Legal Question in Criminal Law in Washington
Vehicle Stop By Private Security
I work for a private security company in Washington and Oregon. The other day, another security officer noticed a vehcile acting suspiciously in an apartment complex that we patrolled and initiated a vehicle stop. Our vehciles are equipped with red and yellow lights and sirens. As it turned out, the driver was intoxicared and had no license. The responding police officer kept asking if we were authorized to make traffic stops. Naturally, we are not authorized to use lights or make stops on public roads; however, we can use lights/siren on private property (that we patrol). We are also allowed to stop/detain individuals on private property to determine their residency. Should we not be able to stop a vehicle on private property then? Also, were could I found information on this subject?
1 Answer from Attorneys
Re: Vehicle Stop By Private Security
Good morning,
The fourth amendment protections against search and seizure apply against "State action." You are working as a private security guard so the fourth amendment does not apply. Like the responding officer, I am not certain what authority you have to stop individuals on the private property. You are acting as agents of the owner so you have whatever rights the owner would have. My best legal guess is that you could signal someone to stop, i.e., that you would like to speak with them but if they just drove off of your property that would be the end of it.
Most courthouses have a law library. Call your local courthouse and ask them where the nearest law library might be. The law librarian would then be the best resource for researching this question. You should direct your search to "property rights" and what powers an owner has over those who lease his property. The next basis for authority might be a contractual agreement, somewhere in the rental agreement or posted signs to vehicles that enter the property that they are subject to stop.
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