Authority of gated community security?

[Jogah]

Hi everyone,

First I'd like to thank everyone in advance for any help. This isn't an issue in dispte and im not basing any decisions off of it so there is no urgency to responding but I was just curious about something.

My question is regarding the authority of security officers who patrol gated communities. I understand that there are two types of gated communities. One whose roads are maintained by the state and payed through special assessment taxes of the residents and then there are gated communities who maintain their own roads which are payed for through Home Owners Association dues. Communities who pay taxes to the state have their roads patrolled by state police who obviously have the same authority a cop on the highway has. However, my question is about gated communities who maintain their own roads. Since it is private property and state police do not patrol these communities what are security officers legally allowed to do to enforce self imposed road restrictions?

Thanks again in advance for your help.

-J. Kellsby-

 

[CdwJava]

Since you did not post your state, I will make a general reply.

Security officers may take action on crimes they witness or have good cause to believe occurred (as any citizen of the state can), and they may take action as defined in the contract for services they have with the governing authority of the private community.

Do they have the lawful authority to make traffic stops? Not really. Can the community association impose fines for those who fail to stop? They can try.

What, specifically, are the security officers doing?

If you have a problem with the security officers and their activity, then you need to bring this up with your governing body. Perhaps you should consider getting active with the body as well.

- Carl

 

[lwpat]

Many states have what is known as "constables" and security officers often have this designation. This gives them the same authority a regular police officer. A lot are also "off duty" police officers. The answer to your question depends on the specific person and the laws of your state.

 

[CdwJava]

Ah! But even an off-duty peace officer cannot enforce many laws in a private community as many of the laws - particularly those related to traffic - would not apply.

This is one reason why I lived in a gated, private community once ... only once.

- Carl

 

[lwpat]

particularly those related to traffic - would not apply.

This depends on state law. Just because it is a gated community does not give you a "freebie." Even in a gated community the roads can be state/county roads or the state may have a law authorizing enforcement on private property under certain circumstances.

Obey the law, even in a gated community, and you won't have a problem.

 

[Jogah]

Sorry about not posting the state, there was a drop down menu that asked me what state and I assumed it was going to post that information. This is the first time using thelaw.com forums so I do apologize. I am in Williamsburg, Virginia.

DdwJava asked:

What, specifically, are the security officers doing?

And added:

If you have a problem with the security officers and their activity, then you need to bring this up with your governing body. Perhaps you should consider getting active with the body as well.

I've only ever seen them pull people over (presumably for speeding) and heard of issuing fines. One resident claimed they had authority to give tickets now indicating they couldn't before but it didn't believe this hence the inquiry. CdwJava also mentioned, "they could try" to impose fines which again is on par with what I was thinking.

I haven't personally had a run in with the security so I don't really have a problem with what they are doing. However, I often worry about getting pulled over for speeding. Except for one road which is 35 all other roads are 25 and it takes a long time to get anywhere because of the size and layout of the community. So I have a tendency to speed and wanted to know how worried I should be about getting a ticket that affects my license. For now I have been trying my best to go the 25 but I'm sure eventually I'll become lax again and go over.

One more question having to do with what CdwJava said:

Do they have the lawful authority to make traffic stops? Not really.

Again I am in Virginia, but my question if that is true of Virginia is: Even if they don't have authority to stop you I assume they will try and pursue other avenues if you don't stop i.e.
banning you from the premises vie. your license plate number?

Thanks so much for all the responses all ready given.

-J. Kellsby-