General Forums >> General Discussions >> to ohio officer only
to ohio officer only
18 posts back to top |
Posted almost 2 years ago I am a armed security officer in Ohio, and I am curious on the law reguard the use of restraints. The company i work for will not allow us to carry handirons (handcuffs). To my understanding this is company policy. my supervisor states that we cannot carry handcuffs because we cannot keep someone from leaving. However, under citizena arrest, we have the right to detain against felonies, crimes of violence, and theft. under these circumstance we are authorized to detain the individual (with handcuffs) until law enforcement arrive. am i correct in this understanding. thank you for you time. |
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| Posted almost 2 years ago I am not an Ohio cop however, you sound like you are attempting to side step your company policy on handcuffs. If you value your employment I would strongly suggest you go with the flow. You are very close to the fire. |
7 posts back to top |
| Posted almost 2 years ago I'm not a LEO, but going against your company policy can come back and bite ya in the end. If you end up carry cuffs and make that citizens arrest dont expect your company to back you when you get charges pressed and/or sued civilly. |
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| Posted almost 2 years ago It doesn't really matter what the law is. Your boss says no so that's the way it is. Violate a direct order and then get sued and you will be left swinging in the breeze and unemployed. |
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| Posted almost 2 years ago i am not worried about company policy, i want to know the law. in my company handbook it says that we ARE allowed to perform citizens arrest, in addition, there is nothing in our handbook that says we are not allowed to carry handcuffs. its a double edge sword. that is why i want to know the law. |
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18 posts back to top |
| Posted almost 2 years ago mmmm says ...
If it is not in the handbook, then how can it be against company policy? If they fire me because of something that is not in the handbook, then I will be the one sueing for wrongful termination. |
634 posts back to top |
| Posted almost 2 years ago I'm a Security Officer myself, and there are two reasons you go against company policy: 1: You are given an unlawful order (e.g. arrest someone when you have/there is no proof the suspect did anything) and disobey it, protecting yourself from possible criminal charges of false arrest. 2: You really want to get fired (and probably sued). Ain't no middle ground here. What the company/boss says goes. |
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| Posted almost 2 years ago Eagleye117 says ...
Are you really tempting termination and litigation simpy because you want to carry handcuffs? Alrighty then..... |
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| Posted almost 2 years ago As UncleDennis has said many times, Google is your friend...... Look it up! "The hottest places in hell are reserved for those who, in times of moral crisis, do nothing." Dante MODERATOR #2
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1950 posts back to top |
| Posted almost 2 years ago I smell bait............... |
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| Posted almost 2 years ago Eagleye117 says ...
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18 posts back to top |
| Posted almost 2 years ago ok, i am getting no where. this wasnt about my employer, i just wanted clarification on the laws of citizens arrest. according to company policy, we are authorized to perfom citizens arrest. i just wanted to better understnd the laws of citizens arrest. |
1513 posts back to top |
| Posted almost 2 years ago American citizens do not carry the authority or have the legal protections held by police officers, and are held to the principle of Strict Liability. Rules specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts, and omissions regardless of culpability. In Ohio, it is only allowable to citizen arrest someone for a felony crime, misdemeanor crimes and breaches of the peace, but security does not have Power of Arrest like officers do . This being said, I would not recommend handcuffing anyone because if you are wrong, you could have charges filed against you for unlawful detention or even kidnapping. WIKI: http://en.wikipedia.org/wiki/Citizens_arrest#cite_note-35
What doesn't kill me had better start running! |
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18 posts back to top |
| Posted almost 2 years ago MH557 says ...
I am not trying to tempt termination. I just want to know the law pertaining to security officer using handcuffs. when is it legally permitted? |
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| Posted almost 2 years ago Eagleye117 says ...
When your boss says so, that's when. I think several people said this already. With kindest regards and not holding my breath that you will finally get it..., I remain, sincerely,
~I wondered why somebody didn't do something, then I realized I was somebody. ~ unknown
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6452 posts back to top |
| Posted almost 2 years ago I am an LEO in Ohio, and here's my take: Not sure who exactly got this "Citizen's Arrest" into your head, but Ohio has no such law. In any case you may find yourself involved in, follow your protocol and become a professional witness for Law Enforcement. Armed Security does not carry handcuffs because they DO NOT HAVE THE POWERS OF ARREST. You have to be OPOTA Certified in Ohio and be employed by a Law Enforcement Agency or Authorized Government Entity in Ohio to have powers of arrest In Ohio, Shopkeepers can detain a shoplifter, and they are covered under case law. If the shoplifter puts up a fight, it is now bumped up to a robbery (according to the Ohio Revised Code). If you were to detain someone and handcuff them, you could actually be charged with "Unlawful Detention". In addition to a good possibility of going to jail, you have also violated your Company's Policy, and would most likely lose your job. If the boss says no, I think I'd go with that. When you have some down time, do a couple of things: Read you policy & procedures manual; get on the net and start searching for Ohio Case Law for Armed Security. In GOD We Trust (All others get searched, then checked through NCIC) MODERATOR #10
IN HONOR OF OUR FALLEN |
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| Posted almost 2 years ago I am also a LEO in Ohio and 36TR has given you all the information you need. There is no "Citizen's Arrest" in Ohio. |
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6452 posts back to top |
| Posted almost 2 years ago Eagleye117 says ...
