Skateboarders

http://www.liveleak.com/view?i=b11_1266552992

Man, where the heck was their back up? There has to be more than 2 Security Officers working at the mall...

A little handcuff and control training could have gone a long way...

They started out good after the pause in the video when they where already arresting him good verbal to stop resisting but as time when on the slacked and started to lose conrol of them selves and the situation. as shea said "A little handcuff and control training could have gone a long way... " which is weird because CF is usually on top of training

"Cadillac Fairview" Security, you with the skateboard i wish to talk to you, yes you ! drop the skateboard stand on the side, you will get your skateboard back, do you have any identification? no? what is your name, ok here is what is going to happen, CCTV camera is presently recording our activity right now, listen, i hear you but this is private property. Well two things can happen, you may be arrested and be paraded with Barrie Police or you can listen to me and take a warning. Let me educate you on our activities that is prohibited on the mall, skateboarding is not allowed on the mall property, that is anywhere due to liability issues and it is unsafe for you, visitors and other people coming and egressing to the mall, This is not a valid skateboard park. I am cautioning you for your prohibited activity and giving you ample time to leave the property. the boundaries are such and such...if you are found on property again without a valid reason you may be arrested under the trespass to property act. do you understand? good, the exit is that way, make you way over there and have a good day...(this is my just my 2 cents for a minor TPA issue before arresting their sorry butt)...

Dealing with a couple of mouthy kids in a public place, I feel they handled themselves quite professionally. They maintained their composure in the face of taunts and a suspect refusing to comply. We don't see what happened between being asked to leave and the arrest of one of the suspects so it is impossible to say whether they over-reacted. Judging from the responses of both suspects I would be inclined to believe that they pushed their luck after multiple warnings and the guards finally reacted by placing them into custody and notifying police.

I think they did a good job. Knowing that they were being video taped they did OK. Quicker control would have been better but how sometimes things go bad.

They were fully within their rights to make the arrest, but I think they may have jumped the gun alittle. I base that on the part of the video when the Officer tells them they may be arrested, and the skater says, I'd like to see you try." The officer said "ok", and turned to his partner. The kid was challenging his authority, so the Officer decided to prove himself. I think they thought it was going to be a cake walk, hooking up this kid. Those are usually the ones that don't go so smoothly.

Originally Posted by lawdog

They were fully within their rights to make the arrest, but I think they may have jumped the gun alittle. I base that on the part of the video when the Officer tells them they may be arrested, and the skater says, I'd like to see you try." The officer said "ok", and turned to his partner. The kid was challenging his authority, so the Officer decided to prove himself. I think they thought it was going to be a cake walk, hooking up this kid. Those are usually the ones that don't go so smoothly.

Yep, if there is any fall out I dont think it will go in their favour, they told them to leave and they started to leave. They were then arrested so here are a few things that spring to mind.

1. The male with the skate board was leaving ( i dont think it was him who challenged the guard, not that it matters anyway), so he was complying with the instruction given to him by the lawful authority.

2. The guard that arrested the skate boader had NO authority to arrest the guy because he was complying with the instruction to leave the property, regardless of how much lip the kid was throwing at him

3. Since the guard had no authority to arrest under those circumstances he committed assault when he moved to take control. The kid had every legal right to resist that assualt (wether he knew it or not)

4. Its all on camera!

Now lets assume that the guard had grounds to arrest.

1. The communictions of teh guard to subject was great!

2. The force used by the guard to control was reasonable under the circumstances (the kid was not assaultive according to the video i saw)

3. Go back to the case law Asantee Mensah, the judge ruled that force used during a trespass arrest must be relevant to trespass.

4. It was on camera

Would this situation require Use of Force report to be completed and forwarded to the Ministry? Area of confusion as to when the report must be filed. As I understand, private in house do not have to file report. My company does outside pub duty at a college and I wonder if we must file report when handling drunks and/or ejected persons? Would the company doing bouncing duty inside pub need to file? If you "manhandle" someone out the door is that Use of Force? Does this change dynamic for guards outside who now have responsiblitiy for ejected person? What consitutes/is Use of Force training? Does having instructor review the Use of Force chart mean I am trained?