Security 2012 part 1

[David]

Hi folks,

I have some home work and could really use some help from any of you pro or novice internet researchers.

Rumor has it that Vector security, or any other private security company within the state of Pennsylvania; does NOT have the authority to perform traffic stops.

They can make note of your license plate and mail you a ticket (and of course this applies to all you dedicated "Willing" members of the association), but they can NOT pull you over.

Just a rumor for the time being, but will be presented to legal first thing in the morning and I'll get back to you all under part 2.

Also, there may also be a possibility that their vehicles are violating a state statute (law) as far as having blue lights installed and operated on them. According to state law (PA), non emergency vehicles are NOT allowed to have blue lights mounted.

Anyway, until I return with part 2; would surely appreciate a little help with my homework.

[David]

Okay, so here's what I have found so far.

http://texasofficertraining.com/blog/2012/01/29/police-impersonation/

As it turns out...Vector Security may just be committing an actual felony by making a traffic stop which includes detaining the driver.

This also INCLUDES "Private Communities".

So if you have been stopped by Vector and detained (not allowed to drive away) you may be able to take legal action which can include having the security officer arrested as well as suing Vector and the Association.

I'll keep on with the research, but make it your all to consult with an attorney if Vector has and/or does stop you with their illegal blue lights.

Here's the law regarding the lights. I am still looking for the actual PA penal code that makes it a crime for Vector to stop anyone. According to this law below, Vector isn't even supposed to have blue lights on their vehicles in the state of Pennsylvania.


 CHAPTER 173. FLASHING OR REVOLVING LIGHTS ON
EMERGENCY AND AUTHORIZED VEHICLES

 (3)  Blue lights. A vehicle may display blue lights as provided for by 75 Pa.C.S. §  4572(a) (relating to visual signals on authorized vehicles). Vehicles described in 75 Pa.C.S. §  4572(a) may be equipped with a light-bar assembly using only blue lights. See Figure 3.1.
§4572. Visual signals on authorized vehicles.

75 Pa.C.S. §  4572(a)
(a) Flashing or revolving blue lights.--Ambulance personnel, volunteer firefighters and owners and handlers of dogs used in tracking humans may each equip one motor vehicle with no more than two flashing or revolving blue lights.

That said...PA law Prohibits non-emergency vehicles from having blue lights other than those mentioned above and underlined. ERGO----Vector Security CAN NOT pull you over!!!!

[David]

Okay, so here's what I have found so far.

http://texasofficertraining.com/blog/2012/01/29/police-impersonation/

As it turns out...Vector Security may just be committing an actual felony by making a traffic stop which includes detaining the driver.

This also INCLUDES "Private Communities".

So if you have been stopped by Vector and detained (not allowed to drive away) you may be able to take legal action which can include having the security officer arrested as well as suing Vector and the Association.

I'll keep on with the research, but make it your all to consult with an attorney if Vector has and/or does stop you with their illegal blue lights.

Here's the law regarding the lights. I am still looking for the actual PA penal code that makes it a crime for Vector to stop anyone. According to this law below, Vector isn't even supposed to have blue lights on their vehicles in the state of Pennsylvania.


 CHAPTER 173. FLASHING OR REVOLVING LIGHTS ON
EMERGENCY AND AUTHORIZED VEHICLES

 (3)  Blue lights. A vehicle may display blue lights as provided for by 75 Pa.C.S. §  4572(a) (relating to visual signals on authorized vehicles). Vehicles described in 75 Pa.C.S. §  4572(a) may be equipped with a light-bar assembly using only blue lights. See Figure 3.1.
§4572. Visual signals on authorized vehicles.

75 Pa.C.S. §  4572(a)
(a) Flashing or revolving blue lights.--Ambulance personnel, volunteer firefighters and owners and handlers of dogs used in tracking humans may each equip one motor vehicle with no more than two flashing or revolving blue lights.

That said...PA law Prohibits non-emergency vehicles from having blue lights other than those mentioned above and underlined. ERGO----Vector Security CAN NOT pull you over!!!!

Just brought to my attention that Vector's lights are actually green and amber; which still does NOT give them the right to perform traffic stops.

[David]

I just got an email from someone that had difficulty registering on this site, but asked me to post this:

Dear David i found your still water lakes ad very interesting and decided to comment on that a bit as a former Peace Officer even i had to have probable cause to stop a vehicle security guards are nothing more than just regular citizens making illegal traffic stops and detaining the residents against their will at that community:

A false arrest is a situation in which someone is detained unlawfully. Depending on the circumstances, a false arrest charge may be changed to a false imprisonment charge, in which someone is illegally confined or held against their will, if the charge can be proved, sometimes it is possible to recover Punitive Damage from the arresting or detaining party.
False arrests are considered more as a civil crime. They are usually classified as misdemeanors. The vast majority of false arrest charges which make their way to court are leveled against privatesecurity companies, who sometimes use threats or coercion to hold people.


Security guards are not Police or Peace Officers who are sworn officers and given the authority of arrest powers. Security Guards conducting car stops can be considered as a false arrest they are detaining you against your will even if it is for a matter of five minutes the moment they stopped you to enforce a vehicle traffic law they have taken your freedom.


Green lights mean nothing and the cars they are riding in are not classified as an authorized vehicle to make traffic stops. Once you enter private property, HOA has the right to enforce their policies (not laws) as they please. Now as far as their fines, it means nothing as the officers who are enforcing the fines have no authority to make traffic stops. HOA can do whatever they feel like until someone takes them to court and challenge their policies in court.

 Someone needs to school those guards on their actual duties and limitations. Make them realize that minimum wage is not worth getting sued over.

...and here's the law in Pennsylvania regarding the green lights:
§ 173.3. Display requirements.

 (a)  Color. White, clear, red, blue, amber or yellow are the only colors permitted for use in flashing or revolving lights. (Emphasis added)

That said, if you have been or are in the future; stopped (detained) by Vector, looks like there would be just about three parties legally liable: Vector Security Co., the actual offending guard, and the association.

...and just a friendly reminder folks...GET THAT EXTRA INSURANCE RIDER TO AVOID HAVING TO SHARE IN PAYING FOR LAWSUITS AGAINST THE "ASSOCIATION"......OH wait!!!! If you're NOT a member, you don't have to pay for that either.