VaGunTrader
Regular Member
Donation sent!!
-
We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
-
If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
-
Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.
Security Officer brutally attacked in RVA - Fund established
- Thread starter Grapeshot
- Start date
Richmond police release more information on security guard beating.
It was not only caught on a security camera, but their is a potential witness out there.
http://www.nbc12.com/story/24150197...se-more-information-on-security-guard-beating
It was not only caught on a security camera, but their is a potential witness out there.
http://www.nbc12.com/story/24150197...se-more-information-on-security-guard-beating
starbuck
Regular Member
Armed Security have "Arrest without warrant" powers for violations of the law that occur in their presence, while on duty, on the property they contracted to protect. The shoplifting "Clause" is an exception where they can arrest without warrant for a violation that did not occur in their presence. See § 9.1-146 VA Code.
Personally, I think that the power should be more heavily curtailed, being that the entire training process for Armed Security is approximately 50 hours.
Now that you have a tiger by the tail, watcha gonna do with it? Skid is a recognized, accepted expert on DCJS training standards.
Full disclosure:
§ 9.1-146. Limitation on powers of registered armed security officers.
Compliance with the provisions of this article shall not itself authorize any person to carry a concealed weapon or exercise any powers of a conservator of the peace. 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.
TO my read, shoplifting is the only reason they can so arrest.
starbuck
Regular Member
You highlighted the incorrect part of the code. 9.1-146 addresses two different elements of Security Officer Arrest Authority. The first is the limited power of arrest. That is addressed in the first part (section i). It stipulates that their power of arrest is limited to arrests occurring in their presence. The section that follows (section ii) presents an exception to the "in their presence" rule, in that they can arrest for an offense that did not occur in their presence IF it is related to shoplifting, and happened in the presence of the merchant, agent, or employee of the merchant that the private officer is protecting. Note that shoplifting is not mentioned in the code until section ii.
I'm not going to question "skid" on his qualifications, as I know nothing about him. I'll simply state my own: I am a full-time sworn LEO, and a DCJS instructor for Private Security Services. I'm an adjunct instructor at a training school, and teach arrest authority, in addition to a few other subjects.
On the "anecdotal" side, I've worked private security in the past and have personally effected arrests in that capacity.
9.1-146 VA Code
§ 9.1-146. Limitation on powers of registered armed security officers.
Compliance with the provisions of this article shall not itself authorize any person to carry a concealed weapon or exercise any powers of a conservator of the peace. 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.
Last edited:
starbuck
Regular Member
I just walked down to the Magistrate's Office, and received this information from the Magistrate Manual, which addresses who is authorized to make arrests. The text is transcribed from a picture of the page that I took with my phone, so any typographical errors are mine.
Private Security Officers
Virginia Code §9.1-146 states that a registered armed security officer of a private
security services business has the power to arrest for an offense occurring:
1. On the premises where the security officer is employed to protect when the
accused commits the offense in the security officer’s presence; or
2. In the presence of a merchant, agent, or employee of the merchant whom 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.
Notice that their power of arrest is separated into two clauses. Their authority to arrest is for "An offense" not "Shoplifting". Clause 1 says they may arrest if the offense occurs in their presence. Clause 2 says they may arrest for the offense of shoplifting, despite it not being in their presence if it occurs in the presence of the merchant, agent, or employee.
The manual also states:
This language allows a registered armed security officer to issue a summons to the accused at the time the guard detains the accused. The guard may issue the summons either for a violation of a local ordinance or a Code of Virginia section.
The Virginia Magistrate Manual is issued to the Magistrate's Office by the Supreme Court of the Commonwealth.
Source: Virginia Magistrate Manual Page 2-14.
Private Security Officers
Virginia Code §9.1-146 states that a registered armed security officer of a private
security services business has the power to arrest for an offense occurring:
1. On the premises where the security officer is employed to protect when the
accused commits the offense in the security officer’s presence; or
2. In the presence of a merchant, agent, or employee of the merchant whom 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.
Notice that their power of arrest is separated into two clauses. Their authority to arrest is for "An offense" not "Shoplifting". Clause 1 says they may arrest if the offense occurs in their presence. Clause 2 says they may arrest for the offense of shoplifting, despite it not being in their presence if it occurs in the presence of the merchant, agent, or employee.
The manual also states:
This language allows a registered armed security officer to issue a summons to the accused at the time the guard detains the accused. The guard may issue the summons either for a violation of a local ordinance or a Code of Virginia section.
The Virginia Magistrate Manual is issued to the Magistrate's Office by the Supreme Court of the Commonwealth.
Source: Virginia Magistrate Manual Page 2-14.
Last edited:
Last edited:
starbuck
Regular Member
Got her all snugged up Partner!
