Legal Question in Criminal Law in District of Columbia

Detaining criminals by a security officer at a bar

I am working as a chief of security in a popular night-club located at the District of Columbia. As part of my job I confront patrons who are braking the law on a regular basis. I remove patrons from the bar for offenses ranging from carrying a fake id, harassing other patrons, and even using (or attempting to distribute) illegal drugs.

My question is what is my legal authority (and/or duty) to detain such and individual who was braking the law, until the local police department arrives.

Thanks!


Asked on 3/01/05, 2:15 am

1 Answer from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Detaining criminals by a security officer at a bar

I CAN ONLY PROVIDE SOME GENERAL ADVICE. FOR EXAMPLE, A SECURITY GUARD CAN DETAIN A SHOPLIFTER IN THE STORE UNTIL POLICE ARRIVE. HOWEVER, THERE ARE ALWAYS LAWSUITS WHERE THE DEFENDANT SUES THE STORE FOR BATTERY, FALSE IMPRISONMENT ETC. A SHOPLIFTER HERE IN FLORIDA DIED ON A STORE AISLE WHILE BEING DETAINED FOR SHOPLIFTING AND THE OFFICER WAS CHARGED WITH MANSLAUGHTER. SO, MY ADVICE IS TO PROCEED CAUTIOUSLY WHEN TOUCHING OR DETAINING A PATRON. YOU CAN ASK A PATRON TO LEAVE OR PLACE HANDS ON HIM/HER TO REMOVE HIM TO PROTECT YOURSELF OR OTHERS BUT I WOULD NOT TRY TO PHYSICALLY DETAIN SOMEONE YOU SUSPECT IS DEALING DRUGS, PROSTITUTING ETC. I WOULD JUST ASK AN UNDERAGE PERSON TO LEAVE, A DRUG DEALER TO LEAVE, REFUSE ADMITTANCE WITH SUSPECT ID. I WOULD ASK THEM AS FIRMLY BUT PROFESSIONALLY AND AS PRIVATELY AS POOSBLE AS TO NOT ESCALATE THE SITUATION. I WOULD DETAIN A VIOLENT PERSON UNTIL POLICE ARRIVE BUT I WOULD TREAT HIM AS PROFESSIONALLY AS POSSIBLE AND WITH AS LITTLE FORCE AS POSSIBLE FOR THE SITUATION. YOUR LIABILITY AND THE CLUBS LIABILITY IS VERY VULNERABLE IF ANYTHING GOES WRONG. THE BOTTOM LINE IS A SECURITY OFFICER IS NOT AFFORDED ANY MORE RIGHTS TO RESTRAIN OR USE FORCE THAN ANYONE ELSE. I HOPE THIS HELPS.

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Answered on 3/01/05, 3:37 pm


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