False Imprisonment with use of a gun by a security guard - deputies no help

[sefnfot]

What is the name of your state? CA
summary
rough draft (c) 1/3/20 9PM

Approximately 3PM on Friday, January 3, 2020

I was driving on Beverly blvd and on my way to the bank and I noticed a man step onto my traffic lane and block my car (allowing a side street to enter the main road).

I was driving westbound and after crossing La Cienega I was about to reach San Vicente Blvd and a black male in his 20's or 30's walked onto the street blocking traffic while holding the handle of his gun and squeezing his hand on the handle while displaying the international hand signal for stopping with his other hand. The hand was not resting on top of the gun or belt, but actually holding the gun grip handle with his fingers squeezing the grip; unknown if the fingers were on the trigger.

He did not un-holster his gun and but it appeared to me that the clip was not visible.

this was not in view of the nearby school but 1/2 block away and on the street between a shopping center and a hotel.

The person was dressed in a security guard (SG) uniform and carrying a gun on his belt. He was not dressed as a crossing guard; but he was doing the job of one; allowing school traffic to merge onto the main road.

I realized the person was blocking traffic so he could let the nearby school traffic get onto the main road. I had no problem as several cars from the adjacent street were filling onto the main boulevard. But then I felt threatened because he had his hand gripping his gun handle while preventing me from movement . He stood directly in front of my car with less than any safe space for me to leave.

(Honestly, my first concern was that he was putting the school in a big liability for acting so dangerously.)

I was in the 2nd lane and there are three lanes at this part of Beverly Blvd. so this SG walked into the 2nd lane and stood in the middle of the 2nd lane. As I was stopped, I realized that this person was acting dangerously, So I intentionally swerved my car into the 3rd lane and put my car between me and the dangerous person. Then I got out of my car and I started asking the person to take his hand off his gun. maybe he got confused, but he did not comply.

And I repeated my demand several times and the person ignored me and did not remove his hand from his gun. he held onto his gun handle the whole time and I noticed him gripping it several times. If this street was not a congested place, then the situation could have ended worse for me: On Beverly Blvd at Beverly PL in front of the Beverly Center.

I then told the person that I was calling the police and that he should not leave the scene. The person proceeded to ignore me and left the scene.

isnt this considered false imprisonment with the use of a gun ( same thing OJ went to jail for?)
I did call 911
isnt it a felony to leave the scene of a crime? ( a crime that a gun was used?)
Is it proper procedure for the deputies to get the serial number of any gun used in a complaint and to find out if it was loaded?

The deputies first spoke to the security guard's supervisor ( who happens to be an ex-cop) and the first words used by the deputies was exactly what the supervisor tried to say: oh he just was resting his hand on his belt. the supervisor was not a witness.

But I have another witness that was equally as shocked as I was.

I started to worry that I was faced with some kind of Brown Wall of Silence between police and security guards.

this happened near a shopping center , hospital, hotel and less than 100 yards of banks. in addition this is near a major intersection, so i am sure there are many cameras that caught this.

This is the 2nd time i am faced with law enforcement discarding my civil rights of freedom of movement by a security guard in the public domain.

I feel the deputies have assisted in evading an arrest of a felony by listening to a non witness over the clear description of 2 witnesses that the events transpired as I stated. there was no mistake that he was holding the gun handle while preventing my movement.

 

[Taxing Matters]

isnt this considered false imprisonment with the use of a gun ( same thing OJ went to jail for?)

No. If he had the authority to regulate the traffic at that intersection then he was allowed to stop the traffic and do his job. So let's start there. Why was the guy out there in the first place? You never really said.

isnt it a felony to leave the scene of a crime? ( a crime that a gun was used?)

No. But even if it was, I'm not seeing a felony here.

Is it proper procedure for the deputies to get the serial number of any gun used in a complaint and to find out if it was loaded?

Not legally required.

I feel the deputies have assisted in evading an arrest of a felony by listening to a non witness over the clear description of 2 witnesses that the events transpired as I stated. there was no mistake that he was holding the gun handle while preventing my movement.

The police are not obligated to arrest the security guard. They have the discretion to form their view of what it seems likely to have occurred and what to do about it.

 

[CdwJava]

You are free to complain to the security officer's supervisor or management if you choose. You can evcen complain to the deputy's supervisor. But, as Taxing Matters indicated, most of what you mentioned with regards to legal obligations are in error.

An armed security guard stopping traffic to allow pedestrians (children) to cross is hardly a serious matter, an infraction at best. You do not articulate any threats made with the gun or that you were unlawfully held against your will. Resting his hand on his gun - even gripping the hilt tightly - is not a crime unless coupled with other things facts apparently not present. You could have stopped, remained in your car, and then proceeded on after the kids crossed and the guard left. Keep in mind that there is no magic rank, position, or other assignation that makes a person magically able to stand in front of traffic at an intersection to block traffic briefly so that pedestrians can cross. Even you could do it!

 

[Edgar 1776]

Based on what you said, there was no crime committed

 

[xylene]

From the aerial photos it sure seems like YOU were trying to enter the KEEP CLEAR area and the guard was preventing this.

Managing exiting traffic is NOT a felony.

I slid think you know NOTHING about firearms and are a crank.

