private security detaining.........

[rmabrey]

What are the legalities of private security detaining an individual.

I was at a bar/club tonight and all of the security team had handcuffs tucked in their belts? Is there anything in the Indiana code making this legal, or is this a their house their rules case, or neither.

specific question, can they legally handcuff me and get away with it.

ETA: I beat the internet loading, mods please move to wherever necessary

 

[Wabatuckian]

They could be either a) off-duty police officers or b) operating under 35-33-1-4.

However, unless they're off-duty PO, I'd say cuffing a person is running a mighty big risk for them.

Josh

 

[Indy317]

There are few laws which could allow a civilian, security or otherwise, to detain another person:

One has already been pointed out in a reply:

IC 35-33-1-4 Any person
Sec. 4. (a) Any person may arrest any other person if:
(1) the other person committed a felony in his presence;
(2) a felony has been committed and he has probable cause to believe that the other person has committed that felony; or
(3) a misdemeanor involving a breach of peace is being committed in his presence and the arrest is necessary to prevent the continuance of the breach of peace.

Handcuffing to me would be a use of force issue, which might be legal depending on the totality of the circumstances:

IC 35-41-3-2 Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.
...
(c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect.
...
(e) Notwithstanding subsections (a), (b), and (c), a person is not justified in using force if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.

Then you come into the issue of detaining someone for theft:

IC 35-33-6-1 Definitions
Sec. 1. As used in this chapter:
"Adult employee" means an employee who is eighteen (18) years old or older.
"Agent" means an operator, a manager, an adult employee, or a security agent employed by a store.
"Motion picture exhibition facility" has the meaning set forth in IC 35-46-8-3.
"Security agent" means a person who has been employed by a store to prevent the loss of property due to theft.
"Store" means a place of business where property or service with respect to property is displayed, rented, sold, or offered for sale.

IC 35-33-6-2 Probable cause; detention; procedure; statements by juveniles
Sec. 2. (a) An owner or agent of a store who has probable cause to believe that a theft has occurred or is occurring on or about the store and who has probable cause to believe that a specific person has committed or is committing the theft:
(1) may:
(A) detain the person and request the person to identify himself or herself
...
(c) The detention must:
(1) be reasonable and last only for a reasonable time; and
(2) not extend beyond the arrival of a law enforcement officer or two (2) hours, whichever first occurs.

 

[Indy_Guy_77]

I've wondered this very thing as I walk the Greenwood mall...

And I see the kid on the the Segway wheel past; handcuffs on their belt.

I KNOW that the "mall cops" aren't off-duty LEO. A few of the older ones MIGHT be retired.

But, it wouldn't surprise me at all if Simon Malls didn't also employ off-duty LEO as security as well. I KNOW that the bigger stores do for their own internal security.

-J-

 

[casselmb]

Yeah, the handcuffs seem like they're pushing it. Especially for private security in a place like a bar. It seems like just removing any troublemakers from the bar would be a better solution than trying to restrain them first. I bet most bar/club owners would prefer to avoid false imprisonment tort claims if given the choice...

 

[kinorton]

What club was, and where was it. I worked in bars for years, the last thing you ever want to do when trying to get some one out of your club was to have to remove them by force. Most bars a night clubs hire of duty officers, in the indy area that. To many civil suits by people who were drunk and were injured on their way escorted out of the club.

 

[longbow]

Yes you can, but you better do it correctly.

Years back I got into a slugfest with a crack head and only got one cuff on. I ended up using a bike to knock him down and put the other half of the cuff on a fence post. By the time help arrived he had tried to pull his hand through the cuff on his wrist.

The crackhead kicked my help on the side of his knee and he never came back to work from that injury.

Still makes me mad.

 

[E5RANGER375]

What are the legalities of private security detaining an individual.

I was at a bar/club tonight and all of the security team had handcuffs tucked in their belts? Is there anything in the Indiana code making this legal, or is this a their house their rules case, or neither.

specific question, can they legally handcuff me and get away with it.

ETA: I beat the internet loading, mods please move to wherever necessary

sounds more like an intimidation tactic to me. I think they are setting their guys up to fail! handcuffing a person isnt something that an inexperienced person should be doing. There IS serious technique and training that goes into it to do it right and quick without injuring them or you. And its not just a 30 minute class and your done kinda thing either. people think that when they are gonna cuff someone that they are just gonna sit there and let them, lol. not always, and the last thing you want is a guy swinging a piece of metal around in the air and bashing your head open, especially when you gave it to them!

