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Disturbing the peace??

user

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So with that cite of Virginia law in mind, that would seem to indicate that if an out of control LEO used foul language directed towards a citizen he has detained, then the LEO would be guilty of a Class 3 misdemeanor. Right?

Correct. Usually, though, just plain folks who get worked up in a predictable reaction when the cops poke their buttons use colorful language, which then justifies detention.

I was wrong in my earlier post, btw, PaleRider116 caught it.
 

peter nap

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Correct. Usually, though, just plain folks who get worked up in a predictable reaction when the cops poke their buttons use colorful language, which then justifies detention.
.

That is where the valuable "To any officer" letter is extremely valuable.

I have used it twice now and as a master of colorful language, it has been refreshing to just shut up and ignore them.:lol:

Talk about pushing buttons!:eek:
 

mbhudson

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Third-hand information is to be distrusted unless a citation to statute/ordinance accompanies it and independent analysis of the citation confirms the proffered information.
Very few "rentacops" are certified by DCJS as having passed the required training and are commissioned by their local Circuit Court to arrest with the same powers as a sworn LEO. The majority have a very limited statutory authority to execute a citizen's arrest in very limited and specific situations. That to explain that very few "rentacops" (Unarmed/Armed Security Officers) have any incentive to know what the law is.

Skidmark all armed security officers have the same authority of law enforcement when on the property they are hired to secure VA code 9.1-146 A registered armed security officer of a private security services business while at a location which the business is contracted to protect shall have the power to effect an arrest for an offense occurring (i) in his presence on such premises or (ii) in the presence of a merchant, agent, or employee of the merchant the private security business has contracted to protect, if the merchant, agent, or employee had probable cause to believe that the person arrested had shoplifted or committed willful concealment of goods as contemplated by § 18.2-106. For the purposes of § 19.2-74, a registered armed security officer of a private security services business shall be considered an arresting officer.

and please note the term rentacop is quite offensive to those of us that take our job seriously and do study the law myself included with that being said I do understand that there are some that just want the power without putting in the work I spend a lot of time studying law reviewing police procedure and policy and encourage other officers to do the same because we are not exempt from legal action if were wrong Anyway be careful telling people that security officers dont have authority I issue summons and effect arrests fairly often while on duty at the properties I work and take people to jail as well (same as pd) the difference is my authority is limited to a property and pd authority is limited to a city or town

As to the disturbing the peace issue I have seen people arrested for dtp for simply open carrying because someone complained you have to remember there is letter of the law and there is color of the law I think dtp requires an action or deliberate act to insight others BUT if you rub an officer pd or security the wrong way the might use dtp as a reason to hold you and you have a uphill battle from there for sure because if it gets to court the officer will talk about how you were non compliant loud and difficult and carrying a gun scarring people etc and all hes doing is building the mental image that you are a raving lunatic and he gets to talk first so the deck is stacked against you before you ever open your mouth Im in court a few times a month I see it happen a lot

notice non compliant loud difficult and carrying a gun NONE of these things on there own are a crime but the mental picture drawn by using these words makes it look like you might be committing a crime Im glad I live in a town where open carry is largely accepted and understood and the odds of having this problem are pretty slim
 

skidmark

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mbhudson -

First, let me apologize for repeating the use of "rentacop" - it was wrong to use it just becase a previous poster had used it.

Second, 9.1-146 gives the power to arrest for shoplifting/willful concealment and nothing else. There are all sort of traps and pitfalls facing the Registered Armed Security Officer effecting such an arrest, beginning with either writing out a valid, lawful summons on which to release the person, as the arrestee can only be brought before a magistrate if they refuse to accept the summons or indicate they will not appear in court based on the summons notification. Pleasse tell me how you got the Virginia General Services Administration to issue you a Virginia Uiversal Summons booklet. Then tell me how you get the General District Court to assign you "court days" so that you can enter the appropriate date on the summons. Then tell me how you transport your arrestee to the local jail without running afould of 8.01-226.9 http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+8.01-226.9

Third, having gotten past all that, please tell me how you believe a Registered Armed Security Officer can effect an arrest for anything besides shoplifting/willful concealment.
Anyway be careful telling people that security officers dont have authority I issue summons and effect arrests fairly often while on duty at the properties I work and take people to jail as well (same as pd) the difference is my authority is limited to a property
I would especially like to read how you believe a Registered Armed Security Officer could arrest for trespass, as that seems to be claimed very often. And since "disturbing the peace" is neither a crime under the Code of Virginia nor the Virginia Administrative Code, please do tell me how anybody can be arrested for disturbing the peace. (No fair saying I can get cuffed & stuffed on a false charge and later win i both criminal and civil court. An "arrest" is a lawful act. Everything else is some version of improper detention/kidnapping.)

