Sorry, still gotta go with bored thug security guard overstepping the rules.
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Man tackled by concert security over eCig
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Sorry, still gotta go with bored thug security guard overstepping the rules.
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From the article:
"Kid Rock’s stage manager alleged told security he saw Slough point a laser at the stage. However, the only thing the concertgoer had was an electronic cigarette, which lights up blue when inhaled."
It seems the guards acted without using their brains to see if the guy actually had a laser pointer, before assaulting him.
10 people were ejected. 1 assaulted.
No laser pointer.
The venue has already offered them free tickets to settle the matter.
They declined to accept.
I'm not a lawyer or police officer, but I play one on the Internet. Pretty sure everyone who has used the word "assault" doesn't know the legal term. This would be battery, often treated as a misdemeanor.
Assault: "I'm going to kick your ....!"
Battery: Kicking of .... commences.
Assault and battery: "I'm going to kick your ....!"; kicking of .... commences.
And yes, security guards have the authority to touch you. One could make a case for use of excessive force in this instance.
Assault: "I'm going to kick your ....!"
Battery: Kicking of .... commences.
Assault and battery: "I'm going to kick your ....!"; kicking of .... commences.
And yes, security guards have the authority to touch you. One could make a case for use of excessive force in this instance.
What exactly gives a security guard (not a LEO) this authority as opposed to any other private citizen?
Read ninjas post #3,my post #5, and ninjas rebuttle post #9.
That's where this all started.
Regards
Mike
Not where I live. Only sworn law enforcement (peace officers and police) have justification to use force in that manner. Else it's the crime of assault (that's what it's called here; battery is a civil tort).
No one seems to notice, but what was the guy forcibly "arrested" for? Is there a "laser pointer at concert" law where this happened? What would he have been charged with? Even if the "security" were really off duty police, you need a crime to make a lawful arrest. What was it, the catch all disorderly conduct?
I wouldn't be caught dead at one of these circuses anyway so I'm good with the cops ripping someone's head off, but let's have a crime and a cop to justify it. This just looks like typical thug entourage with no training. Aggravated assault, unlawful restraint and if they moved him, kidnapping. The thug security can go to jail to visit their buddies and earn more street cred.
it depends.
if certain activities are prohibited at a venue there
is always that pesky you will be removed from the
premises clause.
regards
mike
I would love to hear this explanation as well.
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It all comes down to appropriate use of force. Simply asking the suspected person if they have a laser pointer would have been sufficient.
If this had taken place at the overlook by DCA where the planes take off and land just overhead, being tackled on suspicion of pointing a laser at airplanes would be justified...
If this had taken place at the overlook by DCA where the planes take off and land just overhead, being tackled on suspicion of pointing a laser at airplanes would be justified...
Worth talking to a lawyer about, maybe one of those ones that you don't pay until you win (though I don't know anything about suing anyone). If they had accidentally broken his neck, would he then have grounds to sue? It should be enough that excessive force was used, no matter the outcome. The guard just got lucky that he didn't cause more harm than he did. They did not investigate before the assault. Not cool.
This also reminded me of the unfortunate young child with the toy gun. And how much worse this could have been.
This also reminded me of the unfortunate young child with the toy gun. And how much worse this could have been.
the conditions they may use force are the same as any
citizens. in addition a private venue has the right to prohibit
certain behavior if they deem it necessary to do so.
evidently the use of a laser pointer results in the removal
from the premises.
regards
mike
You can't consent to being assaulted and unlawfully arrested. Even if the venue has rules and the spectators agree to the rules, you can't beat and falsely imprison them for violating the rules. You can tell them to leave. That's what someone with a brain and some training would have started with.
first,removal from the venue is not arrest.
second,it's not clear if in fact a assault had
occurred.
lastly,this was at a Kid Rock concert.
methods of removal may vary.
regards
mike
I don't know maybe this part of the article confused me.
"Kid Rock’s stage manager alleged told security he saw Slough point a laser at the stage. "
First one has to prove assualt. Second detention is different than arrested. The public and the media generally confuse the two. You can be arrested simply for disobeying an officer. Once at the station you may be released.
Lol ... Imagine the story he's telling ... it was a Blu cigalike that brought this beating on
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