Private security have NO law enforcement powers no matter how many strobe lights they put on their old cop cars. they can implement a citizens arrest just like any other citizen. but they cannot detain you otherwise. now special deputies are different if you run into one of them, but they must be in uniform I believe. it looks just like a marion county sheriffs uniform i think.

 

[GARANDGUY]

E5 is right, they should not be using handcuffs without the proper training. Some private security do have arrest powers but they are considered PEACE OFFICERS and are commissoned with arrest powers by the state or local gov. I know of 1 place like that left in KY not The CENSUS BLDG guards are but ONLY while at work. Security officers can DETAIN YOU ONLY! Once they use cuffs on you that is no longer considered detainment it is ARREST. There was a case not too many years ago where a security company issued cuffs to their people and someone was "detained" using them and sued the company for wrongful arrest and won.

 

[ljadayton]

The only time I saw someone detained by "private security," he wasn't handcuffed or physically restrained in anyway. He was caught shoplifting and thought the store manager would let him out of it based on how much $$ he spent in that store. GM told security to call the cops. Didn't take long (smaller town then Indy). I don't know what security (off duty LEO IIRC) would've done IF the guy had gotten up to leave

 

[E5RANGER375]

The only time I saw someone detained by "private security," he wasn't handcuffed or physically restrained in anyway. He was caught shoplifting and thought the store manager would let him out of it based on how much $$ he spent in that store. GM told security to call the cops. Didn't take long (smaller town then Indy). I don't know what security (off duty LEO IIRC) would've done IF the guy had gotten up to leave

depends on their company policy. I think detaining a shoplifter if you physically saw them and they still had the evidence on them would be within the law for anyone. but you better be right & wait till they exit the store

 

[ljadayton]

depends on their company policy. I think detaining a shoplifter if you physically saw them and they still had the evidence on them would be within the law for anyone. but you better be right

I wasn't involved, I just saw the guy being detained, and heard the story later. The guy was a contractor, would come in and drop $8K in a single trip without any problem. Got caught pocketing an $8 item and thought the GM would let him walk ...Far as I know, there was no written company policy on a LOT of things, including this. IF there was, I never saw it in several years working there. And I worked in almost every department in that stupid store.

 

[Expat]

I saw a suit listed in our paper the other day that sounded like it was for something similar, unlawful confinement, slander, defamation, etc. It was against a retailer. The listed a demand for $1M compensatory and $5M punitives.

 

[ljadayton]

I saw a suit listed in our paper the other day that sounded like it was for something similar, unlawful confinement, slander, defamation, etc. It was against a retailer. The listed a demand for $1M compensatory and $5M punitives.

I'm not even allowed to stop someone AFTER they leave the store. Best I can do is IF I catch them IN mid-pui-in-pocket is "offer exceptional customer service"

 

[E5RANGER375]

I'm not even allowed to stop someone AFTER they leave the store. Best I can do is IF I catch them IN mid-pui-in-pocket is "offer exceptional customer service"

yeah even the law is gray on catching them putting it in their pocket because they can always say they didnt get their chance to pay for it if you detained them before the checkout lines and even the outer doors in some cases. if theres no cameras id probly just smack them in the head and make them give it back if it was my store that I owned. PROVE IT

 

[ljadayton]

yeah even the law is gray on catching them putting it in their pocket because they can always say they didnt get their chance to pay for it if you detained them before the checkout lines and even the outer doors in some cases. if theres no cameras id probly just smack them in the head and make them give it back if it was my store that I owned. PROVE IT

Not stopping them is what corporate has passed down. IF we call the cops it'd better be someone emptying out the whole store. At my previous store, a lady came to the register to check out (something small and cheap). The GM (who happens to now be my current GM) walks by and sees a very expensive product STICKING out of her purse. He actually busted her, told her to NEVER come back in the store or he'd call the police. She came back one time after that to see if he was going to call the police

 

[ljadayton]

But right, if you stop them BEFORE the register, "oh I was going to pay for it but my hands were full" so if you stop them, it has to be outside and then they can just say they forgot to pay for it

 

[inxs]

Maybe trying to impress the girls or just find the kinky ones?

 

[ljadayton]

Maybe trying to impress the girls or just find the kinky ones?

possible...after all, handcuff's are my trigger tripper

 

[public servant]

Maybe trying to impress the girls or just find the kinky ones?

Kinky girls have their own handcuffs.