarm biz ever since as a techie!

 

[OkieBoy]

I am a CLEET certified Armed Security Guard and no we can't arrest or detain anyone on a "warrant" that is a Police issue. If we happen to detain someone on say a trespass all we can do is ask if they have any warrants, but we have no legal authority to "arrest" them on it.

 

[car2back]

Thanks for the replies, that's what I figured. Sounds like a good way for what ever company contracts there to be sued if they allow it to continue.

 

[Scan-Denver]

It's possible that when this security guard called the police for detaining the suspect on other charges, the call taker or the dispatcher asked for the individual's name and dob, ran the guy before dispatching a unit to the scene, and then found out the guy was wanted.

 

[kjwilson]

Given that the Bradford is one of those less than pleasant places to live in Tulsa I wouldn't be surprised that most if not all of the security there is off duty officers. What better way to keep a lid on things.

I see off duty officers working security jobs on my side of town all the time (East side), they appear to be in high demand and personally most welcome.

As far as the legal issues go, as far as I know a sworn LEO can detain/arrest someone while off duty but is generally frowned upon unless they have a damn valid reason for doing so. Off duty security jobs excepted of course.

 

[Freqed]

It's possible that when this security guard called the police for detaining the suspect on other charges, the call taker or the dispatcher asked for the individual's name and dob, ran the guy before dispatching a unit to the scene, and then found out the guy was wanted.

Oh no, a call taker or dispatcher will not add anything or do anything to an incoming call other than dispatch it, you might hear a senior rep do something like that but it's not the norm.

 

[car2back]

It's possible that when this security guard called the police for detaining the suspect on other charges, the call taker or the dispatcher asked for the individual's name and dob, ran the guy before dispatching a unit to the scene, and then found out the guy was wanted.

These guys are calling in saying they have someone in custody on warrants. Someone that works there told me

KJWilson- I've been through there once (on a ridealong) and these guys are def not rentacops, they're plain jane security guards. You're right about that being a crap-hole, I wouldnt want to live anywhere that you have to show a state issued ID at the gate house to get in, eek.

 

[Thayne]

I got almost arrested once when a lady "Burns rent-a-cop" asked if I needed help and I kept walking to where I was looking at a job; (She never asked me to stop) she called the cops & he turned out to be a real tool.
Finally I said either take me in or hit the road, so the Sgt. came out and they both hit the road. They all wasted about an hour watching me put a new coil in a mag starter.

It never occurred to them to drop the attitude caused by a female with a brown uniform and PMS--

 

[Secret_Squirrel]

I've heard a few times in the last month TPD being dispatched to the Bradford Apartments up north because security has a person in custody on warrants.

My understanding is that security has no more legal authority to detain or arrest a person than a private citizen does. I know if they witnesses a crime (or have probable cause from evidence) they can make a citizens' arrest of the suspect in certain circumstances. But what gives them authority to detain someone because they have a warrant?

I was hoping maybe some of the people on here that are or have been CLEET trained security guards could shed a little light on this?

Sounds like a security company overstepping their almost non-existent authority once again. Oh yeah, and to keep it RadioReference legal, what frequency do the guards use at Bradford Apartments?

 

[scansalot52]

Possibly the security staff is made up of off duty, reserve or auxillary officers who have full arrest powers. A lot of the time those officers don't have patrol vehicles with them and probably would not able to leave the property even if they had a vehicle. They might not even have a radio assigned to them or that has the ability to transmit to the LE agency having jurisdiction. So even if they have the power to arrest, they may not have the ability to transport.

Perhaps the guard recognized the person and had been asked previously to notify LE if the individual showed up. Not all calls get dispatched with 100% accuracy in regards to what the caller has said.

If the guard says to the perp, "I know you have warrants, the cops are on the way, you may as well sit here instead of running 'cause they'll catch you." Was the perp detained or arrested in a legal sense or was it just a dumb criminal who sat there and waited? Again regardless of how the call was dispatched.

Just some possibilities to consider.