Citizen
Founder's Club Member
I guess some folks get so wrapped up in their own little world, they can't imagine how they came to have arrest powers in the first place. As in citizens had it first--the government can't possibly have a power if it wasn't a power the citizens' had first. Otherwise, the citizens couldn't have delegated it to the government.
One clarification for myself, Nap. I thought citizen arrest only applied to felonies committed in the citizen's presence. That is to say, only felonies. And, only when committed in citizen's presence because if it wasn't in the citizen's presence, the arrest would run afoul of the right to indictment by a grand jury. Do I have this wrong?
That's in the code but in common law they extend to misdemeanors also. It gets a little confusing because the courts have upheld that right when the misdemeanor includes a breach of the peace ...... but have also upheld things like DUI arrests. That happened in NOVA. Two off duty Airport cops made a DUI arrest way out of their venue, while sitting at a stop light...then they found Cocaine.
Don't ask for a Cite please. I've posted them a dozen times here.
Here's part of it:
Arrest without warrant: by private persons.
Language in the cases is suggestive of the common law rule that a
private person may arrest for crimes, be they felonies or misdemeanors,
committed in his presence, but never is there an unequivocal statement that this is the law. It may, however, be assumed so, since the
law of arrest in Virginia follows, for the most part, the common law. 96
As to felonies, the following comes closest to an explicit statement
of the common law rule:
"... to prevent the consummation of this felony any officer had
the right to arrest him with or without a warrant, and any private citizen had that right whether to aid an officer or not."' 97
'-See, e.g., Va. Code Ann. §§ 18.1-247, 19.1-20 (i5o). The former allows judges
and justices of the peace to order arrest of persons engaged in riots, routs and unlawful assemblies. The latter provides that certain conservators of the peace shall
arrest for breaches of the peace committed in their presence.
uOGalliher v. Commonwealth, 161 Va. at 1021, 170 S.E. at 736.
"Byrd v. Commonwealth, 158 Va. at 9O2, 164 S.E. at 402.
1 See supra notes 2, 187, 188.
O.'fuscoe v. Commonwealth, 86 Va. at 447, 1o S.E. at 535; Va. Code Ann. §
1-10 vt956)a '"Byrd v. Commonwealth, 158 Va. at 9o3, 164 S.E. at 402. (Emphasis added.)
In another case,198 it is said a private person may arrest, if a felony
has been committed and there are reasonable grounds of suspicion,
presumably meaning suspicion that the one sought to be arrested is
the felon.
As to misdemeanors, it is said:
"But, in general, in cases of misdemeanor, a constable or
other peace officer cannot, any more than a private person,
justify the arrest of the offender without warrant when the
offense was not committed in his presence."' 99
As to breaches of the peace, a treatise asserts200 that a private
citizen may arrest without warrant for a breach of the peace committed in his presence; but the case cited in support is a federal case, from
Virginia, and there seems to be no state decision on the point.
Of course a private person may arrest under authority of a warrant when he has been deputized for that purpose.201
Language in the cases is suggestive of the common law rule that a
private person may arrest for crimes, be they felonies or misdemeanors,
committed in his presence, but never is there an unequivocal statement that this is the law. It may, however, be assumed so, since the
law of arrest in Virginia follows, for the most part, the common law. 96
As to felonies, the following comes closest to an explicit statement
of the common law rule:
"... to prevent the consummation of this felony any officer had
the right to arrest him with or without a warrant, and any private citizen had that right whether to aid an officer or not."' 97
'-See, e.g., Va. Code Ann. §§ 18.1-247, 19.1-20 (i5o). The former allows judges
and justices of the peace to order arrest of persons engaged in riots, routs and unlawful assemblies. The latter provides that certain conservators of the peace shall
arrest for breaches of the peace committed in their presence.
uOGalliher v. Commonwealth, 161 Va. at 1021, 170 S.E. at 736.
"Byrd v. Commonwealth, 158 Va. at 9O2, 164 S.E. at 402.
1 See supra notes 2, 187, 188.
O.'fuscoe v. Commonwealth, 86 Va. at 447, 1o S.E. at 535; Va. Code Ann. §
1-10 vt956)a '"Byrd v. Commonwealth, 158 Va. at 9o3, 164 S.E. at 402. (Emphasis added.)
In another case,198 it is said a private person may arrest, if a felony
has been committed and there are reasonable grounds of suspicion,
presumably meaning suspicion that the one sought to be arrested is
the felon.
As to misdemeanors, it is said:
"But, in general, in cases of misdemeanor, a constable or
other peace officer cannot, any more than a private person,
justify the arrest of the offender without warrant when the
offense was not committed in his presence."' 99
As to breaches of the peace, a treatise asserts200 that a private
citizen may arrest without warrant for a breach of the peace committed in his presence; but the case cited in support is a federal case, from
Virginia, and there seems to be no state decision on the point.
Of course a private person may arrest under authority of a warrant when he has been deputized for that purpose.201
Last edited: