Robert C. Smith of Nightlife Security Consultants shares the definition and value of performing a citizen’s arrest and why clubs can worry less about legal ramifications.
I enjoy talking to and educating people on scary topics. The topic of citizens’ arrest or detention is, by far, one of the most feared and misunderstood subjects I deal with. So many club owners and managers are misinformed and often fail to recognize its value in reducing incidents of violence and minimizing civil litigation.
My first experience with a citizen’s arrest came in 1991 when I was a rookie police officer. I was on duty with a knowledgeable training officer (TO) when we received a radio call to assist three construction workers who had a man sitting on the curb with his hands and feet tied. He wasn’t injured or hurt in any way, but this seemed strange to me and potentially illegal —just having some guy tied up on the sidewalk. My TO asked me to handle the incident while he observed. After 10 minutes of me asking all the wrong questions, he stepped in and took over.
He got right to the point and asked four or five simple questions. Then he stood the suspect up, handcuffed him and told me to begin collecting information from the victim and witnesses for the report. The victim signed the misdemeanor arrest complaint and we, the officers, then took legal possession of the suspect and transported him to jail.
After that incident, my TO told me to do more research on citizen’s arrest and be ready to handle it correctly the next time. I spent the day diving into California Penal Code Section 837, learning what my TO already knew: Citizen’s arrest or detention, when done correctly, is a valuable tool for individuals, law enforcement officials and the community at large. For the past 27 years, I’ve taught every client I’ve worked with about citizens’ arrest, but I don’t give their team members generic information. Instead—just like I did as a rookie cop—I research each state’s law or common law practices to ensure I provide accurate and up-to-date information on citizens’ arrest in their area.
Let me give you a safe, straightforward overview of this often-confusing rule. First, realize this: If you’ve worked in a club for more than 10 days, you’ve probably witnessed or conducted a citizen’s arrest. Have you ever stepped in when a guest was fighting or posturing to fight, held them in a simple bear hug and walked them out the door? If so, you arrested that guest. Anyone who tells you otherwise is simply wrong.
The word “arrest” does not mean “go to jail.” It simply means “to stop.” Think about what cardiac arrest means. A stopped heart has nothing to do with jail or police, right? So, when you bear-hugged that guest, you stopped them. They could not proceed with whatever they were doing. You arrested them. And in 95% of those situations, nobody goes to jail and the police aren’t even needed. The guest is simply allowed to leave.
My explanation may sound simple, because it really is that straightforward. Many club owners and managers have been told that if a security host holds a guest against their will, they could get arrested for false imprisonment or even kidnapping. Again, whoever said that is wrong.
I once heard a police officer tell a club security host he could be arrested for kidnapping if the guest wanted to press charges. I didn’t embarrass the officer, but after he left, I showed the security host the actual state statute for kidnapping. Sure enough, the officer was wrong. The problem is, this kind of misinformation spreads like a bad game of telephone. Before long, security hosts start thinking they can’t use the bear hug technique on fighting guests without risking arrest for kidnapping.
Some of you reading this are probably thinking, “No way am I letting my guards make arrests.” If that’s your stance, then tell me: How do you expect them to break up a fight? And don’t say “That’s different,” because it isn’t. Whether it’s a bear hug, an arm bar or picking someone up and carrying them out, it’s all the same thing: citizen’s arrest.
Here’s the real problem I see weekly as I examine fights in clubs or review civil litigation cases: The club staff had the opportunity to grab and hold a disruptive or violent guest, and for whatever reason, they didn’t. That guest then injured another patron, and now the club is facing a lawsuit. Or, the guest injured an employee, and in response, other employees used excessive force. Now the club faces a different civil lawsuit.
In both of those preventable civil cases, during depositions, the following question will come up: “If the host had legally detained the violent guest, could the injury to my client have been avoided?”
The answer is always yes, and the club is screwed. Think about this final point: The only time a security host or club will get into serious legal trouble is when excessive force is used during a lawful citizen’s arrest or detention. That’s it. That’s the risk. Now think about how many times your team or security hosts have stopped, held and walked an angry or fighting guest out of the club. If they don’t slam the person to the ground, give them an extra push or throw a punch, there’s no risk of legal repercussions.
Robert C. Smith is the President and CEO of Nightlife Security Consultants (NSC), Inc. His company has trained over 10,000 hospitality employees and worked with over 1,500 alcohol service venues nationwide. The unique training created and offered by NSC covers the topics such as conflict resolution, legal use of force, premise liability, recognition of bad ID, active shooter awareness and more. Based on his successful training solutions, Smith has been called upon to provide expert guidance for attorneys, insurance companies, law enforcement officials and industry trade associations surrounding areas of liquor and premise liability. For more information, visit www.nightlifesecurity.com or email rsmith@nightlifesecurity.com.