 

[OkieBoy]

Night Owl Security has the contract now I think and they use Total Radio Inc from what one of their Guards told me at Oklahoma Police Supply.

 

[kjwilson]

These guys are calling in saying they have someone in custody on warrants. Someone that works there told me

KJWilson- I've been through there once (on a ridealong) and these guys are def not rentacops, they're plain jane security guards. You're right about that being a crap-hole, I wouldnt want to live anywhere that you have to show a state issued ID at the gate house to get in, eek.

If I recall correctly the Bradford is run by Tulsa Housing Authority so there may be some kind of agreement with the city about this.

Car2Back - I grew up on northside (Glicrease Hills) if you think it's bad now you should have driven through there 20 years ago, talk about the wild west. The place was so bad back then, that's why they put up the fence and made everyone show ID to prove they actually live there and that they're not there to deliver guns, drugs or loot and pillage.

 

[mikebennett]

Most "Security Guards" in apartment complexs are regular commissioned peace officers who get free or reduced rent as long as they agree to respond to disturbances, etc., on property. That's probably what this was. Security guards don't have authority to arrest on warrants. The warrant wording is prefaced by "To any peace officer of the state of ............, etc., etc."

 

[car2back]

Trust me, no police officer is going to live at Bradford. TPD won't even go on a report call there with out a backer. There guys are nothing more than security guards doing something the should not be doing Oh, and KJ, Bradford is not a THA complex, it may have been at one time but hasn't been for the last 15 plus years my father has been an electrical contractor for them. Some of the THA sites are rough, or used to be-Comanche Park, Apache Manor, the old Osage aka Country Club Gardens but this place is down right terrible.

 

[OkieBoy]

Also one thing to remember is in Oklahoma if a Police Officer is working a security job and is off duty he has no "Official" police powers, he is a regular "Security Guard." Remember the Prentice Elliot incident a few years back? He was charged with "Assault on a Peace Officer" and the judge said no its "Simple Assualt" cause the said Officer, "Was off duty and had no more then a regular security guard as per CLEET guidelines..."

 

[car2back]

Also one thing to remember is in Oklahoma if a Police Officer is working a security job and is off duty he has no "Official" police powers, he is a regular "Security Guard." Remember the Prentice Elliot incident a few years back? He was charged with "Assault on a Peace Officer" and the judge said no its "Simple Assualt" cause the said Officer, "Was off duty and had no more then a regular security guard as per CLEET guidelines..."

A fulltime, cleet certified commisioned peace officer obtains his arrest powers around the clock. The reason Elliot got off is because the officer wasn't in the preformance of his police duties when he was assaulted, which is how the statute is worded. An officer can arrest anyone for a crime he witnesses or on a warrant while on duty or off duty while with in his jurisdiction, as long as his department's policy allows it.

 

[red8]

Car 2 Back, when I was a commissioned LEO , I was security in a couple of apartment complexes where Iived. And before that I was in private security. And now I am back in it, and you are correct. A private security officer can only make a citizens arrest if a felony has been comitted in his presence. And he can detain an individual until the proper authority arrives. But only on in cases of a felony that is comitted in his presence. At the company that I work for now, we had one of the field supervisors was a commissioned LEO from a town just south of Baton Rouge. However his jurisdiction stopped at his corpoarate limits.
red8

 

[NeFire242]

Yeah while its nice to have PD doing work as Security -- already have a gun, cuffs, radio if need be -- I feel I pay taxes for them to use these things for city/county purposes, not their own missions. Lot of off-duty PD will even wear their uniform when doing security.

 

[car2back]

Yeah while its nice to have PD doing work as Security -- already have a gun, cuffs, radio if need be -- I feel I pay taxes for them to use these things for city/county purposes, not their own missions. Lot of off-duty PD will even wear their uniform when doing security.

lmao, no ones tax dollars bought my cuffs and gun!! I'll be happy for you to cut me a check though

Seriously though, what difference is it of yours what is done when these things aren't being used for "city/county purposes"? Should they be around collecting dust when an officer isn't on duty?