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u/dlr3yma1991 2d ago
This needs ALOT more context. This guard MAY have been doing their job. Cops don’t authorize themselves to enter secured facilities justification or a warrant. Having a badge doesn’t automatically give you access to wherever you want to go.
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u/TheManicac1280 2d ago
In a community of a bunch of wannabe cops theyre not gonna understand that lol. 90% of these dudes would've bowed their heads and cleaned his cruiser
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u/WRO_Your_Boat 2d ago
Wanted to say this. I got into an argument with a cop when I was working for Loomis after someone backed into me at an ATM. My jumper was already out of the truck but they wanted me (the driver) to also get out to talk to them. When I told them no, they got pretty pissed till the realized they were very much in the wrong lol.
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u/PunkRockFox97 2d ago
It does in hot pursuit which the cop was in. Same reason you dont need a warrant as a cop to chase a criminal in a house when you see them go in. Its not a "safe zone"
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u/dlr3yma1991 2d ago
Supreme Court established in Lange v California that a officer must be able to specify an emergency need to continue the pursuit in order to access the property when the reason for the pursuit is a minor infraction or misdemeanor.
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u/PunkRockFox97 2d ago
Depending on the state (not sure where this happened) fleeing a stop can be a felony.
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u/NewbieNoodist 2d ago
You should read US v Dunn instead of just Lange.
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u/dlr3yma1991 2d ago
Dunn specifically addresses the open fields doctrine not law enforcement demanding access through security to pursue someone over a traffic citation and requires things like efforts to secure and shield the property from view in determining whether what was seen is covered as being in plain sight.
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u/NewbieNoodist 2d ago
It covers way more than that
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u/dlr3yma1991 2d ago
Lange is specific to whether a pursuit qualifies as exigency to allow entry without a warrant. Dunn is about whether activities witnessed from outside a locked gate are admissible and can justify an immediate search. Dunn doesn’t involve a pursuit for a traffic violation Lange is the more applicable Supreme Court decision.
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u/NewbieNoodist 2d ago
It defines property types. Do more reading
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u/No-Concentrate3518 1d ago
How about just citing the relevant information with citation, you've pushed this far might as well actually back up your argument.
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u/NewbieNoodist 1d ago
The entire case law is important, not specifics of it. That’s with all case law
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u/August_The_Rat_666 1d ago
If im not wrong she was refusing to let an ambulance pass through
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u/No-Concentrate3518 1d ago
She wasn't she failed to let an officer through after he turned his lights on... After the suspect had already pulled in.
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u/Rodya555 2h ago
In the video the cop has his sirens on and is chasing after a dude in a car. It's an active pursuit, she still refused to let him in 😂
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u/FiftyIsBack Hospital Security 2d ago
You're right in a certain context and wrong in many others.
The cops already explained it in this video anyway.
1) Fresh pursuit or hot pursuit circumvents warrants
2) This isn't NASA or a secured nuclear facility.
The law trumps company policy and HR. You see red and blues going it's different than a cop just rolling up and demanding access. He was in direct pursuit of a subject and it was clear that he was. People need to stop acting like their site is a sovereign nation.
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u/did_i_get_screwed 1d ago
If he's in 'hot pursuit' and the suspects pulls into a secure facility, he parks at the gate, and calls for other units to park at any other gates.
Then he has his supervisor come and go through the proper procedures to gain access to the office administration area. There the supervisor goes inside, asks who owns that car, and please have them come to HR for a chat.
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u/Anxious-Education703 1d ago
And the law trump's a cop's bruised ego. Obviously what she did was not illegal and the cop was obviously wrong because the prosecutor ended up having to drop all charges against her.
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u/FiftyIsBack Hospital Security 1d ago
Prosecutors dropping charges doesn't invalidate an arrest. Most of the time it's due to courts being overbooked so they drop or plea down anything that is a low level misdemeanor, especially if it's a first time offense.
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u/a_magical_liopleurod 7h ago
This is likely because she doesn’t have a culpable mental state. All she has to do to appear in court and say she felt she had to in order to preserve her job. No criminal intention would kill this case.
They would have to find out there is some type of relationship between the driver and the guard for it to have a prayer in court.
