My question involves criminal law for the state of: CO
Based on my research, there seems to be a common notion that a security guard can eject an unwanted patron that has been told to leave but is not doing so fast enough, by using only the minimum necessary amount of physical force needed to accomplish the task.
However, if a police officer does the same thing (use force, like grabbing an arm for instance) is that not already considered an arrest?
Put another way, do police have the luxury of deciding to forgo an arrest but still be able to use physical force to "escort" a patron out, if they just want the patron removed, or do they only get to pick between either following a patron out who is leaving on their own accord, or physically hauling out a fully arrested patron who has refused to leave.
It seems to me that the physical hauling out of a non-arrested individual would be tantamount to false imprisonment and kidnapping.
Thanks for reading and being able to provide any insight on the subject if you happen to have any!
Based on my research, there seems to be a common notion that a security guard can eject an unwanted patron that has been told to leave but is not doing so fast enough, by using only the minimum necessary amount of physical force needed to accomplish the task.
However, if a police officer does the same thing (use force, like grabbing an arm for instance) is that not already considered an arrest?
Put another way, do police have the luxury of deciding to forgo an arrest but still be able to use physical force to "escort" a patron out, if they just want the patron removed, or do they only get to pick between either following a patron out who is leaving on their own accord, or physically hauling out a fully arrested patron who has refused to leave.
It seems to me that the physical hauling out of a non-arrested individual would be tantamount to false imprisonment and kidnapping.
Thanks for reading and being able to provide any insight on the subject if you happen to have any!
Can Police Physically Escort an Unwanted Patron Without It Being Considered an Arrest
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