 

[adjusterjack]

This is the 2nd time i am faced with law enforcement discarding my civil rights of freedom of movement by a security guard in the public domain.

Did you raise the other experience to a ridiculous level as well?

 

[HighwayMan]

Semi-automatic pistols do not use "clips" and even if they did I'm not sure how it's visibility was a factor. Are you trying to imply that the pistol was not loaded?

 

[FlyingRon]

1. Blocking the street is not false imprisonment. You were free to go, just not in the way he was standing.
2. It matters not one whit if the gun is loaded (despite what Nicolas Cage says in Raising Arizona).

 

[sefnfot]

No. If he had the authority to regulate the traffic at that intersection then he was allowed to stop the traffic and do his job. So let's start there. Why was the guy out there in the first place? You never really said.


No. But even if it was, I'm not seeing a felony here.


Not legally required.


The police are not obligated to arrest the security guard. They have the discretion to form their view of what it seems likely to have occurred and what to do about it.

Thank you for your time.
I tried to be descriptive as possible. I plan not to take action on the matter so my next questions are for education purposes only.

The Security guard was there to allow cars from the small street into the main street. he was doing to the job of a school crossing guard without any obvious indication that he was (there were no children present and no school buses. There is no sign on the main road indicating a school. So anyone that is not familiar with the neighborhood wouldn't know about the school; (like the many cars that were blowing their horn at me for stopping).

I had the right of way and I had a green light. the other street had a stop sign and a crosswalk in front of them.
There was no stop sign but there was marking on the road "Keep Clear".

So I was in the 2nd lane and the person stopped me after I already entered the "Keep Clear" area.

So the question is , is a non police officer allowed to stop cars that have the right of way in order to allow cars at a stop sign -(ie that do not have the right of way)- to go first? Can a non police officer step into the middle of an intersection and stop people with a green light and let red light traffic go when the lights are working? And if this person is using a gun to make you stop then how many cars would it take to be considered false imprisonment? 50? actually it only takes one moment of time , just like OJ's case, simply saying don't move while displaying a gun is a felony false imprisonment.

Maybe it sounded like I was saying that the guard stopped me at the crosswalk?
My witness passenger says that he had his finger in the ring of the trigger.
It is a fact that he was holding his gun in a menacing way, not the hilt. if anything , I got him off the location; so it's safer now.
Being a 911 survivor, I don't just sit back and remain a lemming, but I take action.

My previous incident, while I was in the Inglewood courthouse (small claims day), there was smoke billowing through the building from a fire, which ended up being in the parking lot. But the smoke in the courtroom was toxic.
The deputies announced that everyone should remain in their seats while there was a possible fire breaking out in the building. They didn't know the source. The deputies were complete morons on this.
The judge of course rushed out of the room to safety, but the lemmings were told to stay.
Me and my partner got out to leave the room and the deputy tried to stop me. Really? that is exactly what the supervisors told their subordinates at the twin towers. So I announced that I was a 9/11 survivor and that I was not going to remain in a burning building.
It was my partner that noticed were the fire was coming from.
One of the excuses made by the sheriff for my inquest was that it was more toxic outside than inside. ( That just confirmed that the courthouse did not have an adequate evacuation plan in place).

 

[sefnfot]

1. Blocking the street is not false imprisonment. You were free to go, just not in the way he was standing.
2. It matters not one whit if the gun is loaded (despite what Nicolas Cage says in Raising Arizona).

1. I could not leave, he was directly in front of my car. he actually moved back as I made my way to the 3rd lane. it feels like an eternity when you are held up.
2. agreed

 

[CdwJava]

So the question is , is a non police officer allowed to stop cars that have the right of way in order to allow cars at a stop sign -(ie that do not have the right of way)- to go first? Can a non police officer step into the middle of an intersection and stop people with a green light and let red light traffic go when the lights are working? And if this person is using a gun to make you stop then how many cars would it take to be considered false imprisonment? 50? actually it only takes one moment of time , just like OJ's case, simply saying don't move while displaying a gun is a felony false imprisonment.

The gun is irrelevant here. By your own description he did not remove it from his holster, aim it, or even brandish it. And, no, saying "don't move" while carrying a gun in a holster - even with a hand on it - is not a crime in the circumstance you have described. If he had a finger on the "ring of the trigger" (which is, I believe, the trigger guard you describe) then he would have to have removed it from the holster. You state in your original post that he did not remove it. So, which is it?

Yes, a non police officer can step into traffic and stop traffic. It happens all the time at construction sites, during the movement of heavy equipment, special events, even school crossings. At WORST this is an infraction punishable by a fine only.

 

[FlyingRon]

You not being able to move your car is not false imprisonment. YOU were not prohibited from leaving. You're being hysterical.
Putting your finger on the trigger of a holstered weapon is a good way to shoot yourself in the foot (or some other sensitive body part).

 

[CdwJava]

Unless this was some whacked out sort of holster I am unfamiliar with, there should be no way for the finger to have even gotten onto the trigger while the weapon was still in it (sort of one of the points of having a holster). But, if he could, yeah, that'd be moronic.

 

[FlyingRon]

At least not any modern ones. There are some old style revolver holsters that leave the trigger area open.
I've got some nylon ones (notably my revolver shoulder rig) that while it covers the rigger is loose enough there that I could fit my finger in if I tried hard enough