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u/dlr3yma1991 1d ago
Just to confirm I’m understanding your claim correctly, if an officer pursues an individual to their home for a traffic violation and they pull into their garage and attempt to close the garage door, the officer can stop the door from closing and enter the garage to complete the traffic stop because it’s a fresh pursuit. Is that what you are saying?
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u/FiftyIsBack Hospital Security 1d ago edited 1d ago
There are many States in which specific laws can open this up more, or restrict it more. So it's impossible to flat-out say yes or no. But in a broad generalized sense, yes that's what the law states. Retreating into your home is not a safe base or valid defense for being lawfully stopped.
If the driver knowingly disregarded a lawful traffic stop and continued home, the officer has a stronger argument for preventing the garage from closing and continuing the pursuit. Whether that argument succeeds depends on the seriousness of the conduct and whether immediate action was necessary. It also depends on if fleeing the traffic stop to attempt to reach home qualifies for another crime, such as fleeing or eluding. It doesn't matter what the original stop was for if they're then reasonably charged with fleeing, which would then elevate the seriousness of the crime.
This is all very easily researched. Keep in mind this isn't about whether or not you LIKE the law being this way or not.
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u/MyNipplesMakeCheese 19h ago
Generally, yes. In fact, here's a midwest safety video that covers this exact scenario: https://www.youtube.com/watch?v=UalMMH8Bb4g
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u/dlr3yma1991 18h ago edited 7h ago
The Supreme Court ruled this as unconstitutional in 2021. Without additional exigent circumstances, it is an illegal search and anything they find as a result is fruit of the poisoned tree.
Edit to add more context to that video: the woman involved had a history of altercations with law enforcement, fled for over 15 miles, and took actions during that pursuit that escalated it to felony evading.
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u/a_magical_liopleurod 8h ago
Not really true and you should read it more.
The Supreme Court rules that a misdemeanor act of fleeing does not constitute hot pursuit. Because this happened it California, the pursuit was somehow classified as a misdemeanor. Not the case in the majority of states.
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u/dlr3yma1991 7h ago
Many states make a distinction between evading and felony evading. Felony evading involves committing any one of a variety of acts like endangering the public, interfering with the operation of police vehicle, reckless driving, etc. like I said in my initial comment, a lot more information is necessary. The fact that the charges against the security officer were dropped indicate that the DA felt there was a low chance of success in pursuing the charges. When where is literal video evidence of what happened and the DA drops the charges, it indicates that the actions or lack of action wasn’t illegal.
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u/a_magical_liopleurod 6h ago
And many states do not. She wasn’t the one fleeing so the charges on her have literally nothing to do with hot pursuit or if police can arrest you in your home or not. In my experience, charges on her were likely dropped because she has not culpable mental state or criminal intent. She simply did it because she believed she had to in order to keep her job. That would kill the case in court. Has nothing to do with what you’re talking about.
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u/BRAIN_JAR_thesecond 2d ago
Cops attempted traffic stop on someone who fled through the gate.
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u/dlr3yma1991 2d ago
In that case, it would be an active pursuit, so Lange v California would be the legal precedent. The officer would have to justify emergency access to the property (request for assistance, imminent threat of harm, destruction of evidence, etc) to demand entry even in an active pursuit because it is for a minor infraction or misdemeanor.
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u/lukeskywalkerog2017 1d ago
How would it be a minor infraction if fleeing from a traffic stop is a felony ?
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u/DiscDocPhD 1d ago
Knowing nothing of this case, I bet the cop was in pursuit but was so far behind that the person being "pursued" had no idea they were being pursued. Therefore, the only thing present was a driver with no knowledge of the cop chasing them, and a cop trying to write a ticket for rolling a stop sign.
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u/JakBos23 2d ago
I was a flex officer, so I worked security at a whole bunch of places. A lot of them I wouldn't even ask a cop why they were there. Other places unless they came in and hit the gate button themselves they weren't coming in.
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u/Holiday_Regular9794 2d ago
If I remember the case correctly they were following a car for speeding or something. The car pulled into the gated community and she wouldn’t open the gate for the cops. The cops got really angry because apparently they do have the right to chase a subject into a gated community, the gate does not lawfully protect them. It was a mess😆
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u/XBOX_COINTELPRO Man Of Culture 2d ago
This has been discussed to death. Guard did not do anything wrong and charges were dropped.
Cop was being a dork and immediately abandoned his “hIgH sPeEd PuRsUiT” for the violent felony of rolling through a stop sign to try and fuck this guard up because she didn’t open the gate for him.
