Security guard lights up motorist. (Texas)

[HILO]

I have mentioned how different LEO's and agencies will have various opinions on what the State laws are, here is a great example. This security guard pulled up on a speeding motorist on the interstate, turned on his amber/clear (clear is illegal in Texas) lights, flashed his high beams and tried to get the motorist to pull over. The motorist called 911, in Arlington Texas, and APD told the press that there was no crime. Here is the penal code for impersonating.


§ 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person


commits an offense if he:


(1) impersonates a public servant with intent to


induce another to submit to his pretended official authority or to


rely on his pretended official acts; or


(2) knowingly purports to exercise any function of a


public servant or of a public office, including that of a judge and


court, and the position or office through which he purports to


exercise a function of a public servant or public office has no


lawful existence under the constitution or laws of this state or of


the United States.


( B) An offense under this section is a felony of the third


degree.


By approaching the motorist at a high rate of speed, turning on flashing lights, and flashing his high beams


the guard was indeed trying to get the motorist to yield and or pull over. sounds pretty clear cut to me.


News story with video of the attempted traffic stop.


Driver: Security guard attempted traffic stop on I-20 | wfaa.com Dallas - Fort Worth

 

[K9Vic]

Sounds like impersonation of a public servant to me.


The driver did the right thing by not stopping, getting recorded proof and calling 911. The fail is APD not saying it is a crime when it was. The positive is that WFAA ran the story and maded people aware to NEVER stop for a fake cop.

 

[CodeMan]

Sounds like impersonation of a public servant to me.

The driver did the right thing by not stopping, getting recorded proof and calling 911. The fail is APD not saying it is a crime when it was. The positive is that WFAA ran the story and maded people aware to NEVER stop for a fake cop.

Yes I agree, but to play devils advocate; the security officer was wasn't pretending to be a cop, he was a security officer doing what many (not all) security officers do or think they can do.. I think many tend to forget just because they have lights or a siren, that doesn't make them a LEO, and can cause them to get their security license revoked. :duh:


I might have had to do a brake check.. (since their not EVOC certified, it may have proven interesting) :hahano:


In the end this type of activity gives all security officers the bad name_ wanna-be_ . and makes the good ones want to have a blanket party with these types... I have met many security officers over the years, many are still good friends and have worked their way into LE, FF, etc. Others are still in security and are great folks with a steady career.. Others make you wonder about the GENE POOL, and PRAY to GOD they Don't Reproduce! :suicide:


Florida Law for Impersonation:


633.122 Impersonating State Fire Marshal, firefighter, volunteer firefighter, or firesafety inspector; criminal penalties.—A person who falsely assumes or pretends to be the State Fire Marshal, an agent of the division, a firefighter, a volunteer firefighter, or a firesafety inspector by identifying herself or himself as the State Fire Marshal, an agent of the division, a firefighter, a volunteer firefighter, or a firesafety inspector by wearing a uniform or presenting or displaying a badge as credentials that would cause a reasonable person to believe that she or he is a State Fire Marshal, an agent of the division, a firefighter, a volunteer firefighter, or firesafety inspector commits a felony of the third degree.


843.0855 Criminal actions under color of law or through use of simulated legal process.


2) A person who deliberately impersonates or falsely acts as a public officer or employee in connection with or relating to any legal process affecting persons and property, or otherwise takes any action under color of law against persons or property, commits a felony of the third degree.


843.08 Falsely personating officer, etc.--A person who falsely assumes or pretends to be a sheriff, officer of the Florida Highway Patrol, officer of the Fish and Wildlife Conservation Commission, officer of the Department of Environmental Protection, officer of the Department of Transportation, officer of the Department of Financial Services, officer of the Department of Corrections, correctional probation officer, deputy sheriff, state attorney or assistant state attorney, statewide prosecutor or assistant statewide prosecutor, state attorney investigator, coroner, police officer, lottery special agent or lottery investigator, beverage enforcement agent, or watchman, or any member of the Parole Commission and any administrative aide or supervisor employed by the commission, or any personnel or representative of the Department of Law Enforcement, or a federal law enforcement officer as defined in s. 901.1505, and takes upon himself or herself to act as such, or to require any other person to aid or assist him or her in a matter pertaining to the duty of any such officer, commits a felony of the third degree.


Once convicted, life is over for the person charged as their dreams and asperations of becoming any type of public servant shatter into a thousand pieces. Typically they will continue to act out their fantasy or claim to be EX-LEO.until locked up again .. :duh: :haha: :crazy: :weird:

 

[AllStrobedUp]

Yes I agree, but to play devils advocate; the security officer was wasn't pretending to be a cop, he was a security officer doing what many (not all) security officers do or think they can do.. I think many tend to forget just because they have lights or a siren, that doesn't make them a LEO, and can cause them to get their security license revoked. :duh:

I might have had to do a brake check.. (since their not EVOC certified, it may have proven interesting) :hahano:


In the end this type of activity gives all security officers the bad name_ wanna-be_ . and makes the good ones want to have a blanket party with these types... I have met many security officers over the years, many are still good friends and have worked their way into LE, FF, etc. Others are still in security and are great folks with a steady career.. Others make you wonder about the GENE POOL, and PRAY to GOD they Don't Reproduce! :suicide:


Florida Law for Impersonation:


633.122 Impersonating State Fire Marshal, firefighter, volunteer firefighter, or firesafety inspector; criminal penalties.—A person who falsely assumes or pretends to be the State Fire Marshal, an agent of the division, a firefighter, a volunteer firefighter, or a firesafety inspector by identifying herself or himself as the State Fire Marshal, an agent of the division, a firefighter, a volunteer firefighter, or a firesafety inspector by wearing a uniform or presenting or displaying a badge as credentials that would cause a reasonable person to believe that she or he is a State Fire Marshal, an agent of the division, a firefighter, a volunteer firefighter, or firesafety inspector commits a felony of the third degree.


