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Old 03-08-2012, 10:53 PM   #1
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Top Gun Security pulling over citizens in neighborhood

http://abclocal.go.com/ktrk/story?se...cal&id=8574277

SPRING, TX (KTRK) -- Residents in one Spring community are split over a decision to hire private security officers to patrol their streets. It sounds like a great idea, but residents are also being told they could get pulled over and potentially have to pay a fine to their homeowners association.


The Legends Ranch property owners association recently added a patrol in an effort, they tell us, to get drivers to slow down while driving through the neighborhood and to also stop at stop signs. But some question if the officers on patrol have the authority to pull people over.

Legends Ranch is a gated subdivision near Spring. Those who live here love the quality of life, but hate the speed at which some though drive through their neighborhood.

Ben says from his front yard he regularly watches drivers blow through a stop sign.

He said, "I've seen people running through here at 60 mph sometimes."

The homeowner's association has brought in Top Gun Security and Investigations to patrol and assist homeowners with safety concerns. The HOA has instructed them to enforce traffic, parking and other violations within the community.

Despite appearances, the officer driving the vehicle though is not law enforcement. Top Gun Security tells us the individual is a "DPS commissioned security officer."

"They have a right to patrol. This is private property," said Jeff Moore with Top Gun Security. "That's what people hire security for is to patrol their private property."

A representative with the homeowner's association tells Eyewitness News they are not saying that these officers are officers of the law.

Still some question whether Texas law allows those who are not commissioned peace officers, only commissioned security officers, to pull people over. Even the Department of Public Safety today could not give us a definite answer on this.

"It's not going to go well," said homeowner Darren Toner.

Toner says traffic enforcement should be done only by real lawmen -- actual police officers, sheriff's deputies or constables. Anyone else, he insists, is overstepping their authority.

He said, "They're there as a physical deterrent and that's it."

The homeowner's association says for now the officer will only be issuing warnings. But in the future, the association may implement fines for traffic violations.
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Old 03-08-2012, 10:54 PM   #2
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Is that even legal for them to pull over people?
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Old 03-08-2012, 10:58 PM   #3
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Offhand, I don't see how it is...
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Old 03-08-2012, 11:03 PM   #4
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...imagine it depends if the 'road' is "private" or "public".
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Old 03-08-2012, 11:28 PM   #5
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I'm sure they are public streets
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Old 03-08-2012, 11:36 PM   #6
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Old 03-08-2012, 11:39 PM   #7
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if its truly gated and you have to have a card or sec. officer let you in, they're private roads.

my parents 'hood had security check for every car, but people found out it was public roads and the gaurds were told to cease the stopping of veh. , now if you stop on your own accord, they will write down the license plate and all.
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Old 03-08-2012, 11:46 PM   #8
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They can attempt, but you don't have to stop. If you don't live there, don't stop, flip him off, and keep going.

If you live there and they attempt to ticket you, you can fight it in court and I'd bet win.
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Old 03-08-2012, 11:48 PM   #9
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I want to say, If I recall correctly...the guy in charge of Top Gun is a member here...
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Old 03-08-2012, 11:49 PM   #10
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Old 03-08-2012, 11:50 PM   #11
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wow, i would probably laugh my off if a security guard pulled me over and drive on my way, i doubt he could very well give chance or do anything about it.
"in the name of top gun security, hault!"bwhaha
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Old 03-08-2012, 11:51 PM   #12
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This would be a wet-dream for the pp1 security...
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Old 03-08-2012, 11:56 PM   #13
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as far as I remember, there is no gate leaving so screw them.
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Old 03-09-2012, 12:03 AM   #14
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Quote:
Originally Posted by Jonbones View Post
They can attempt, but you don't have to stop. If you don't live there, don't stop, flip him off, and keep going.

If you live there and they attempt to ticket you, you can fight it in court and I'd bet win.
hoa could impose fines, just like leaving your trash can out or ??
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Old 03-09-2012, 12:20 AM   #15
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Quote:
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hoa could impose fines, just like leaving your trash can out or ??
Have a lawyer go over the HOA contract before you sign it. Most of the time, you can get around a lot of the BS HOA's impose with legal assistance...BEFORE you sign the contract
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Old 03-09-2012, 01:15 AM   #16
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Just run, you are used to that? No?
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Old 03-09-2012, 01:54 AM   #17
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A security officer is a citizen who is hired by a property owner to represent the property owner's interests. This is usually in the form of property protection, but sometimes also is in the form of policy enforcement. It's the same thing as a bouncer tossing you out of a bar if you were being a to the bartender.

Now ask yourself if the bouncer could give you a fine if the bar owner wanted him to?

What would happen if you just refused to answer the neighborhood security guard's questions? Refused to give him your ID? Think that is an offense? It's not.

I don't think there's anything they could do to stop you, pull you over, detain or restrain you unless they have witnessed a felony or a breach of the peace, in which case they can initiate a citizen's arrest. And speeding or rolling a stop sign is neither felony nor breach of the peace. They could make a case for breach of the peace if you were endangering someone else with your antics, but that's a pretty tough thing to prove.

Furthermore, if it IS a private road, then speed limits are not enforceable. Speed limits are set by city ordinance on public roads only, otherwise an officer could go down to the drag strip and write an entire ticket book for everyone doing 200 MPH. A speed limit on a private road is a policy of the private organization, not a law.

Understand that a neighborhood organization CAN take action against someone under their umbrella, but that action is civil, not criminal. If a resident was continuously bringing someone into the neighborhood who was acting a fool, the resident could be held accountable, even fined through the organization. But the act of stopping someone is technically a short duration arrest (remember talking about this before?), and if done by someone who is not a state peace officer, the arrest can only be for a felony or a breach of the peace.
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Old 03-09-2012, 07:33 AM   #18
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It was on the news this morning . they asked a lawyer. He said no it is not legal and he would not urge anyone to stop for them.

http://abclocal.go.com/ktrk/story?se...cal&id=8574277

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Old 03-09-2012, 08:29 AM   #19
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Top flight security of the world Craig!
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Old 03-09-2012, 08:32 AM   #20
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It's great how everyone keeps focusing on the security guards pulling people over.
Never mind the that blow past the stop signs at 60mph.
Guess we'll wait till they hit a kid, someone video tapes them speeding or worse yet, they slam into a motorcyclist. Then we'll all be up in arms about how the HOA should have done something if their homeowners had been complaining about it.

It's not law enforcement, is policy enforcement.
It's not just pulling people over to make money, it's the peace of mind, safety and standard of living the homeowners that live there expect. But what do I know, that's just opposite side of the coin logic.

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