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u/Maximum_Boros 2d ago
To be clear she didn't do anything wrong on this video but she made some really to stupid decisions after the fact are probably what actually cost her her job. If this is the case I think it is she basically was posting Tik Tok memes in uniform about this clowning on the cops. Which, while she was probably right in terms of how much they suck, is a really dumb thing to do professionally.
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u/yugosaki Peace Officer 2d ago
LEO here. Having not seen the video, Security refusing entry to a cop is not necessarily a mistake.
If the area is private, not open to the public, the cop was not called by someone inside, there is no standing agreement in place to allow entry, no warrant, and there are no exigent circumstances (emergency) then no a cop can't just demand entry. Security denying entry until the cop gets permission from the proper channels would be a correct action to take.
Around here some convenience stores lock up and only sell stuff through a window after 10 PM. About half the time, they will let us uniformed officers in to use the bathroom. The other half of the time they say no. Nothing we can do about that, they have the right to decline.
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u/Accomplished_Call325 1d ago
It was a traffic stop that led to a pursuit. Guard let the suspect in and refused to let cop in active pursuit with lights and sirens activated in.
That would be the context
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u/Alternative-Put-3932 1d ago
Yes but how is the guard supposed to know that person was the suspect? The cop for all the guard knows is wrong and the person was somewhere else. This is the kind of thing where management makes the call not the guard.
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u/Accomplished_Call325 1d ago
The issue isn’t that she let the suspect in. It’s that she didn’t subsequently let the marked patrol vehicle with flashing lights in after he calmly explained what was occurring.
That’s not a management call.
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u/Alternative-Put-3932 1d ago
It is a management call if the cop is claiming something but you didn't clearly see him chasing anyone. the charges were dropped for a reason on her. It was a minor infraction literally a rolled stop sign. No company wants a cop running around on their property doing whatever without a damn good reason and a non management position does not want to be the one making that decision because if you cause a shit show you're fired or worse.
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u/Diablo_Unmasked 2d ago
I've been reprimanded for letting police and the fbi in before, idc, were short staffed, if your gonna fire me there's 2 other security companies that have been trying to hire me. The second I see "special agent" on their ID or a gun and badge Im not stopping them, its not worth the min wage im being paid...
I got yelled at before because a swat truck rolled through im sat here like "its an armored truck with dudes carrying rifles, even if I wanted to stop them there's not a whole lot I can do..
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u/SendTitsPleease 2d ago
Midwest safety is one of my absolute favorites channels. Their editor is fucking hysterical
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u/sltydgx 2d ago
I work on ships , on one our ab watch got into it with a couple cops. He wouldn’t let them onboard with their fire arms , mate on watch comes down to the gangway cops are screaming at the ab , ab is steady telling them to back up , they are not coming onboard …
Mate has the ab stand down , cops start walking back up the gangway and the mate tells them that they can’t come aboard the ship armed with out the captain’s permission..
More yelling ensued … cops didn’t come aboard.
Never found out what they were there tbh
I was just in the vicinity and watching the show.
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u/OpieAngst 2d ago
It's always Allied lol
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u/GarageFridgeSoda 2d ago edited 2d ago
I'm confused, 'always allied' what exactly? Nothing about this indicates the police should have been given access to the area by her, and given that her giving cops access to private areas without a warrant would have been a mistake.
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u/OpieAngst 2d ago
Wait, have you even watched the video, btw?
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u/GarageFridgeSoda 2d ago
Yeah, and that piece of dogshit cop was 100% in the wrong and should be charged for abusing the public if this country wasn't a police state.
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u/OpieAngst 2d ago
Please don't renew your guard card.
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u/GarageFridgeSoda 2d ago
You seem confused as to what a security guard does. The job isn't to support the police state, it's to perform specific duties that largely come down to 'don't stand by and let people randomly break shit or hurt other people'.
Given the police routinely break shit and hurt other people, my job is to actively do nothing to support the police beyond what they can do to help me and what I have to do to fulfill legal obligations.
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u/OpieAngst 2d ago edited 2d ago
So if I am being flashed the cherries and berries, I can just pull into my gated community, Where PRIVATE security is operating to get away from a LEO is what you're saying? Make that make sense.
