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Legal question re: security guards' uniform requirements

Las Vegan

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I know there are a couple of people here who have legal background/experience so I'm hoping for some help (not legal advice, just help finding info). I know that the PILB is the governing body that has authority over security guards in the state of Nevada and that they have specific rules that cover uniform requirements, but I'm having a heck of a time finding specific information online.

Say an armed security guard works for a security company and is posted on a client's property in Clark County where he deals with the public. The guard in question is wearing a metal badge that declares him to hold a specific job for which he is not currently employed (say the badge says something like "Fugitive Recovery Agent" or "Anti Terrorist Task Force," in other words nothing that brands him as a law enforcement officer per se but does misrepresent his current assignment, duties, and authority).

Also he does not wear any item of uniform that specifically uses the words "Security" or "Security Officer." In addition he wears a military pin on his uniform that he may or may not have actually earned while serving in the military, one that is difficult to earn and rarely awarded. Finally, what authority does a private security officer have to demand that a member of the public provide a drivers license or other form of identification?

The PILB does state that a uniformed security officer must wear a uniform approved by the PILB, but I can't find documentation online that covers 1) whether or not the words "Security" or "Security Officer" must be visible, 2) whether or not a badge that misrepresents the current assignment may be worn, 3) the legality of wearing military awards in conjunction with an approved uniform, or 4) the right of a non-law enforcement officer to demand I.D.

Yes, I will check directly with PILB if necessary but I'm hoping in the meantime that someone will know of specific NRS codes or NAC or PILB regulations. Thanks in advance for any help.
 

FallonJeeper

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I private citizen or a security guard can't demand anything in regards to identification. Regardless if they are wearing a correct uniform/badge.

Law Enforcement can only ask for a drivers license for a traffic stop or ask you to identify, if they have a reason to suspect that you've committed a crime. You've heard the arguments, seen the videos.

The only thing private citizens and security guards (if they truly represent the owner of the property) can do, is ask you to leave the property.
 

DeSchaine

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Last edited by a moderator:

MAC702

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...The only thing private citizens and security guards (if they truly represent the owner of the property) can do, is ask you to leave the property.

They can detain you for the police if you commit a crime, even if only within the power of a citizen's arrest.
 

FallonJeeper

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They can detain you for the police if you commit a crime, even if only within the power of a citizen's arrest.

That too.

NRS 171.126  Arrest by private person.  A private person may arrest another:

1.  For a public offense committed or attempted in the person’s presence.

2.  When the person arrested has committed a felony, although not in the person’s presence.

3.  When a felony has been in fact committed, and the private person has reasonable cause for believing the person arrested to have committed it.

(Added to NRS by 1967, 1402)

They'd get the usual "what crime am I suspected of committing?" and "Am I free to go?"

Good luck with the citizen's arrest. I've rarely seen it pulled off successfully. That's a law suit waiting to happen.

But, I wasn't getting, from the OP, that a crime had been committed, simply a security guard asking for ID.
 
Last edited:

Las Vegan

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Thanks for the replies. Since all of my questions were specific to the authority of security guards, I stopped by the P.I.L.B. office here in Las Vegas, which is the governing body for the security industry in this state. I spoke with a compliance enforcement officer who was very helpful, and all of my questions were answered. Thanks, all.
 

Grapeshot

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Thanks for the replies. Since all of my questions were specific to the authority of security guards, I stopped by the P.I.L.B. office here in Las Vegas, which is the governing body for the security industry in this state. I spoke with a compliance enforcement officer who was very helpful, and all of my questions were answered. Thanks, all.
Care to share?
 

MAC702

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Yeah, ditto. You posted the questions for us to muse and ponder with you. Seems only fitting to let us know what the official answers were.
 

Joe LeFors

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LV
Thanks for the replies. Since all of my questions were specific to the authority of security guards, I stopped by the P.I.L.B. office here in Las Vegas, which is the governing body for the security industry in this state. I spoke with a compliance enforcement officer who was very helpful, and all of my questions were answered. Thanks, all.
From one Nevadan to another Nevadan I'm glad you found answers to your questions. Good luck with your endeavors

JL
 

Las Vegan

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Las Vegas
Care to share?

Yeah, ditto. You posted the questions for us to muse and ponder with you. Seems only fitting to let us know what the official answers were.

Lol, sorry guys.

1) Currently the P.I.L.B. does not require the words "Security" or "Security Guard" to be visible on a jacket worn over the uniform. Each security company must submit any proposed uniform for their approval, but security companies are not required to have their employees wear any uniform at all. That one surprised me. Covering the approved uniform and thus possibly taking on the appearance of a law enforcement officer (i.e. black BDUs or tan slacks, duty belt with pistol and other accoutrements, jacket without any designation displayed) seems to fall into a bit of a gray area as long as there is no apparent blatant attempt to misrepresent oneself as an LEO through one's words, actions, or appearance (more on that next).

