Security Guards and Self Defense?

[tim]

If a security guard lays his hands on you in an assaultive manner when you have not broken any laws or rules of a said campus can one legally defend themselves without a criminal charge going on their record.

[blaeey]

You best option is to not resist with a security guard. Because the guard is an agent of the property they have a right to control access and enforce policies. This does include making arrests and using resonable force to do so. If a guard attemppts to take you into custody, although you may feel it as assulative, they probably have good reason, so basically follow orders.

[tripp]

It depends on how the laws in your state regards Security Guards. Some states grant them peace officer status, some do not. It also depends on what you mean by "Assaultive manner".

[ahanu]

One i believe your not telling the story straight!
This has TROLL written all over it!
A higher degree Martial arts ?
Sorry I just do not believe one word of this!

[banys]

State laws govern security officers and their authority. In my state touching a security officer is the same as touching a police officer.

Security officers are operating under the authority of their client. Because they are private they hold the power. It doesn't matter if you are right or wrong, if the security guard tell you to do something then you must do it. If you don't want to do it you need to depart the property.

Based on what I am reading, I am siding with the security guard. It is likely that the guard knows the parking rules as that is likely a large part of his job. Just because YOU think you are right does not mean you are.

Further, name calling is not grounds for use of force. Had you touched him you would have been arrested for felony assualt.

Police officers and security officers are trained in the laws / rules they are hired to enforce. You have absolutely no right to touch them period. If you think they are wrong then you need to take the issue up with the appeals process (Court for PD, supervisor for Security).

I have a hard time believing your story as you tell it. I have worked in the police and security fields my entire life. While I have had my share of people argue with me, I have never had anyone who was legit say they could restrain me. People that make comments such as that usually do so because they are on the defensive about the situation. My bet is the encounter went something like this: you parked illegally and was confronted by security. You were running late and became irate with the security guard. Now you realise you may be in the wrong so you twist the facts around hoping that by making him out as the bad guy will protect you.

I am not saying every security guard is an upstanding citizen or is 100% knowledgeable (if it were up to me I would make the training as intense as it is for police). However, I have worked in both fields for a very long time and have become somewhat cynical when hearing stories such as yours.

If I were you I would do the following. First, If you were in the wrong you need to appologize to the officer. It will show you are a responsible person and might benefit you in the future. Second, if the story happend exactly as you said then you need to file a complaint with the supervisor. Third, you need to realize that the law does not allow for self defense against police or security and that touching them is usually a felony. Check your ego at the door. They don't tell you how to do your job don't tell them how to do theirs. I guarantee you that they know the law and rules better than you.

[jocheved]

You could probably get away with it if you had a fair case, but if the other guards saw and stepped in (which they would) you would have to appeal in court, or to them if they listen to your reason.