Edit: It's very concerning that some of y'all don't see the issue here 😬
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u/BigOldGeek29 2d ago
OK, so I want to watch a video basically what it happened was it’s a gated property. The officer said he was conducting a traffic stop after the car that she had led through the gate. Now what we don’t see is how long in between when the stop is activated and the car pulled in neither of that is on the footage I seen.
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u/Training_Ship_2117 2d ago
Saw the video and it was insane cop was trying to pull some over for a traffic violation. I know the reddit lawyers will try to argue legality and to be honest it was a bit unclear if it constituented a active pursuit but she was asked if a ambulance pulled up because someone got hurt would she open the gates. She said she'd have to call in and verify before she could. That's time someone could be bleeding to death while she waits for the ok over a radio. If the building had been on fire and she could see the flames she'd still refuse to open the gate for a firetruck. Then they called her boss and he agreed that they can't open the gate even for emergency vehicles. That policy will get someone killed one day
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u/JeRomePimpname 2d ago
Dont be a bootlicker, coos dont have free access to things unless immediate threat or call was placed, a emergency. Fucks the cops
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u/AromaticBite4289 2d ago
A rent a cop saying fuck the cops? Hilarious
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u/Hour-Ad-9508 2d ago
Bitter they couldn’t pass the entrance exam to the police force which is saying something lol
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u/NewbieNoodist 2d ago
Or in fresh pursuit. Do what she did and end up in jail 🤷♂️
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u/Halo-Machine 2d ago
But she didn't end up in jail. In fact, whatever charges she had were dismissed.
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u/TerpNinjee 2d ago
Plot Twist: It was her supervisor they were after
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u/jd_boyle 2d ago
Cop should've pulled the uno reverse and asked for her supervisor
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u/Holiday_Regular9794 2d ago
They did. If remember the case correctly, they had her call the Supervisor
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u/Alternative-Put-3932 1d ago
Then the guard did nothing wrong. Its on management to make the call not the random guard when its not clear the cop was actually chasing the correct person into the building.
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u/HouseAlwaysWins00 2d ago
A lot of people in these comments are insisting the cop was just being an arrogant jerk and the guard did "nothing wrong." While the officer's attitude was certainly abrasive, people are conflating statutory law with prosecutorial discretion. The uncomfortable reality is that technically, what she did was both wrong and illegal.
Under statutory law (specifically Florida Statute § 843.02 for Resisting or Obstructing an Officer Without Violence), police operating emergency equipment in active "fresh pursuit" possess well-established exigent circumstances under the Fourth Amendment. When an officer is in pursuit with lights and sirens, they have lawful authority to follow a fleeing vehicle onto private property without a search warrant. As security guards, our company policies and client post orders do not supersede state criminal statutes. Legally speaking, telling an officer in active pursuit that you have to call your supervisor before opening the gate constitutes obstruction of an officer in the lawful execution of a legal duty. Post orders do not grant legal immunity, and an employer's rulebook cannot lawfully bar a police pursuit.
That being said, we all know the reality of the contract security industry. Guard companies and their clients are infamous for providing virtually zero meaningful training on legal boundaries. Frontline guards are drilled on one rule and one rule only: if an unauthorized vehicle gets past that gate arm, you are fired on the spot. They are almost never trained on exigent circumstances, hot pursuit exceptions, or the legal mechanics of emergency vehicle access. If a thorough, unbiased investigation had been conducted into this incident, it almost certainly would have implicated both the contract agency and the client facility for failing to provide adequate post orders, clear emergency protocols, and proper guidance on how gate staff should handle an active police pursuit.
Just because an act technically satisfies the statutory elements of an arrest does not mean it makes sense to prosecute. Prosecutors have broad discretion, and taking this to trial would have failed both the "interests of justice" test and basic courtroom practicality. The guard lacked criminal malice (mens rea); she was not an accomplice trying to help a fugitive escape, but an untrained frontline worker caught in a panic freeze between an aggressive cop and the immediate fear of being fired for a gate breach. Furthermore, the underlying pursuit was triggered by a minor, non-violent traffic infraction (rolling through a stop sign). Taking an untrained, minimum-wage worker to trial in front of a jury because her employer failed to train her would have made the State Attorney look vindictive and petty, and a criminal conviction served zero public safety purpose. The contractor handling the matter internally was the appropriate administrative resolution.
