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...and if they do not consent to a visit to the "holding room"? Remember, detaining someone against their will is tantamount to a citizens arrest. It's a fine line between getting someone to agree to accompany you to a back room, versus coercing them when they'd rather leave your employer's premises voluntarily.
It depends on the state, but in the several states I worked as a security officer, detaining somebody against their will is arrest. And the definition is what condition of detention the perpetrator believes themselves to be in.
If a bouncer directs a person to a backroom and they refuse and said bouncer uses force to block their exit, that person has compelling reason to believe (and more importantly, can demonstrate in court) that they were "under arrest." Even when following the letter of the law, that's lawsuit territory.
I'm not going to comment on laws pertaining to private security in Nevada as I never worked there, but I know in Virginia, West Virginia, Maryland, and Alabama (all places I worked) security officers only have additional arrest authority beyond citizen's arrest if they are licensed, armed officers.
I never arrested anybody as a security officer. I told plenty of people to standby while I contacted law enforcement, but I never put them in a room, barred their exit, and turned out their pockets. "Searching" people is generally not a very smart thing for a security officer to do. Searches are only permissible pursuant to arrest, and since arrest is strongly discouraged, searches are by default also verboten in the professional security business. Even Terry frisks are strongly discouraged.
Last edited by Redmanfms; 02-22-11 at 02:20.
NV has pretty strong private property laws, meaning casino security has even more powers than Metro does on property. Trespassing pretty much covers everything here, and that's generally what is done for drug related stuff. Assaults on casino staff and fighting is what usually leads to a trip to holding, and then they're in cuffs. Prostitution is another good way to end up in holding. Like I said, unless we find the guy with a bunch of baggies divided up for individual sale, their shit is getting flushed, and they're getting read the trespass statute.
"It makes no difference what men think of war, said the judge. War endures. As well ask men what they think of stone. War was always here. Before man was, war waited for him. The ultimate trade awaiting its ultimate practitioner."
"It makes no difference what men think of war, said the judge. War endures. As well ask men what they think of stone. War was always here. Before man was, war waited for him. The ultimate trade awaiting its ultimate practitioner."
"It makes no difference what men think of war, said the judge. War endures. As well ask men what they think of stone. War was always here. Before man was, war waited for him. The ultimate trade awaiting its ultimate practitioner."
There is no consent- and therefore no fine line. The person is under arrest so they go to the holding room. Especially with crimes committed in a casino, the operator of the establishment has a lot of authority and ability to detain and arrest.
And evidence found by a citizen is every bit as admissible as evidence obtained by an officer. The officer takes the evidence and books it, and if it goes to court the officer testifies that he received the evidence from the citizen, booked per procedure, blah blah blah, then the citizen testifies that he took the evidence from the defendant, and it now is in substantially the same condition as when he/she found it, etc. If there's an issue with the veracity of the citizen's testimony, that's for the defense attorney to bring to light...
Hopefully clarifying- Rider is right on in regards to Nevada law and how it plays out with security, especially in a casino.
For all the internet tough guys that asshole outweighed him by 100lbs and you also don't know how big the guy holding the camera is. Not to mention that piece of shit had to sucker punch him when he wasn't looking, typical. I wish I was on the jury after the white guy shot him in the ****ing face or gutted him like a fish, can you say acquittal?
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