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Private security vs Police Power

Last post 05-12-2008, 5:38 PM by Lwilliams. 4 replies.
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  •  10-23-2007, 7:22 PM 7114

    Private security vs Police Power

    Hello everyone.  I am a current criminal justice student and I would like to hear your opinions on police power and people power.  Regarding private security and police, do you feel security personnel should have more authoritative power?  They are limited in the interrogation, search & seizure, and detention processes.  Miranda rights usually don't apply when a suspect is detained by security on private property.  However, we all know now that it is mandatory for police to issue Miranda rights when a suspect is in custody or deprived of freedom.

    Your views on this subject are greatly appreciated. 

  •  10-27-2007, 2:40 PM 7149 in reply to 7114

    Re: Private security vs Police Power

    I can answer your question from the perspective of an innocent person who has been interrogated by the police.

    1. The police do not have any legal obligation to read your Miranda rights, they must only do so when they are going to use information they gather in court.

    2. Even if the police do not read your Miranda rights, they can claim that they did and then turn it into an issue of a police officer's word against an accused's word, in which the police are always viewed as the authoritative answer.

    3. The police are only limited in their ability to interrogate to the degree that they can keep any questionable tactics to an issue of the police officer's word vs the accused's word. (so long as they don't leave any video evidence, witnesses, or physical scars, they can interrogate you however they please.)

    4. The police already use "enhanced interrogation" techniques similar to those used on terrorism suspects and do so with impunity. (in my case, I was denied medical attention and then I was stripped and forced to stand naked and bleeding while interrogated by police. No lawyer will touch the case, therefore I can only conclude that such tactics are defacto legal to perform on any suspect).

    This may not be the "legal" answer you are looking for, but it is the real world reality of it.

    (the news article corroborating my claim of innocence here, my story here)

  •  10-28-2007, 12:55 PM 7152 in reply to 7149

    Re: Private security vs Police Power

    In your case, the police displayed a multitude of unethical behavior. It is sad to say this, but most of what you said is true. It will always be the arresting officer's word against the suspect, and most of the time people will believe the police. Without video tape, there's no way to prove an officer acted in an unethical manner. Unless a citizen happened to catch police brutality, an officer can make up an story he or she wants. Because of the "code" among police officers, neither will blow the whistle on the other because of retaliation.
  •  11-09-2007, 5:52 PM 7257 in reply to 7152

    Re: Private security vs Police Power

    EaglesFanPhila:
    In your case, the police displayed a multitude of unethical behavior. It is sad to say this, but most of what you said is true. It will always be the arresting officer's word against the suspect, and most of the time people will believe the police. Without video tape, there's no way to prove an officer acted in an unethical manner. Unless a citizen happened to catch police brutality, an officer can make up an story he or she wants. Because of the "code" among police officers, neither will blow the whistle on the other because of retaliation.

    Thank you for saying that, but I don't think most people understand just how devastatingly unjust it can get when police overstep their bounds.

    For me, not only did I suffer the injustice of being brutally attacked by several people who will never be charged for a crime, but I suffered the injustice of being punished for a crime I didn't commit before my day in court and the injustice of being left in debt and permanently harmed for my troubles. Compounding the injustice of it all, the person who was caught on tape commiting the crime I was accused of is going to walk away scott-free.

    So, when police are allowed to overstep their bounds, it's not only an injustice, it's a compounding of injustices.

    This is why any authority granted must always be paired with an effective increase in oversight and accountability.

  •  05-12-2008, 5:38 PM 8070 in reply to 7114

    Re: Private security vs Police Power

    I think the public can do more to protect themselves against the threats we face. We shouldn't only rely on the police to protect us, we need to protect ourselves to a point. It is, however, good to have police back up for when things are out of our league. Mandatory miranda, seems like a technicality to me & I don't like getting too caught up on technicalities. Linda...criminal background check
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