Legal Question in Criminal Law in California

False Imprisonment? Private Security

A friend of mine owns a private security company. One of his clients is a new home owners association in the hills in a rural area that has had a history of people doing drug and vandalizing property. Two of the security officers were on patrol and made contact with a subject, the subject ran towards them with closed fists, one officer pepper sprayed the subject and they used handcuffs to detain the suspect. The officers IMMEDIATELY notified the Sheriff's Department. The Deputies arrived, released the ''suspect'' and in turn arrested the two security officers for false imprisonment (PC 236) and ill use of tear gas (PC 12403.7(g)). Both officers are licensed through the state of california to work security, have been issued tear gas/OC certificates. Were they wrong for defending themselves when they did not know the intentions of this individual and had no other ''backup'' within a 40 mile radius? It appears to me that the Sheriff's Deputies made a bad judgement call. What can these security officers do as they were just performing their job?


Asked on 6/26/08, 8:58 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: False Imprisonment? Private Security

Yes, based on information you provided it sounds like a bad call on the part of deputies. I cannot tell you more without more details. The security officers should do what any defendants in a criminal case should do - hire a good lawyer. It seems to me this case calls for an early "intervention" by an attorney to attempt to nip this thing in the bud before any charges are filed.

Hope this helps.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 6/26/08, 10:03 pm
Terry A. Nelson Nelson & Lawless

Re: False Imprisonment? Private Security

What can they do?

Hire an attorney to defend them on the criminal charges, and the civil lawsuit that will probably be filed against them. Then, get training on what the rules are for dealing with such situations in the future. "Performing their job" requires they know and follow the law to avoid breaking it. Just wearing a uniform doesn't give them any special rights or defenses. Feel free to contact me for legal defense if the case is in SoCal, or for training regardless of where.

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Answered on 6/27/08, 1:26 pm


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