Harassed by security guard downtown?

[henktermaat]

Paul Blart isn't impressed by this thread one bit.. he says you all make a mockery of his profession.

 

[henktermaat]

You are not the only one. I know a couple other people that are taking a break from INGO for the same reasons.

The cat fighting and attitudes here are getting as bad as the IndyMoms board my wife posts on. They do the "let's jump on every post and tell the OP how wrong they are" too.

Usually when folks take the time to post something like the OP did here, they are in need of support. Right or wrong, people need their brothers to come around them and support them with some "I know how you feel" and perhaps some friendly correction if the OP is just way off base. Right or wrong is usually not even in question.

The problem is this forum creates the illusion of a friendly place full of "family".

In reality it's a collection of mostly strangers who don't give a **** about anyone else. There are exceptions, of course. Once you get past the majority, you may find a few who don't have to continually stroke their own egos by "being right on the internet" by continually pointing out others faults.

 

[RachelMarie]

^^^Welcome to America!

 

[printcraft]

...........Right or wrong, people need their brothers to come around them and support them with some "I know hoe you feel" and perhaps some friendly correction if the OP is just way off base. Right or wrong is usually not even in question.

..................... by continually pointing out others faults.

Spelling error or derogatory comment.. huummmm????

dang, slammed by the pointing out others faults line.......... dang......










I keed.. I keed.

 

[henktermaat]

Spelling error or derogatory comment.. huummmm????

dang, slammed by the pointing out others faults line.......... dang......










I keed.. I keed.

Man, I do SUCK at typing... You got me there

 

[henktermaat]

^^^Welcome to America!

Uh, no. That's human nature.

America isn't somehow worse at this than other countries.

 

[thompal]

So you drove through the grass and over the curb to get to the street and you are crappy with the security guard for saying something to you about it? You should consider yourself lucky you didn't get a $150 ticket.

Sec. 441-316. Driving over curb or sidewalk.
The driver or operator of any vehicle shall not drive such vehicle across any curb or across or within any sidewalk or grassplot area, except at a permanent or temporary driveway and, in the latter instance, shall use due care not to break the curbing or cause other damage to property or injury to any person.
(Code 1975, § 29-121)

Even if there wasn't any damage, it is still illegal.

Except that this all happened on private property, AND a misdemeanor must be witnessed by a LEO for him to take action. A private security guard can't write tickets, isn't a sworn officer, and can't enforce traffic laws on private property other than to tell you to quit.

 

[thompal]

As far as giving info to security.......thx but no thx. If you are approached by a security guard (not officer despite what they want to call themselves), request they contact the pd because you are not giving your info to them.

My only question is: What if you request that the PD be called and the guard REFUSES, but tries to prevent your leaving by blocking your way?

 

[printcraft]

My only question is: What if you request that the PD be called and the guard REFUSES, but tries to prevent your leaving by blocking your way?

Pick up your cell phone and call the 911. Tell them you are being held
against your will by a rogue security guard. Mention he's acting unstable.

 

[henktermaat]

Pick up your cell phone and call the 911. Tell them you are being held
against your will by a rogue security guard. Mention he's acting unstable.

Nice... That should get some response

 

[agentl074]

The scope of private security guard powers is that of citizens arrest as enumerated in IC 35-33-1-4; unless they are off duty law enforcement officers.

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.
(b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
(c) The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.7.

It doesn't sound like curb jumping is a felony or disturbing the peace lol.

 

[Roadie]

Except that this all happened on private property, AND a misdemeanor must be witnessed by a LEO for him to take action. A private security guard can't write tickets, isn't a sworn officer, and can't enforce traffic laws on private property other than to tell you to quit.

The scope of private security guard powers is that of citizens arrest as enumerated in IC 35-33-1-4; unless they are off duty law enforcement officers.

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.
(b) A person making an arrest under this section shall, as soon as practical, notify a law enforcement officer and deliver custody of the person arrested to a law enforcement officer.
(c) The law enforcement officer may process the arrested person as if the officer had arrested him. The officer who receives or processes a person arrested by another under this section is not liable for false arrest or false imprisonment.
As added by Acts 1981, P.L.298, SEC.2. Amended by Acts 1982, P.L.204, SEC.7.

So it would seem, that since the OP certainly did not commit a Felony, nor did he breach the peace in the presence of the guard, and an arrest was not necessary to prevent the continuance of the breach of peace, then the guard was out of line?

 

[1032JBT]

My only question is: What if you request that the PD be called and the guard REFUSES, but tries to prevent your leaving by blocking your way?

Then you call them, or maybe instead of requesting them to call the PD you should just do it yourself.

 

[public servant]

...IndyMoms board...

There's a MILF...err...IndyMoms board???

 

[Lawguns]

Quote:
Originally Posted by Frank_N_Stein
So you drove through the grass and over the curb to get to the street and you are crappy with the security guard for saying something to you about it? You should consider yourself lucky you didn't get a $150 ticket.

Sec. 441-316. Driving over curb or sidewalk.
The driver or operator of any vehicle shall not drive such vehicle across any curb or across or within any sidewalk or grassplot area, except at a permanent or temporary driveway and, in the latter instance, shall use due care not to break the curbing or cause other damage to property or injury to any person.
(Code 1975, § 29-121)

Even if there wasn't any damage, it is still illegal.

Except that this all happened on private property, AND a misdemeanor must be witnessed by a LEO for him to take action. A private security guard can't write tickets, isn't a sworn officer, and can't enforce traffic laws on private property other than to tell you to quit.

The code quoted is Marion County code and does not need to be witnessed by police to be enforced. The security guard can do what ever he wants if you let him.

 

[XDs4me]

Theres no way I would have stopped. And when he asked for your info you should have laughed in his face

If he is employed by the business owner and you did drive over the curb and grass, and he asked for your info you have to give it to him or insist they call the PD. If you refuse and leave without giving the info requested you can be charged with leaving the scene of an accident.

 

[agentl074]

If he is employed by the business owner and you did drive over the curb and grass, and he asked for your info you have to give it to him or insist they call the PD. If you refuse and leave without giving the info requested you can be charged with leaving the scene of an accident.

This is true. Just treat it as you would a possible collision - give the owner/shopkeeper agent your insurance information along with a contact number. No more or less than what is required by law. I would also take pictures to further your side of the story. Heck some insurance companies even have an electronic report application for cell phones that walk you through the process.

However, business agents (security, LPO's etc) are not law enforcement officers and have no authority to demand your ID, and registration, check seat belts and inquire about weapons lol - unless this is on U.S. or state controlled property. To gain entry to private property is another story... agents may ask for ID for entry. If you have any issues, as stated before... just have law enforcement come out.

 

[Nathan]

nice thread guys.

there's been a few good responses, rep sent.

in my personal experience, i wouldn't have jumped the curb. but if i was driving bigfoot, it might be a different story. the thing about the security guard...well....i agree with the LEO's that have responded on the earlier pages.


just please don't do it again. i'd hate to see something negative happen which could have been prevented