843.0855 Criminal actions under color of law or through use of simulated legal process.


2) A person who deliberately impersonates or falsely acts as a public officer or employee in connection with or relating to any legal process affecting persons and property, or otherwise takes any action under color of law against persons or property, commits a felony of the third degree.


843.08 Falsely personating officer, etc.--A person who falsely assumes or pretends to be a sheriff, officer of the Florida Highway Patrol, officer of the Fish and Wildlife Conservation Commission, officer of the Department of Environmental Protection, officer of the Department of Transportation, officer of the Department of Financial Services, officer of the Department of Corrections, correctional probation officer, deputy sheriff, state attorney or assistant state attorney, statewide prosecutor or assistant statewide prosecutor, state attorney investigator, coroner, police officer, lottery special agent or lottery investigator, beverage enforcement agent, or watchman, or any member of the Parole Commission and any administrative aide or supervisor employed by the commission, or any personnel or representative of the Department of Law Enforcement, or a federal law enforcement officer as defined in s. 901.1505, and takes upon himself or herself to act as such, or to require any other person to aid or assist him or her in a matter pertaining to the duty of any such officer, commits a felony of the third degree.


Once convicted, life is over for the person charged as their dreams and asperations of becoming any type of public servant shatter into a thousand pieces. Typically they will continue to act out their fantasy or claim to be EX-LEO.until locked up again .. :duh: :haha: :crazy: :weird:

Didn't know you could get smacked with Impersonation for claiming to be an Security Officer. All the company's I have worked for do monthly checks of all staff for License status. I check my staff monthly.

 

[CodeMan]

Didn't know you could get smacked with Impersonation for claiming to be an Security Officer. All the company's I have worked for do monthly checks of all staff for License status. I check my staff monthly.

Well if someone claims to be something, I would think they would NEED to have some type of ID proving they are what they say they are. I love the fact they list the break down and that watchmen are included, as they are still a person people will look to for help on a job site..

 

[HILO]

Oh there is a law in Texas for impersonating a security guard. Why one would impersonate a security guard is beyond me.


Texas occupation code Sec. 1702.3875. Impersonating Security Officer; Offense


(a) A person commits an offense if the person:


(1) impersonates a commissioned or noncommissioned security officer with the intent to induce another to submit to the person's pretended authority or to rely on the person's pretended acts of a security officer; or


(2) knowingly purports to exercise any function that requires registration as a noncommissioned security officer or a security officer commission.


( B) An offense under this section is a Class A misdemeanor.

 

[PJD642]

I might have had to do a brake check.. (since their not EVOC certified, it may have proven interesting) :hahano:

I'm certainly not advocating this, but: "I saw the flashing lights behind me and I panicked! I knew I was supposed to stop, and didn't want them thinking I wasn't yielding so I stopped right away!"


Let them *prove* you brake checked him, instead of the above. Meanwhile, you're injured and suing the security company and their insurer for a new car as well as lost wages, etc...

 

[CodeMan]

I'm certainly not advocating this, but: "I saw the flashing lights behind me and I panicked! I knew I was supposed to stop, and didn't want them thinking I wasn't yielding so I stopped right away!"

Let them *prove* you brake checked him, instead of the above. Meanwhile, you're injured and suing the security company and their insurer for a new car as well as lost wages, etc...

See what a concept !! :thumbsup: (new car, lost wages, laying around with all those sports channels and suffering the mental anguish caused by the bad man with the blinkies giving you nite mares ). Man one could really roll on with that one.... :undecided:



They tell you if an unmarked car tries to stop you, drive safely to a public place with people around and call 911 while your driving to that place.

 

[JazzDad]

See what a concept !! :thumbsup: (new car, lost wages, laying around with all those sports channels and suffering the mental anguish caused by the bad man with the blinkies ...

Or, you are watching your family sue the security company which files for bankruptcy, as you sit on the cloud playing your harp.

 

[CodeMan]

Or, you are watching your family sue the security company which files for bankruptcy, as you sit on the cloud playing your harp.

I don't think that would happen as I would be driving a JDI industries produced vehicle....


I wouldn't do it in the first place, but it sounds for for a split second.. lol

 

[TDC]

"Mills had no plans to pull over, having always been told "never to pull over for anybody but police.""

 

[FireEMSPolice]

Yes I agree, but to play devils advocate; the security officer was wasn't pretending to be a cop, he was a security officer doing what some (not all) security officers do or think they can do.. I think many tend to forget just because they have lights or a siren, that doesn't make them a LEO, and can cause them to get their security license revoked. :duh:

Fixed!

You will get a bad apple anywhere. When I was Supervisor, I would try to weed those guys out fast as they became a liability.

 

[aggmeister2010]

Oh there is a law in Texas for impersonating a security guard. Why one would impersonate a security guard is beyond me.

To be a "certified" security officer you have to get a license in TX...so I guess they wanted to associate a penalty for some random schmuck trying to be a "professional" security officer.  But again, why you'd do that, I dont know.

 

[HILO]

To be a "certified" security officer you have to get a license in TX...so I guess they wanted to associate a penalty for some random schmuck trying to be a "professional" security officer.  But again, why you'd do that, I dont know.

Correct, in order to wear clothing with the word Security on it, you have to be licensed through the state. That is why stores have 'loss prevention', clubs have bouncers or STAFF. Both do the same or simular jobs as security guards. Observe, report, protect the interest of the property owners, and detain or make a citizens arrest. But neither have deal with DPS regulations. Though bouncers are subject to TABC regulations, and have a little more authoritah than a security guard.