Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-31-2005, 02:01 PM
Junior Member
 
Join Date: Mar 2005
Posts: 3

Too harsh?


After work yesterday me and 2 co-workers went to the local bar in the mall we work at. We stayed pretty late and had a few drinks. By the end of the night I was the last person at the table left with the $185.00 bill. I was $5.00 short and that angered the waiter obviously. At the time I was pretty drunk and could tell that I was getting loud and obnoxious and was asked to leave.

After leaving I returned to use the washroom which I shouldn't have. As I walked out of the washroom the manager who had kicked me out confronted me and asked me to leave again and I was being drunk and stupid and put my arm around him as I walked out. When I finally got out of the bar there were 4 mall security gaurds who did not ask me to leave or escort me out instead put handcuffs on me and escorted me through some back halls. While going down the back halls they slammed my face into the walls leaving me with bruises and scrapes.

Finally in the security office they put me in a small cell with no view with the handcuffs still on. The cuffs were very tight and it took a lot of hounding to get one of the security gaurds to loosen them for me. The cuffs were still very tight after as well. As I sat in the cell I heard them mocking me and laughing. I repeatedly asked for the police because I thought the treatment was too harsh for simply returning to the bar.

When the police arived the cell door was finally open and they spoke with the security gaurds for a few minutes. I tried to explain to the cops what had happened but they repeatedly told me to be quite and that I could have been charged with assault for putting my arm around the manager of the bar.

They finally released me with a ticket from the police for $70.00 for “Failure to leave when directed” aswell as a 5 year ban from the mall I work. Again I asked if I could speak with the cop but they told me to be quite and hailed me a cab.

When I arived home I quickly took 4 photos of the bruises and scratches on my face and the bruises on my wrists from the handcuffs.

Also I am 19 almost 20 and all the security gaurds seemed to be in there early 20's looking for some fun. I live in Canada so I don't know how different the laws are here and in the States.

My question is what can I do about the harsh abuse received from the security gaurds while in the back halls with no cameras aswell as the 5 year ban from the mall I work at?

Last edited by dizzay; 03-31-2005 at 02:05 PM.
  #2  
Old 03-31-2005, 02:52 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,447
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Since this board is for US laws only, I don't know if anyone here can possibly be of any assistance to you. Personally, I am totally clueless about Canadian law so I shall leave it to others if they care to comment.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #3  
Old 03-31-2005, 02:58 PM
Junior Member
 
Join Date: Mar 2005
Posts: 3
I understand but I'm sure the law would be similar to that of any State.
  #4  
Old 03-31-2005, 03:09 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,447
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by dizzay
I understand but I'm sure the law would be similar to that of any State.
Well ... not really. Here, you'd have been arrested or cited for underage drinking and our malls don't generally have holding cells (none that I know of anyway). You'd be guilty of underage drinking, trespassing, and possibly battery on the manager.

If it were here, your recourse against the security guards would be to sue them and the mall. And as for the 5-year ban from the mall, you'd have to take that up with the mall admin. or your employer.

The nuts-and-bolts of how this all works varies even by state down here ... how they would work in Canada is another tale entirely.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #5  
Old 03-31-2005, 03:29 PM
Junior Member
 
Join Date: Mar 2005
Posts: 3
The legal drinking age in Canada is 19. I also just found out that there are Camera's in the backhalls aswell as the holding cell which was supposed to be lighted.

As for the battery charge how would that work?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:34 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.