Here's the bottom line (and this is Nationwide): American Citizens do not have the authorities or the Legal Protection of the Police, and are strictly liable before both the Civil Law and Criminal Law for ANY VIOLATION OF THE RIGHTS OF ANOTHER. In GOD We Trust (All others get searched, then checked through NCIC) MODERATOR #10
IN HONOR OF OUR FALLEN |
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1513 posts back to top |
| Posted almost 2 years ago Great hindsight ya got there Tim, Now I realize why I was only equiped with a radio, when a worked 3-4 months as a Campus Police/Public safety for Drew Edu as a young adult...lol'z Kinda sounds like the boss or higher ups may have put that policy in place to avoid a lawsuit. So then there's the Minors. to consider, patrons seeing a 9 year old with cuffs because he swiped a Weeble Wooble or Mini Transformer sounds like bad PR, but I think that would be good grounds to escort the parent(s) to the belt section. Wow I kinda told my age there mentioning the Weeble Wobble. Great info given by our fine LEO's here, and my summation of it all is that your boss or whom ever put your Employee Manual together knows alot about liabilty, Civil and Criminal Law-Don't think they are just being an a$$. If you enjoy throwing Cuffs on the bad guys, did you Ever think about joining Law Enforcement in the future?
What doesn't kill me had better start running! |
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1950 posts back to top |
| Posted almost 2 years ago If the company policy and the boss said, "NO" then that (sucks to be you) is the final word. Do otherwise and as others have already stated you face termination. Found to be in violation of the law, you face criminal prosecution and civil litigation for violating the civil rights of anyone you place handcuffs on and your company will not back you. Sorry......... You are not going to find any takers here that will back you and give you permission to violate policy or the law as it applies to you in your state. |
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18 posts back to top |
| Posted almost 2 years ago I know I have been hard headed about this topic. I have worked for other UNARMED security company and permitted and used handcuffs, is everyone saying that I was breaking the law? |
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| Posted almost 2 years ago Eagleye117 says ...
There's no law against carrying handcuffs. It becomes an issue when you use them to detain someone. Best advise has already been stated. Do as the boss says. Don't use the handcuffs. Google "Ohio Revised Code" and look up 2905.03A (and for clarification, since you are not a "Certified Peace Officer" - you would fall under the category: "without privelage to do so") In GOD We Trust (All others get searched, then checked through NCIC) MODERATOR #10
IN HONOR OF OUR FALLEN |
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| Posted almost 2 years ago Eagleye117 says ...
If you worked at another company and were allowed to carry and USE handcuffs then you should have stayed there if handcuffs are your thing. Where your work now says NO and that's that. It seems you are looking for permission to violate the company policy and are not getting it. If you want to know the law my esteemed brothers outlined Ohio law. They are not legal experts. If you want an EXPERT OPINION on the subject call an attorney and pay for his/her expert advice. I'm willing to bet though it won't be any different than what you encountered here. |
58 posts back to top |
| Posted almost 2 years ago To the OP: Here is the plain and short of it. Two officers from Ohio already posted their response to your question. Listen to what they have to say. As mmmm already mentioned if you want an expert legal opinion go seek it, but no LEO on this site is going to tell you what you seem to want to hear. But here is one thing you NEED to and should take away from this post: Your first and primary goal as a security guard is to observe and report. As law enforcement we are going to be a lot happier that you can be a professional witness, with a wealth of information on the incident, then us showing up and trying to deal with the fact you used force, handcuffed someone, and in the process violated law and your company's policies. That is a mess that none of us want to deal with. Remember, be a good witness first.
"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."
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1950 posts back to top |
| Posted almost 2 years ago Eagleye117 says ...
State laws not withstanding........... your former company OK's it by policy and the second says "NO." POLICY IS THE LAST WORD IF YOU PLAN ON KEEPING YOUR JOB!!!!!!!! GOOD GOD....... you're like my kids. Sometimes the answer is NO and NO means NO. I guess if you don't mind being fired in a job climate that is not friendly to people out of work to begin with........ never mind those that can not adhere to policy. Is any of this getting inside of your head? The question has been answered over and over and over and over and over again. |
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18 posts back to top |
| Posted almost 2 years ago SkoolCop says ...
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634 posts back to top |
| Posted almost 2 years ago SkoolCop says ...
bump. Now how many more times do we have to say it?? |
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1950 posts back to top |
| Posted almost 2 years ago Eagleye117 says ...
No......... Your question involved your wanting some legal justification for using said handcuffs and attempting to side step your company policy which in this case trumps any state law. You were told NO by policy and by your supervisor(s). No means NO. |
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1513 posts back to top |
| Posted almost 2 years ago Dispatcher: 911 What's your Emergency? Security Guard: Dispatcher: Do you know how to use the keys to the Cuffs? Security Guard: That's the problem, I know, I know, I know I should always have the key handy, but Sorry I lost it. Dispatcher: How long has the woman being detained and Cuffed? Security Guard: Hold on I have to ask someone something **asks in the Background** "How long has she been in labor 3 hours, 4?"
Dispatcher; Security Guard: Thanks a million Ma'am, will they be able to bring that Key? Dispatcher; Yes Indeed. they will bring the key and release the lady you mistakingly identified and practically kidnapped while she was in labor. Security Guard: Ma'am, (Snifle)........am I ................(snifle)in Trouble? Dispatcher: Well let's just say, I hope you enjoy Powdered Eggs..... What doesn't kill me had better start running! |
5884 posts back to top |
| Posted almost 2 years ago OMG
MODERATOR 3 |
<--Not Permitted.
ehhh, I sort of accidently handcuffed the wrong subject as the other real Sally Steals got away-Striking resemblence though...
oh my,Sir, I've heard enough. I'm sending units, and an ambulance over there right now.
