Page 1 of 4
Would you pull over?? I know I wouldn't
Posted: Thu Mar 08, 2012 11:24 pm
by Scott in Houston
http://abclocal.go.com/ktrk/story?secti ... id=8574277" onclick="window.open(this.href);return false;
This is way over the line. I can guarantee I'm not pulling over for one of these guys.
Even if you did, you wouldn't have to show him an ID or DL or CHL or tell them whether you're armed. They can ask me to leave private property, but that's it.
This makes me angry.
Re: Would you pull over?? I know I wouldn't
Posted: Thu Mar 08, 2012 11:26 pm
by Beiruty
Fake cops are what? Bozos, no?
Re: Would you pull over?? I know I wouldn't
Posted: Thu Mar 08, 2012 11:27 pm
by speedsix
...on private property...sure, but on a public street...they have zero authority...they're private citizens unless on the property they're contracted to protect...
Re: Would you pull over?? I know I wouldn't
Posted: Thu Mar 08, 2012 11:32 pm
by Beiruty
speedsix wrote:...on private property...sure, but on a public street...they have zero authority...they're private citizens unless on the property they're contracted to protect...
However, they can't write you a speeding ticket.
Re: Would you pull over?? I know I wouldn't
Posted: Thu Mar 08, 2012 11:45 pm
by gigag04
I'd sack one up for impersonating...
Re: Would you pull over?? I know I wouldn't
Posted: Thu Mar 08, 2012 11:49 pm
by carlson1
I would like to meet the magistrate that would inforce force the "speeding ticket."
My first question is where is the police or deputy sheriff?
Re: Would you pull over?? I know I wouldn't
Posted: Thu Mar 08, 2012 11:53 pm
by apostate
If you don't live there, their power over you is limited. However, if you live in the community and it's the kind of HOA which fines residents for tall grass...
Re: Would you pull over?? I know I wouldn't
Posted: Fri Mar 09, 2012 6:01 am
by rcasady
and thats why i will never live in a restricted community ... sometimes i feel like my wife would feel more secure in a neighborhood like that,but come to think if it , id be more worried about the fool that drives that clown car around my house being nosey . top gun ? really ?
Re: Would you pull over?? I know I wouldn't
Posted: Fri Mar 09, 2012 6:19 am
by Beiruty
pulling over is legal detention, i.e you can't leave, it is a kind of "kidnapping" if done by none LEO. I say they have no legal base to pull you over.
Did you ever see, security guards at the mall pulling over cars?, nope!
Re: Would you pull over?? I know I wouldn't
Posted: Fri Mar 09, 2012 6:52 am
by jmra
speedsix wrote:...on private property...sure, but on a public street...they have zero authority...they're private citizens unless on the property they're contracted to protect...
Some people in our subdivision wanted to gate our subdivision so we just went through a lot of legal mumbo jumbo. What the lawyers (both ours and the county's) told us was this;
Most gated subdivision are planned to be so from the getgo. In these cases the property deeds extend to the middle of the street. This means the streets are owned and maintained by the residents through the HOA (translates as the streets are private property).
In our case the deeds did not extend to the middle of the streets and the county is responsible for maintenance. This means the street is owned by every person in the county (translates as public street). So if we wanted to gate we would have to add a public accessible button so that anyone in the county would have access to the "public street". Needless to say, we decided not to add the gates.
So in this case, since it is a gated subdivision the streets would most likely be private property.
Re: Would you pull over?? I know I wouldn't
Posted: Fri Mar 09, 2012 6:54 am
by A-R
carlson1 wrote:I would like to meet the magistrate that would inforce force the "speeding ticket."
My first question is where is the police or deputy sheriff?
If you live there and have agreed to restrictive covenants, HOA charter etc, then they don't need a magistrate - they just fine you and if you don't pay they put a lien on your house same as failure to pay HOA dues.
It's really just homeowners policing each other and if I didn't live there I wouldn't stop either as the rent-a-cop has no more authority to stop me than a kid in a Halloween costume.
Silly thing is, in my neighborhood, it's the non-residents (especially construction workers building new homes on new lots) that are most egregious traffic violators. This world do nothing to solve that problem.
Also this is a unique situation (at least in my area) if - as I assume - these are private roads wholly owned and maintained by the HOA. If these are public roads then the rent-a-cops are truly walking a very fine line and I think gigag is right that an impersonating charge is likely. If the roads are private, why not incorporate the subdivision and then form a real police department to patrol the newly incorporated "city"?
Re: Would you pull over?? I know I wouldn't
Posted: Fri Mar 09, 2012 7:39 am
by Crossfire
Have these people never heard of speedbumps?
Re: Would you pull over?? I know I wouldn't
Posted: Fri Mar 09, 2012 7:45 am
by speedsix
...I'm sure they've been called much worse than that...
Re: Would you pull over?? I know I wouldn't
Posted: Fri Mar 09, 2012 8:05 am
by TxSheepdog
carlson1 wrote:I would like to meet the magistrate that would inforce force the "speeding ticket."
My first question is where is the police or deputy sheriff?
We had a meeting with the local deputy the other night. He happens to live on my street. 3 deputies cover about 15 square miles. With traffic and the number of houses, we're lucky to see anyone on patrol. We do get some overlap with the Constable though, which is nice.
We have a private security guy here. No enforcement authority at all. Basically just to stop vandals at the pool. Sounds like that HOA has more money than brains. Our guy in his little SUV is pretty expensive. Someone in a fully outfitted car like that? Yikes!
If it's a gated community, the roads may be private property also, as the HOA pays for repairs.
ETA: looks like I type too slow..
Re: Would you pull over?? I know I wouldn't
Posted: Fri Mar 09, 2012 8:12 am
by speedsix
...to be fair, there are many fine, professional security folks who know their duties and the law...and work very diligently within both...I've worked with them both as an LEO and private citizen...they're a good visual deterrant to a lot of crimes and can make a difference doing what they're supposed to do...it's the wannabees who cause the problems and get them all a bad rap...there's a big difference between a confident, professional presence and attitude and what we often see...and the good ones have to live down the rap on the bad ones...