Or are you a Special Conservator of the Peace? http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-13 Within the boundaries of theoir commision they are law enforcement officers, as opposed to Security Officers.

The order of appointment may provide that a special conservator of the peace shall have all the powers, functions, duties, responsibilities and authority of any other conservator of the peace within such geographical limitations as the court may deem appropriate within the confines of the county, city or town that makes application or within the county, city or town where the corporate applicant is located, limited, except as provided in subsection E, to the judicial circuit wherein application has been made, whenever such special conservator of the peace is engaged in the performance of his duties as such. The order may also provide that the special conservator of the peace is a "law-enforcement officer" for the purposes of Article 4 (§ 37.2-808 et seq.) of Chapter 8 of Title 37.2, or Article 16 (§ 16.1-335 et seq.) of Chapter 11 of Title 16.1. The order may also provide that the special conservator of the peace is authorized to use the seal of the Commonwealth in a badge or other credential of office as the court may deem appropriate. The order may also provide that the special conservator of the peace may use the title "police" on any badge or uniform worn in the performance of his duties as such. The order may also provide that a special conservator of the peace who has completed the minimum training standards established by the Department of Criminal Justice Services, has the authority to affect arrests, using up to the same amount of force as would be allowed to a law-enforcement officer employed by the Commonwealth or any of its political subdivisions when making a lawful arrest. [emphasis added]

Yes, "contempt of cop" seems to be a rather prevalent charge under which folks wind up believing they have been arrested - even if the cop/Registered Armed Security Officer uses some existing portion of the Code of Virginia/Virginia Administrative Code as the basis for the arrest.

This thread started with a question about whether or not a person (in Virginia) could be arrested on a charge of disturbing the peace merely because the person was OCing. We have expanded that to discuss the fact that "disturbing the peace" does not exist as a criminal offense regardless of the armed status of the person being arrested.

stay safe.
 
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peter nap

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MB, you're fairly new here so let me tell you that this has been hashed out many times before.

You cited a section of the code that only Codifies the arrest powers every citizen of Virginia has, plus allows a detention of shoplifters, etc and allows you to put your name in as the arresting officer.
That's mostly because a Police Officer won't make an arrest without personal knowledge.

There's no reason to go over that again.
.
Skidmark meant no offence. He's been on that side of the yard before. He's had experience as both a State Employee and in the private sector ...and is usually accurate in what he says to the point of being frightening.

There is a difference between a Security Guard and a Security Officer. The title is earned, not granted. Two Security Officers have been on this thread and commented. They don't beat their chest or try to convince people they're close quarter cops. They do a job most cops can't do and know it and both are perfectly happy, well adjusted, likable people, as are all Security Officers I know.

This thread is about disturbing the peace....let's try to keep on that subject please (Notice I said........ the Magic Word):uhoh:
 

skidmark

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peter nap;1891944 .... ....let's try to keep on that subject please (Notice I said........ the [I said:
Magic Word[/I]):uhoh:

Who are you and what have you done with Peter Nap?

Does he at least have lotion to put on?

stay safe.
 

peter nap

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In my quest for political correctness in these troubled times....I acquired a.........40 in the family today.
I'm a shamed and broken man with not only one, but multiple.............


:cry:GIRLEY GUNS !:cry:

images
 
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scouser

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In my quest for political correctness in these troubled times....I acquired a.........40 in the family today.
I'm a shamed and broken man with not only one, but multiple.............


:cry:GIRLEY GUNS !:cry:

Mike would be so proud of you Don ...

riverrat10k said:
".40 cal---because Peter Nap is too heavy to carry."
".40 cal---because when seconds count, Peter Nap is two hours away."
".40 cal---because Peter Nap says I can't have a big boy gun yet."
".40 cal---because Peter Nap is impossible to conceal."
 

peter nap

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and with a rotating barrel! snicker, snicker

To keep it on topic, the peace may not be disturbed by this event, but Nap holding anything less than 11mm in caliber and 4 lbs in heft is disturbing indeed!

It is unfortunately, on topic to a degree. While there isn't any chance of being tagged for Disturbing the Peace since no such law exists, I've tried to keep a lower profile since the last school shootings and the political uproar.

I found long ago that Medium sized, black, semi auto handguns in black holsters caused less :eek:, than a 6" S&W 629 or even a 1911, certainly less than my 460 Rowland 1911.

My smaller S&W 325 in 45 ACP doesn't evoke mass hysteria but the Scandium color still stands out some.

I can live with the 40 or even the 9mm's :cry: in the Burbs, in order to keep the emails to Legislators and letters to the editor at a lower volume.

This just isn't the time for real handguns or displays of Black rifles. There are too many people looking for a chink in our armor.

The Beretta also gives my wife something to drop into her purse. Her 24/7 Pro is a little heavy and the Glock is big enough that she has gotten into the bad habit of going without.
 
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