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I am a security guard for a state funded rehab center. They

has always be a conflict...
I am a security guard for a state funded rehab center. They has always be a conflict with the staff in regards XXXXX XXXXX a person once they have entered the facility before that person has been admitted or not. We treat substance as well as alcohol abuse. Now my question is are we (security) allow to stop and person from leaving the site even though they came under there own power even if it is against there will? There are too many personal polices that are made up that causes to many problems with the legal aspects of our job .Any information as well as some reference would be helpful, thank you.
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Answered in 5 minutes by:
9/1/2013
Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
Verified

TexLawyer :

Good afternoon. I'll be assisting you with your question.

TexLawyer :

So, I assume from your question that these people are not there at the order of a court, correct?

Customer:

Very few are brought in buy the courts but this rehab is a state funded clinic and 95% of the patients are walk-ins and volunteer to come in under there own power.

TexLawyer :

If they are not there at the direction of a judge with orders to detain them, then no, you cannot physically prevent them from leaving. Doing so would be false imprisonment, which is a civil cause of action, as well as a crime.

TexLawyer :

False Imprisonment – NC Common Law
Class 1 Misdemeanor


1. intentionally and unlawfully
2. restrains or detains a person
3. without the person’s consent.

TexLawyer :

Or, it can even be a felony...

TexLawyer :

Felonious Restraint – N.C.G.S. 14-43.3
Class F Felony


1. unlawfully restrains a person
2. without the person’s consent (or, if the person is under sixteen, without consent of the person’s parent or guardian), and
3. transports the person by motor vehicle or other conveyance from the place of initial restraint.

Customer:

Could you mail me some of the laws in the mail. I do not have or have access to a printer. Do you have any suggestions on the prevention of this border from being violated again. It would be a big help, thank you.

TexLawyer :

I cannot mail you the law, since we are not allowed to have contact outside of this website, but this chat will always be available through your profile, so when you get somewhere you can print, you can do it at any time.

TexLawyer :

As far as suggestions, you can talk to the person, explain the potential concequences of leaving to them, but you will run into trouble the moment you physically restrain them. That could be putting hands on them or locking in.

TexLawyer :

As long as you are not physically restraining them, you should be fine.

Customer:

I need to present to the powers to be at least a copy of this order. Where may I obtain this order? Please keep in mind that these people that seek assistance are not in the right frame of mind at times. But no, we would not be allow to handle them in any way but as far as keeping them in the center against there will is biggest complaint to date with the staff.

TexLawyer :

Obtain what order? A copy of this chat?

Customer:

No the order 14-43.3

Customer:

Thank you very much for your time. It has been very helpful and informative. Good day

TexLawyer :

Glad to help.

TexLawyer :

If there isn't anything else I can do for you, please remember to "Rate" my answer before you go. Good luck!

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4,829
Experience: Experienced in both state and federal court.
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Chris T., JD
Chris T., JD
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Category: Legal
Satisfied Customers: 4,829
4,829 Satisfied Customers
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