False Imprisonment Arrest - Georgia

[brian_1]

This is a long one but I will try to keep it short and sweet. I was working as a armed security officer for a private security company in Dekalb County Georgia, when one night we were informed by a tenet who we had trouble with in the past for shots being fired outside her apartment and a lot of drug transactions being made from her apartment, that she was receiving death threats against her and her children. After informing her to call the police and then us if the individuals showed up, we went on our way. At 2:56 AM, she called again saying that they had called back and said they were "on their way to kill her". She was informed to call Dekalb County Police and we would be keeping an eye out. Four minutes later (yes I am looking at my report as I type this to ensure accuracy) we heard a woman scream twice in the general direction of the threats. So, my boss, one other security agent, and myself headed that way. We were and are all licensed to carry, 2 tactical shotguns and each had a glock 23. When we get too the area, I was ten feet in front of a car that was occupied by a male individual slouching down in his car. My boss began interviewing the individual while the other officer and I provided security. The individual would not tell us why he was there or who he was visiting. When we asked him how he got through the gates at the entrance, he stated that he "followed someone in". My boss asked for ID, which was willingly given up, and asked the individual if he minded stepping out of the car, which he did not mind. The guy had a Alabama driver's license(which is not illegal) but still would not tell us who he was visiting or which apartment. He kept changing his story from "a friend" to "someone" to "my cousin". My boss and the other security agent asked him to step back to the back of the car, while I stayed 10 feet in front of the car. My boss then asked the individual if he could just look inside his car, which the individual said was fine. My boss noticed a large sum of cash sitting in the front seat next too a bunch of rope. I honestly do not know what else was spotted in plain view because I did not go near the car. It was at this time that my boss and the other security agent decided to detain the individual with handcuffs. As soon as the individual was handcuffed, I was told to call the police. I do not know what took place at this point other than the other security agent asked me to watch the individual while he sat on the curb and we waited for Dekalb Police to arrive. I did not at ANY TIME point my tactical shotgun or glock at him and always stayed a minimum of 6 feet from him. When Dekalb County arrived, they took over the interviewing, refusing to search his car, refusing to issue a criminal trespass warning to the individual and told us he was authorized to be there. My boss explained to him that we were representatives of the owner and did not want this individual on our private property and we had the right to have him issued a criminal trespass warning. They again refused and after at least 45 minutes took the cuffs off the individual. Yes they knew we had handcuffed him and one of the police officers even made the remark that he would have done the same thing.
My problem lies in this, we are all now facing felony false imprisonment arrest charges. I had my probable cause hearing on Oct. 23 where the judge signed and issued a warrant for my arrest. My boss is going on Nov. 3 and I assume the same will happen. The other security agent was actually killed on the 23rd at another property. My question is, can I go to jail for this based off the fact that I did not detain the individual nor make any decision to detain him? Yes I do have a lawyer and his input is that I made no decision and should not be charged with this. The DA has yet to indict, but I am generally afraid. I have NEVER had any type of run-in with the police and do not want to go to jail over a job that paid **** anyway. The individual even admitted at my probable cause hearing that I did not detain him nor make any decisions to detain him, but the judge did not seem to really care. SOMEONE PLEASE HELP!!! I am stressing out, cannot sleep and am generally worried about prison time. Since this is a felony, my life and everything that I am trying to put together by going to college and getting a good job is in jeopardy. Advice?

 

[FlyingRon]

If you're going to play cop you ought to get training. You can't go around arresting people willy nilly. You are in serious need of a lawyer. Where is the landlord in all of this?

 

[brian_1]

If you're going to play cop you ought to get training. You can't go around arresting people willy nilly. You are in serious need of a lawyer. Where is the landlord in all of this?

As far as training goes, we are given about 40 + hours of the state training. No we are not the police, and I understand fully that we cannot arrest someone, my only response to that is that he was never arrested, only detained and not by me. I am somehow attempting to get out of this and the defense that I believe we are using is, if this was a felony offense, 1) why were we not arrested on scene, 2) why did the police allow him to continue being in our handcuffs for over an hour if he was being illegally handcuffed, and 3) if this was a felony, why did the first police officer tell us that if he was in our shoes he would have done the same thing? We have 5 witnesses that will testify to that statement. I do have a lawyer and believe me, if it was up too me, the guy would not have been in handcuffs, however, I was unable to make that decision with the Owner of the Company there and making the decisions. The landlord is trying to distance themselves from the situation at all. They do want the guy given a criminal trespass warning and the police are refusing them as well. Another note that I should probably add is that this company does this at 6 other properties around Atlanta and has never had this issue with the police or anyone else in the past 11 years. The bottom line is I feel that I should not be sent to prison or have a felony charge because I never detained nor arrested the individual (the man even admitted this in probable cause hearing), and for doing what my boss told me to do by watching him. I guess if I am charged and convicted I will do my time (max. 10 years state prison) and move on, but it just doesn't seem fair. I am a law-abiding citizen who was trying to earn a paycheck and doing what I was told to do. I understand the moral obligation to stop and prevent illegal things from happening, but again, all the Ga. statutes and training we received said what they were doing was authorized. I go to Church, am involved in my community, and heck I haven't even had a speeding ticket in over 3 years! Any other thoughts or assistance?

 

[brian_1]

Any other thoughts or comments? Really nervous about this and I haven't even received the indictment or found out if the DA is going to indict.

 

[FlyingRon]

As far as training goes, we are given about 40 + hours of the state training. No we are not the police, and I understand fully that we cannot arrest someone, my only response to that is that he was never arrested, only detained and not by me.

You put handcuffs on it, it's more than stopping to ask him questions, you're either arresting him or you are kidnapping him. Either way, you were there and participating in this even if you weren't the one putting the cuffs on him.

1) why were we not arrested on scene,

Because the police/prosecutor wants to investigate. Interview those involved, etc... There's nothing that requires criminals to be arrested as soon as there is probable cause, they just can't be arrested before that.

2) why did the police allow him to continue being in our handcuffs for over an hour if he was being illegally handcuffed,

Most likely because they hadn't realized you were illegally detaining him.

and 3) if this was a felony, why did the first police officer tell us that if he was in our shoes he would have done the same thing?

Makes no difference. Never take legal advice from a cop.

 

[HappyWanderer]

I don't think people get to "detain" people. They arrest or they don't. I think there is an exception for stores. Other than that only cops get to detain. That's probably why the cop correctly said that's what he would have done. But, he's a cop.

You did help imprision the guy. Just because you didn't use your cuffs, does not mean you didn't do it. Get an attorney. Sue the supervisor and the business if they don't pay for it. The real question for me is what you would have done if he flipped you the bird and started to leave.

What would you have done?

 

[HighwayMan]

You should have been trained in regards to what you are and are not allowed to do as an armed security officer in GA. I don't know. You probably do.

In NY you would be considered a civilian, and civilians can make arrests. But there's no in between, i.e. you cannot detain someone for investigation as a poilce officer can.

When someone is handcuffed for 45 minutes that's pretty much an arrest, no matter what state you're in. What added to this was that there were a number of armed security officers surrounding the subject. Even if he WAS NOT cuffed, a reasonable person would not feel he was free to leave and that would also constitute an arrest. Doesn't matter if anyone actually pointed their guns at the subject. I know it wasn't your decision, but what was the actual reason for placing handcuffs on this individual?

In essence the police added to your problems. I can't see why they wouldn't issue a criminal citation for trespass to the subject since you guys were complainants and representatives of the owner of the property.