Me vs. bouncer

[Rich_S]

Most of that is off duty work and paid by the establishment / business. That is extra duty for them and plenty of police officers work those available opportunities to make an extra buck. That is why they get too friendly with the staff because if they become a "prick" with the staff or management they will not be requested to return. Money lost in their pockets.

Police are allowed to wear their uniforms when off-duty and working a second job?

 

[tom19176]

In many states (including NY ) yes

 

[Peppe]

tom19176,
I have managed several security companies in the state of Florida. I can honestly tell you that they have "no arrest powers" other than the normal civil citizen’s rights. You can detain someone if they are committing a felony in your presence while using your citizen’s rights. You do have the right to detain someone to retrieve stolen merchandize from a property if you observed it and can prove it while working for the establishment. For him to put his hand on him was a violation and can be interpreted as assault. He would had to been protecting someone's life and with the police officers there on duty that will be hard to justify. But again, it will be hearsay because no one will admit to it. For trespassers unless they are committing a felony (arson, burglary,etc.) all they can do is keep constant surveillance on the subject and call the local police department. Now that is for the State of Florida I am not sure that the rules change much for the State of NY if they are not sworn officers of the law.

I saw one of our security officers stop an old man. Put his hand on him for stealing merchandize. The old man fell to the ground and the ambulance was called. The old man settled out of court and won 2K. The old man was stealing pens and got compensated because the security officer put his hand on him and fell. It definitely looked like the man fell on purpose but who could proof it. No one.

 

[tom19176]

Peppe, not to go too far on the subject, section 35 of the NYS PL defines what justifies the use of force in NY and "any reason force" can be used by a security officer here even to eject a simple tresspasser, and a person in custodial care of real property can also use reasonable force. This includes a usher in a movie theatre grabbing some one's arm to escort them out for being disorderly. This is a fairly common thread in the law in most jurisdictions. We own residential only in Florida, but I will ask a few of our security directors there at our next annual meeting. I do note that the old man was granted a "civil" award not a criminal charge against the security officer. People sue and win for anything, so if you use a civil judgement as a method of determining what you can and can not do then you would have to lock yourself in your house as people will sue for anything. ( even inmates sue correction officers).....

 

[Tohatchi NM]

Interesting discussion - thanks for all the insight. Sounds like the bottom line is that being in the right and proving it in court are two different things.

 

[Peppe]

Peppe, not to go too far on the subject, section 35 of the NYS PL defines what justifies the use of force in NY and "any reason force" can be used by a security officer here even to eject a simple tresspasser, and a person in custodial care of real property can also use reasonable force. This includes a usher in a movie theatre grabbing some one's arm to escort them out for being disorderly. This is a fairly common thread in the law in most jurisdictions. We own residential only in Florida, but I will ask a few of our security directors there at our next annual meeting. I do note that the old man was granted a "civil" award not a criminal charge against the security officer. People sue and win for anything, so if you use a civil judgement as a method of determining what you can and can not do then you would have to lock yourself in your house as people will sue for anything. ( even inmates sue correction officers).....

true, so true...

 

[Roodog]

how did they find out about your knife in the first place?


Patted down... perhaps, but why would he be patted down in the first place? I don't think the club would pat every one down before entering...

They do around here. At Giant Stadium (NFL) they pat down everyone they goes in. They have female guards to pat down women and males for the guys. They also check every single bag. This is also typical for clubs in NYC. You can refuse to be patted down and which point they can refuse entry into the club.

 

[Roodog]

In many states (including NY ) yes

Good luck getting the NYPD to approve the second job if its security related. That law being one of the reasons they are so strict about what types of second gigs they allow their officers to work.