LEO status as private security

[nacorbier]

My question is this: If you are an off-duty LEO, working for a private security company (moonighting), and you wear your private security company uniform, should you have your off-duty LEO designation?

I know in Florida, that off-duty LEOs who work for private security companies, wear private security company uniforms, and are not working a LEO short-call are considered licensed security officers and therefore the battery redef dosen't apply.

I learned that here, in Wisconsin, both LEO arrest AND battery redefinition applies to a Peace Officer or Law Enforcement Officer (They have different designations, for some reason) who is employed by a private security or private police agency, while wearing their private security uniform, and their private security star or shield.

Granted, security companies in Wisconsin can be called "Private Police Agencies," and have "Private Police Officers." These are non-sworn officers who have no academy training, and actually no training requirement whatsoever.

It just struck me as odd that someone can bust someone up for something, then whip out their star after the fact when the SO shows up, and go, "I'm one of you guys, add batt LEO and resisting arrest to it." When, the regular security officer cannot add these additional charges. Hire cops if you want to hire cops?

[z28kilr]

My city requires ALL security guards to have a "Merchant Guard" License in order to work as a security guard inside of the city limits, off-duty officers included.

As far as the battery LEO, Kansas requires that the officers be "uniformed or properly identified." I'd say wearing a uniform of a security guard identifies you as just that; a security guard.

[Bodie]

Not allowed by any agency in Ohio. Probably every agency in Ohio has a rule against police officers working as security guards. If a private company wishes to hire an off duty officer they can do so through the department at special duty rates.

Why would any sworn police officer want to work off duty as a security guard ?

[winq]

Not allowed by any agency in Ohio. Probably every agency in Ohio has a rule against police officers working as security guards. If a private company wishes to hire an off duty officer they can do so through the department at special duty rates.

Why would any sworn police officer want to work off duty as a security guard ?

I've worked plaincloths security many times while off duty, both private and though my Dept. Pay can be great and is usually cash when private.

[Bodie]

The cash can catch up to you if something goes bad and the "employer" has IRS troubles. You also have no workers comp coverage and your department will duck out on you should you get hurt.

[nacorbier]

The cash can catch up to you if something goes bad and the "employer" has IRS troubles. You also have no workers comp coverage and your department will duck out on you should you get hurt.

I don't trust anybody who wants to hire under the table, for cash. Especially if I were used to working under a badge, and then were suddenly turned loose without that badge and authority, in plain clothes. That's not an employer, to me, that's a liability.

If you work for a private agency who provides guard service, I can see that. There's somebody to go to, who either through their workman's comp plan, or their general liability insurance (Most states require this, especially if they have armed security). Somebody's paying your workman's comp.

I know that alot of agencies that allow private "short-call" gigs, ie: they rent out officers, cruisers, etc, consider them on the clock, because the client pays the agency, who gives the officer their pay. Your usually paid double time, or time and a half, for the off-duty assignment. Sit in your cruiser, play Solitaire, and deal with whatever pops up, your there for law enforcement presence only.

As far as putting on another uniform and then doing a private security job, I'm not sure why. I don't see a reason to pay an off duty LEO more than a regular citizen, if they're wearing the same uniform and have the same powers. If they have some kind of hidden power (They don't look like a LEO), then that's great, but its also not something I can advertise to my clients. The jobs are fundamentally different in most states, and I'd have to retrain any LEO in case they exceed their authority as a private security officer, jeapordize my client, and my company.

So, does anyone who's sworn work for a private security company? (The ones who provide security officers to clients, not under the table or in-house) If so, why?

[Creeker]

At my Agency, if anyone, including private individuals wished to hire an off-duty to work Security, they paid a set rate plus W/C benefits. If a detail was for more than 3 Officers, the senior man received an extra $1 per hour. Off-duties were required to be in full Class A Uniform with vehicle and radio, unless otherwise stated by the employer.

Off-duties were always hired thru the Agency, although the senior officer was always able to pick and choose the people he worked with prior to the opportunity being announced. There were plenty of backroom deals made and I knew of one guy who worked more time off-duty for cash than he worked on-duty.

Myself, I worked some PGA Golf Tournements, a wedding or two, a regular shift at a Dillards for a year or so, and for a few years every Saturday night with at least 5 or more other guys at a roller rink (a dangerous place, believe it or not).

SC does allow Agency equipment to be used by off-duty employers.

Other than Security employment, any other type of work had to be approved through the Chain of Command, so if I ever wanted to sell stuff at Radio Shack (for example), my request would have been denied due to the job making me "unavailable" to the Agency.

[PhilipCal]

LEO status as private security

Alabama DPS does not allow officers to work private security duties.Period. That said, many opportunities for "authorized overtime" exist. These include, escort of oversized vehicles through state, highway construction sites on primary and secondary roads,selective traffic enforcement details,special details involving the protection of state facilities, appointed/elected officials,special events requiring an increased trooper presence. In these details, officers can utilize state issued vehicles/equipment. As a general observation, many off duty details can, and sometimes do, involve serious workman's comp questions, as well as other liability issues. Keep in mind too, that "off-duty" employment policies vary widely from department to department.

[Da Po-po]

As far as battery on LEO charges, typically you have to be acting under the color of your authority AND announce yourself as an officer before you can charge under that statute. I don't know of many departments that will allow anyone to work security like that unless it is arranged through the agency and you are acting under official capacity. Bodie is correct in saying that there can be many complications when doing this type of work.