Question about police/guards

[kelroy55]

Last weekend I was at a bar and when I left I ran into the security guards outside. They had to be off duty police by the way they acted. They stopped me and wanted to give me a sobriety test before I went to my car. I only had 3 beers so I knew I wasn't in any trouble but it pissed me off they wouldn't let me continue until I took their test. I was polite and told them I had the right to not take their test and they didn't have the right to prevent me from leaving. They didn't agree and blocked my path until I took their stupid test. Was I right or wrong?

[TheTravellers]

Last weekend I was at a bar and when I left I ran into the security guards outside. They had to be off duty police by the way they acted. They stopped me and wanted to give me a sobriety test before I went to my car. I only had 3 beers so I knew I wasn't in any trouble but it pissed me off they wouldn't let me continue until I took their test. I was polite and told them I had the right to not take their test and they didn't have the right to prevent me from leaving. They didn't agree and blocked my path until I took their stupid test. Was I right or wrong?

Wow... Off the top of my head, I'd say right. "Show me your ID and whatever justification you have to make me take your test, otherwise I assume you're a private citizen that can't force another private citizen to do what you're asking, thank you, good night". If they kept refusing, I'd actually call the police because they'd be harassing me. If they were off-duty LEOs, things might change, but I believe they would still have overstepped their boundaries.

I'll wait for one of our law folks to chime in, though, before I say I'm truly right in my assessment...

[Jersey Boss]

What is the name of the bar so I know not to patronize it. You might have a claim for false imprisonment.

[Jeepnokc]

Wow... Off the top of my head, I'd say right. "Show me your ID and whatever justification you have to make me take your test, otherwise I assume you're a private citizen that can't force another private citizen to do what you're asking, thank you, good night". If they kept refusing, I'd actually call the police because they'd be harassing me. If they were off-duty LEOs, things might change, but I believe they would still have overstepped their boundaries.

I'll wait for one of our law folks to chime in, though, before I say I'm truly right in my assessment...

An off duty LEO working as a private security guard has no more rights than a private citizen.

[TheTravellers]

An off duty LEO working as a private security guard has no more rights than a private citizen.

Then "definitely right" would be my opinion, walk past them, if they touch you, call 911, but again, IANAL...

[BBatesokc]

I remember when I was in my CLEET classes - you had to take private security courses even if you weren't going into that line of work. Our instructor was very much not a wannabe cop nor did he have chip on his shoulder. He used to joke when he was on duty working security his power was limited to yelling 'halt' as many times as he wanted and that if you felt your power went any further than that, you were bound to get yourself and your employer into trouble.

[JohnnyW]

Yeah I would of walked right past the guy. He has no right to stop you from going about your business.

[kelroy55]

I would have walked past him but there were 4 guards on duty and they wern't going to let me continue on if I didn't take their test. If I ever go back I'll find out the company name and lodge a complaint and inform them if it happens again I'll be filing a complaint with the police for what they did.

[Anonymous.]

This is why you ask for badge number and name. Also try and record video or at least audio of this encounter any time you can. Police behavior [sadly] changes dramatically once they know they are being recorded.

[TheTravellers]

I would have walked past him but there were 4 guards on duty and they wern't going to let me continue on if I didn't take their test. If I ever go back I'll find out the company name and lodge a complaint and inform them if it happens again I'll be filing a complaint with the police for what they did.

I'm with Jersey Boss - wanna give us the name of the place so we can avoid it?

[soonerguru]

As a service to your friends here: which bar was it? I wouldn't want to patronize a place like that.

[kelroy55]

It was down here in DFW

[Mel]

Imagine if they did that outside every club and bar. Kelroy, it sounds like you know not to go to a pub and get poop-faced every time. Kudo's to you. They were out of line but 4 to 1 odds aren't good. They were just being bully dawgs.

[Jeepnokc]

My previous comment is based on OK law. Not sure status of security guards in TX

[bluedogok]

My previous comment is based on OK law. Not sure status of security guards in TX

As of the early 90's when I lived in Dallas and went to clubs it wasn't any different at that time. The problem is if you call the police you know that 99% of them will "stand up" for their fellow officer in almost any situation.

[Questor]

Well, you do live in a state that last year thought it just fine to force motorists off the road and heavily imply they needed to consent to random on the spot blood testing:

North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood | NBC 5 Dallas-Fort Worth