2) Badges either have to be specific to the company's approved uniform, or else generic and not similar to local law enforcement. In other words, no state seal, and no slogan like "To Protect and Serve." Also they cannot misrepresent the job or assignment of the officer, so no title like "Anti Terrorist Homeland Security Death Dealing War Machine," just "Security Officer" or something similar.

3) P.I.L.B. holds no stance on military pins or similar embellishments (again, surprised by that one), but they do point out that the specific security company's uniform code may address it, and also that the branch of the military purportedly being represented may have something to say about it.

However, I did find this United States Code online:

10 USC § 771 - Unauthorized wearing prohibited

771- Except as otherwise provided by law, no person except a member of the Army, Navy, Air Force, or Marine Corps, as the case may be, may wear

(1) the uniform, or a distinctive part of the uniform, of the Army, Navy, Air Force, or Marine Corps; or

(2) a uniform any part of which is similar to a distinctive part of the uniform of the Army, Navy, Air Force, or Marine Corps.

Also there's a letter here from the Undersecretary of Defense that goes into great detail on this matter. Bottom line for the situation discussed here is a big No Way José.

4) Everyone pretty much nailed this one. Security officers have no more legal authority than any non-law enforcement officer to demand I.D. or detain anyone outside of the proscribed circumstances for a citizen's arrest; furthermore using the individual's information (assuming that they actually provide such and don't just stroll away) to run any type of check on their legal status or for any other purpose is flat out unauthorized.
 

Grapeshot

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While there may be cases where wearing part of a military uniform was deemed illegal and prosecuted, I suspect this offense is largely overlooked.

Think of all of the hunters making use of same, the popularity of the style among members of particular groups - high school and college students, paint ballers, and even ex miliary + wannabes. Many still have patches and more.
 

DON`T TREAD ON ME

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I was stopped at UMC a few years ago, The security guard was uniformed (extremely close to metro's ) He told me I could not wear my Biker gang outfit in the hospital. I have never belonged to a club, but was wearing the leather vest, common to motorcyclists. We went back and forth a little, then I asked him what level of POST (Police officers Standards and Training) He had achieved. His partners look told me everything I needed to know. I then asked them to provide Peace Officer ID's Since they were detaining me under color of law. They then relented saying I was acting out so bad that they would let me slide this once. I said fine, Lets go see your supervisor. I spent the next three weeks wearing out administration at the hospital in writing.

The moral of the giant paragraph is, when dealing with security, Asking what their Post certification level is, can be an effective tool, when used in the right circumstances. Us OC'ers need tools.
 

Grapeshot

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I was stopped at UMC a few years ago, The security guard was uniformed (extremely close to metro's ) He told me I could not wear my Biker gang outfit in the hospital. I have never belonged to a club, but was wearing the leather vest, common to motorcyclists. We went back and forth a little, then I asked him what level of POST (Police officers Standards and Training) He had achieved. His partners look told me everything I needed to know. I then asked them to provide Peace Officer ID's Since they were detaining me under color of law. They then relented saying I was acting out so bad that they would let me slide this once. I said fine, Lets go see your supervisor. I spent the next three weeks wearing out administration at the hospital in writing.

The moral of the giant paragraph is, when dealing with security, Asking what their Post certification level is, can be an effective tool, when used in the right circumstances. Us OC'ers need tools.

I am reminded of the old adage: There is no tool, like an old tool. :)
 

28kfps

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Aug 1, 2012
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1,534
Location
Pointy end and slightly to the left
I was stopped at UMC a few years ago, The security guard was uniformed (extremely close to metro's ) He told me I could not wear my Biker gang outfit in the hospital. I have never belonged to a club, but was wearing the leather vest, common to motorcyclists. We went back and forth a little, then I asked him what level of POST (Police officers Standards and Training) He had achieved. His partners look told me everything I needed to know. I then asked them to provide Peace Officer ID's Since they were detaining me under color of law. They then relented saying I was acting out so bad that they would let me slide this once. I said fine, Lets go see your supervisor. I spent the next three weeks wearing out administration at the hospital in writing.

The moral of the giant paragraph is, when dealing with security, Asking what their Post certification level is, can be an effective tool, when used in the right circumstances. Us OC'ers need tools.

Very interesting thread. For 10 years I work part time plain clothes security for one of the largest venues in Nevada. First time I have ever heard of Police officers Standards and Training or Peace Officer ID's in regards to a private properties security.
All we have is a company ID card saying security. If the issue is elevated we have back up by unformed company security, I’m assuming they would be aware of the Police officers Standards and Training or Peace Officer ID's. If serious we will call our command for metro that is stationed at the event. I am always amazed how many will give up their ID to the private property uniformed security.
 
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