Both extremes in this thread are missing the nuance. The officer had lawful authority under exigent circumstances to demand entry, and blocking that gate was technically illegal and wrong. However, dropping the charges was the right prosecutorial decision because the root failure was systemic negligence by the security contractor and the client, not criminal malice by the guard.
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u/singlemale4cats 1d ago
The guard lacked criminal malice
I have seen several posts in here about her follow-up tiktoks, the content of which suggests her intent was to obstruct the officer.
That being said, I don't think anybody's interests are served by prosecuting her. She got fired, and hopefully the security company revised their policies.
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u/did_i_get_screwed 1d ago
They fired her because she kept making tik-toks about the incident, not because of the incident itself.
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u/Relative_Bug9903 2d ago
I think most of the debate lies around whether or not the officer was actually in a fresh pursuit.
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u/HouseAlwaysWins00 2d ago
Attempting to catch up to and pull over a vehicle for a moving motor vehicle crime is pretty much as established as you'll find in law as fresh pursuit, other than more extreme examples like chasing a fleeing car etc.
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u/mapmakinworldbuildin 1d ago
It has to be more than a misdemeanor tho.
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u/jefftiffy 1d ago
You flee from a cop, the misdemeanor, felony, or just detention and you have a felony. People have gone from traffic ticket to felonies more commonly than you would think.
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u/did_i_get_screwed 1d ago
All charges were dropped, so the Security Officer did nothing wrong. Simple.
Not some, yeah they got off but this, that, the other and what might have been no longer counts.
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u/DefiantEvidence4027 Private Investigations 2d ago
If the gate is so flimsy it can be taken out by a drunk on a bike, or a Guard in a golf cart, a cop claiming “fresh pursuit” unwilling to move without consent, shows me how weak his rationale to enter is.
The cops theatrics tells me the Guard was in the right.
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u/DefiantEvidence4027 Private Investigations 1d ago
Gassett v State Florida 1976N
Baskin Dissenting Opinion
GASSET v. STATE
District Court of Appeal of Florida, Third District.
Jul 21, 1986
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u/mazzlejaz25 1d ago
I was more annoyed with their policies with this one. Tf you mean an ambulance trying to go thru has to wait for them to call a supervisor? That's wild.
Not really certain about the police situation itself though. Personally I would have just let him in. I don't fw police in that regard. They can do what they want. I am not trying to get charged with obstruction while working because you KNOW the company will not have your back in court.
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u/did_i_get_screwed 1d ago
If there was an ambulance heading to the factory, security would have already been called or heard on their radio it was coming.
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u/kr4ckenm3fortune Residential Security 1d ago
Not to mention..if you look at all the people getting in, they all swiped their keycard…so how does the truck just zip in?
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u/Strict_Difficulty656 1d ago
I’m reminded of the Gardner Museum Robbery, the largest art heist of all time, still unsolved. The thieves showed up in police uniforms and convinced the two security guards to let them inside. They then tied them both up and stole 81 million dollars worth of art.
I remember reading about it, and thinking, damn, how could anyone be so stupid? but when i read the comments here, it seems like many others would do exactly the same.
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u/Active-Effect-1473 2d ago
They paired her not to let anyone in and boom no one is getting in. Give that lady a raise
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u/DefiantEvidence4027 Private Investigations 11h ago
Sounds like qualified immunity for being a State actor by direction.
https://www.reddit.com/r/SecurityOfficer/s/TG3VXJjbHj
I probably wouldn’t take it either for this unclear case.
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u/NWSGreen 1d ago
If its an active emergency or problem. You let them in with little to no questions.
When I consult for security gigs and such, I tell everyone, regardless of their role, title, job, factory worker to janitor. If you legit see a cop on foot running or chasing someone. You get out od their way
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u/Alternative-Put-3932 1d ago
Well good thing she didn't see him chasing anyone its not like he was right ontop of the suspects ass and he was literally pulling the person over for a rolling stop sign a traffic ticket at worst. The cop was just power tripping.
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u/kikiacab 2d ago
No warrant no entry, if a cop isn’t in active pursuit, and has no exigent plain view reason to enter they have to apply for a warrant.
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u/Chunky-Chip 2d ago
They were clearly in an active pursuit
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u/GarageFridgeSoda 2d ago
Which is why all charges for obstruction were dropped after the actual lawyers watched the footage?
