Authority to Arrest & Detain
Under Texas Code of Criminal Procedure, Article 14.01,
security officers may detain or arrest
This is not a citizen’s arrest. The State of Texas does not have a "Citizen’s Arrest" statute.
Breach of the Peace – Defined
A breach of the peace includes, but is not limited to, the following offenses:
- Disorderly Conduct (Texas Penal Code § 42.01)
- Deadly Conduct (Texas Penal Code § 22.05)
- Unlawful Carrying of a Weapon (Texas Penal Code § 46.02)
- Criminal Trespass (Texas Penal Code § 30.05)
- Robbery (Texas Penal Code § 29.02)
- Aggravated Assault (Texas Penal Code § 22.02)
- Public Intoxication (Texas Penal Code § 49.02)
Security officers are empowered to act within the scope of the law and have discretion in deciding whether to detain or arrest based on observed offenses.
Legal Restrictions on Off-Duty Police Officers in Texas
Fourth Amendment & Probable Cause
The Fourth Amendment of the U.S. Constitution requires probable cause for an arrest, whether a law enforcement officer is on-duty or off-duty. Probable cause is the legal standard requiring sufficient facts and evidence to believe a crime has been committed.
A private business cannot grant an off-duty police officer the authority to violate constitutional protections. Enforcing private property rules outside of legal authority may constitute a criminal offense under Texas Penal Code § 39.03 – Official Oppression.
Criminal Offense: Official Oppression (Texas Penal Code § 39.03)
An off-duty police officer violates the law if they use their law enforcement status to enforce private property rules outside their legal authority. Official Oppression occurs when a public servant, acting under color of their office, intentionally:
- Subjects another to unlawful detention, arrest, search, or seizure
- Denies or impedes another’s rights knowing their actions are unlawful
- Engages in sexual harassment under color of their authority
This is a Class A misdemeanor in Texas, punishable by up to one year in jail and/or a $4,000 fine.
Some Off-Duty Officers Wear Police Uniforms Without an Agency Name
🚨 Why This Matters:
- This can mislead the public into believing they are acting in an official capacity.
- The lack of an agency name prevents individuals from verifying their actual law enforcement jurisdiction.
- Some off-duty officers use this to falsely imply they have greater authority than legally allowed when enforcing private property rules.
Key Legal Restrictions for Off-Duty Police Officers in Texas
✅ Have no legal authority without probable cause.
✅ Cannot act as an agent of a private business, even with written consent.
✅ Cannot enforce private property rules unless a crime is being committed.
✅ Cannot issue trespass warnings on behalf of a private business unless authorized by law.
✅ Cannot enforce "city" trespass affidavits on private property.
✅ Cannot enforce private "No Trespassing" signs unless a trespass crime is committed.
✅ Cannot detain or stop individuals without probable cause (Texas Code of Criminal Procedure Article 38.23 – Exclusionary Rule).
✅ Cannot access police databases for personal or off-duty use (Texas Penal Code § 39.06 – Misuse of Official Information).
Criminal Trespass (Texas Penal Code § 30.05)
Police officers do not have the legal authority to enforce trespassing laws on behalf of a business unless a crime is committed. Only the property owner or their designated agent can issue a trespass warning. A business must follow proper procedures to establish lawful trespass enforcement.
Liability & Insurance Considerations forSecurity Companies & Businesses
Security Companies – Legal Liability & Insurance
Licensed security companies in Texas are required by law to maintain insurance and assume liability for their security officers’ actions while on duty.
According to Texas Occupations Code § 1702.124, security companies must:
- Carry General Liability Insurance covering bodily injury and property damage
- Maintain Worker’s Compensation Insurance for employees
- Provide bonding coverage for licensed officers when applicable
If a security officer wrongfully detains, arrests, or uses force improperly, the security company assumes liability for damages, lawsuits, or civil claims.
Off-Duty Police Officers & Business Liability Risks
While licensed security companies carry insurance to cover legal claims, off-duty police officers do not have this protection when working private security.
Key risks for businesses hiring off-duty officers:
- No security liability insurance coverage – Most off-duty officers are not insured for security-related incidents.
- Civil lawsuits for wrongful detention or force – The business assumes full legal liability if an off-duty officer violates a person’s rights.
- No protection under qualified immunity – Qualified immunity only protects the officer, not the business hiring them.
- Potential federal civil rights violations – Businesses can be sued under 42 U.S.C. § 1983 for hiring off-duty officers who engage in unlawful detentions, excessive force, or discrimination.
Security vs. Off-Duty Police: Legal Comparison
| Factor | Licensed Security Officers | Off-Duty Police Officers |
|---|---|---|
| State License Required | ✅ Yes (Texas DPS PSB) | ❌ No security license |
| Insurance Coverage | ✅ Yes (Security company carries liability) | ❌ No private security insurance |
| Authority to Detain/Arrest | ✅ Yes (For crimes in presence/breach of peace) | ✅ Yes (If enforcing the law, not private rules) |
| Authority to Enforce Private Property Rules | ✅ Yes (With proper authorization) | ❌ No (Cannot enforce private rules) |
| Legal Risk to Business | 🔹 Minimal (Covered by security company insurance) | 🔺 High (Business assumes liability) |
Key Takeaways
🔹 Security officers in Texas can detain or arrest for felonies and breach of peace misdemeanors.
🔹 This is not a citizen’s arrest—security officers have statutory authority under Texas law.
🔹 Licensed security companies carry insurance and assume liability for security officers' actions.
🔹 Some off-duty police officers wear uniforms without agency names, misleading the public about their authority.
🔹 Off-duty police officers cannot enforce private property rules outside of the law.
🔹 Businesses assume full liability for legal violations by off-duty officers they employ.
Best Practices for Businesses Hiring Security
✅ Hire licensed security officers through a properly insured security company.
✅ Avoid hiring off-duty police officers unless they are acting strictly within legal law enforcement authority.
✅ Ensure proper contracts & legal agreements for security services.
✅ Consult with legal professionals to mitigate liability risks.
Understanding these laws is critical to protecting legal rights, minimizing liability, and ensuring compliance with Texas law.
Mr. Traylor
P.S. I want to thank James Fowler
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