Differences in Security [Texas]

Per Texas Law, a security officer is authorized to detain and / or arrest for offenses committed within their presence or view for both felonies and misdemeanors considered a breach of peace, which is every crime against another.  

This is not a citizen's arrest. There is no "Citizens Arrest" statute in the State of Texas.

Common examples of a breach of peace are disorderly conduct, deadly conduct, unlawful carrying of a weapon, trespassing, robbery, etc.., essentially every criminal offense in Texas.

It's at the discretion of the security officer to decide on the offense they are detaining or arresting on.

Just because a security officer has arrest authority does not mean they have the experience to detain or make an arrest. We at Houston Metro Security are mostly former law enforcement officers that  have arrest and detention experience. Experience Matters to ensure the right decisions are made.

Houston Metro Security Officers are licensed to deter, detain, and / or arrest when an incident warrants. A citizen cannot do that, that requires a security license.

Houston Metro Security Officers are highly trained and experienced in high crime areas and properties. Houston Metro Security Officers have made hundreds of arrests, identified hundreds of violent felons, confiscated hundreds of guns off suspects, and much more - since 2005.

Houston Metro Security:

- Has security training and experience coupled with their prior law enforcement experience.

- Can enforce private property rules.

- Can issue Trespass Warnings on behalf of the client

- Can enforce our Houston Metro Security Trespass affidavits. The affidavits have legal authority.

- Can enforce "No Trespassing" Signs

- Can stop and search without probable cause and detain / arrest a person on criminal offenses.

- and much more..

The issue with the discount security companies is that they charge low rates to compensate for their lack of experience which not only endangers the security officer's safety but also exposes the client to lawsuits. Experience deters suspects, not tough looking security officers. In Security, you can't play the part, you have to know the part.

[The 4th Amendment of the U.S. Constitution requires police officers to have probable cause. This does not change when they are off-duty. A private business cannot authorize a police officer to violate another person's civil rights, which would occur when an off-duty police officer is enforcing the private property or "house rules" for that business. It is also a criminal offense in the State of Texas (Official Oppression) if a police officer enforces private property rules. An off-duty police officer legally can only enforce the law - nothing else. This doesn't change due to them being directly paid by the private business.]

Rule of Thumb: The legal restrictions that apply to police officers on-duty, applies off-duty.

In Texas, off-duty police officers:

- Are NOT licensed or insured to provide security.

- Have no legal authority without probable cause. 

- Legally cannot act as an agent of a private business, even with written consent from the business owner.

- Legally cannot enforce private property rules.

- Legally cannot issue trespass warnings on private property on behalf of the business, even with written consent from the business owner.

- Legally cannot enforce "city" trespass affidavits since the affidavits have no legal authority on private property (CLICK HERE FOR MORE INFORMATION).

- Cannot enforce private property "No Trespassing" Signs.

- Cannot stop or detain a person on private property without probable cause.

- Legally cannot access their police databases for their personal or off-duty use. 

- and many more restrictions to name here..

Police Officers have qualified immunity, which is not an insurance policy. Generally, qualified immunity only protects the officer when they take an action in good faith making them immune from civil liability - not the client. The client assumes all liability on behalf of the off-duty police officer in the event they are sued.

This is nothing personal against police officers, but a client should know their rights when selecting their security provider just like they would do with any other vendor.

LEGAL DISCLAIMER: CONSULT WITH YOUR ATTORNEY FOR LEGAL ADVICE.. NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS LEGAL ADVICE. THE INFORMATION PUBLISHED IS BASED ON CONSULTATIONS WITH OUR ATTORNEYS AND OUR EXTENSIVE EXPERIENCE IN BOTH THE LAW ENFORCEMENT PROFESSION AND SECURITY INDUSTRY.