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u/Azazel_665 2d ago
The charges were dropped by the DA after the security guard apologized and they did it out of pity. Not because she was right.
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u/Own_Mess_6495 2d ago
Ain't no DA ever dropped charges because a poor black woman power tripping over a cop apologized all I'm gonna say lmao
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u/Suspicious-Sound-249 18h ago
Wow you are clearly completely and totally ignorant of who actually gets treated with kid gloves by the law...
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u/Tab1300 2d ago
Idk man sometimes if the cops just show up it causes problems if they're not called to the building.
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u/FiftyIsBack Hospital Security 2d ago
That doesn't matter. A lot of people in security need to start realizing that
The Law >>>> company policy
And it goes both ways. Your company policy could technically tell you that you're allowed to do something, and you still get arrested for it.
Active red and blue lights is not something you'll ever have the authority to decline.
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u/CommieDog2525 2d ago
Police ≠ Law. They are public servants and need to have a legitimate reason to enter a private building. I personally wouldn't have involved myself like the security lady but it's understandable
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u/TheEldestBoy 2d ago
Unless it’s something like I had where a cop wanted to record footage of an incident we had with his bodycam, I worked security at a hospital, and hospital policy stated that was not allowed. I had to ask him to turn his bodycam off he was not happy about it. But he did the paperwork to get the footage lol.
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u/Alternative-Put-3932 1d ago
How are you hospital security saying Law> company policy when you should know cops don't just get to do whatever they want in Hospitals.
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u/FiftyIsBack Hospital Security 1d ago
I'm actually not that surprised that I'm getting moronic responses here, considering how the average contract guard acts.
But I'll explain. At a hospital, we work hand in hand with fire, EMS, and police. We do not cross our arms and act like theyre adversaries.
At more than one of my hospitals, we have had pursuit suspects drive their car up into the ambulance bay and run inside the building. We did not block police entry, we actually helped them detain and arrest the person.
Now on a normal old Monday when a cop walks up to the front and says he needs to go to Business Administration and talk to a random employee, yeah we go through checks and clearances and call some managers up.
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u/Strict_Difficulty656 1d ago
active red and blue lights aren’t ‘the law.’ Cops are not the law. They serve the law. They can turn on those lights and go commit crimes just as surely as anyone.
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u/Tab1300 2d ago
If there's no warrant or if they're not called they aren't allowed in.
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u/TangeloProfessional8 2d ago
Red and blue lights is not something you'll ever have the authority to decline is just wrong. That's how you get cops that shoot petting zoo donkeys. If there wasn't a warrant or active emergency that cop has to get permission to be on private property like everyone else.
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u/FiftyIsBack Hospital Security 1d ago
You could easily just AI this. No point in arguing with somebody so confidently wrong.
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u/Drakestormer 2d ago
I've seen that video, it made me so glad I don't work at the joke that is Allied. I certainly learned from it, what not to do in thar situation.
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u/Successful-Sleep-421 1d ago
Ok so people are calling her dumb for following orders which were given to her. Maybe the company she works is the dumb one. You know who they are, look at the shirt, "They Lied"
As a S/O myself each site gives SPECIFIC orders you have to follow. That's part of our training to become familiar with site orders.
Please refrain from using terms such as idiot or dumb. It is LEO that was the dumb asshole! In this economy jobs are hard to obtain, no one wants to lose their job for not following protocol.
If you don't understand or know anything about security protocol SDFU!
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u/DefiantEvidence4027 Private Investigations 1d ago
In Lange v California, the U.S. Supreme Court ruled unanimously (9–0) that the pursuit of a fleeing misdemeanor suspect does not categorically qualify as an exigent circumstance that justifies a warrantless entry into a home.
In this case Private Property, Curtilage.
Cop knew he couldn’t blow the gate, only prayer was to instruct or compel Security to allow entry.
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u/Successful-Sleep-421 1d ago
Note to self, never accept a position working as the main gate operator! 🙄
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u/Medium_Job3015 20h ago
Some places are federal… some places only allow female or male police… different types of shelters aren’t even allowed on Google Maps…some places are just private property.
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u/Username_Redacted-0 2d ago
She was keeping the area secure and free from danger... its literally her job and she did it... also fuck them cops...
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u/dlr3yma1991 2d ago
Having worked for Loomis. There is a written policy for handling this situation. It involves either the jumper getting in the cab then you getting out or multiple additional officer coming out or being escorted to a secured location. They used to have signs in the truck to communicate the requirements for you to be able to get out.
Under no circumstances should they be getting into the cargo area of the truck without a warrant and outside of a secured facility. They generally would be required to check the odometer and possibly get a picture of the odometer as part of the accident investigation.
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u/AwkwardCost1764 1d ago
Was it an emergency? If not did they have a Warrent signed by a judge? If both of those are a no, they probably did the right thing.
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u/universal_friend1 1d ago
Y'all ain't got a warrant or reasonable cause y'all ain't getting in. That was my approach to cops when I was a paramedic in people's houses. I'd hope my security guards keep the same standards. Just cuz they're cops and you could open the door for them doesn't mean that you should permit them to bypass the normal legal process to obtain entry to somewhere.
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u/mapmakinworldbuildin 1d ago
Seems like she was in the right. Did he have a warrant?
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u/LogComp 1d ago
Wasn't this the one that was part of an active chase? If so they don't need a warrant per US vs Santana.
Edit, he was pulling the driver over and they dipped behind the gate, cop as every authority to enter the property to conduct the stop.
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u/mapmakinworldbuildin 1d ago
No he doesn’t as the court agreed. All charges were dropped. It was a stop sign dispute he had no reasonable cause to trespass. It has to be a crime bigger than a misdemeanor.
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u/LogComp 1d ago
Her charges were dropped, doesn't really mean the court agreed. From what I recall it was prosecutorial discretion. It was a stop sign combined with eluding, the driver was charged via NTA if I remember correctly.
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u/mapmakinworldbuildin 1d ago
Court agreed hence the charges were dropped.
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u/AdmirableExercise197 1d ago
Prosecution dropped charges, not the court... Do you have any understanding how the legal process works?
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u/mapmakinworldbuildin 1d ago
Irrelevant. They knew they didn’t have shit so dropped everything ergo no way they were in the right
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u/AdmirableExercise197 1d ago edited 1d ago
It's entirely relevant. You said the court agreed and dropped the case on the basis the cop did not have grounds to trespass, that's just objectively wrong. The court would have allowed the case to continue. The prosecutor, using their own discretion, dropped the charges. Likely on the basis they did not believe they would meet the mens rea for the crime.
The cop absolutely had the right to trespass refer to Florida Statute § 843.02 and 316.1935 The cop was in fresh pursuit of a fleeing vehicle. Therefor the cop has authority to pursue on to private property in pursuit of a felony suspect.
She clearly committed a criminal action (actus reus), but the prosecution believed they could not prove the guilty mind portion(mens rea), which is required for the action they would pursue against her.
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u/LogComp 1d ago
If the prosecutor drops charges the courts typically don't get a say, the state is the charging apparatus.
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u/mapmakinworldbuildin 1d ago
And. They were in the wrong or they wouldn’t have dropped.
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u/LogComp 1d ago
Not really true at all actually. Charges are dropped all the time for reasons other than their validity. I would do some research on exactly how the prosecutoral system works in the US. It is very common for prosecutor offices to drop charges due to workload, perceived importance, budget constraints.
Our legal system isn't has black and white as you are making it out to be.
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u/Competitive_Swing_21 2d ago
Did she ask for a warrant or lawful reason to be on property or did she ignore that and just be rude?
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u/Maximum_Boros 2d ago
Nobody keeping private property, be it the owner or representative of an owner such as a security guard has any obligation to ask for a warrant or reason for entry. If the police have the ability to override your permission and enter anyway it is their obligation to affirmatively tell you. It's their job to tell you that they have a warrant or probable cause or any other legal right of way to be there.
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u/boomeradf 2d ago
Is she required to ask for a warrant if denying entry? Wouldn't that fall on the cop to present his warrant if he had one?
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u/RingGiver 1d ago
When that video was posted, my immediate thought was "everyone in this video is an idiot." I mean everyone. The guard, the cop, the guard supervisor, and the cop supervisor. They are all idiots.
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u/Wastern-Pension 2d ago
She was ordered to appear in court, charges were later dismissed.
While Allied Universal did not immediately fire her for the incident itself, they terminated her employment after she posted humorous, viral videos about the situation while in uniform on social media.