Monday 2 March 2015

A little-known Virginia law is letting citizens start their own police force, carry a badge and arrest people

He is its chief and sole officer.
He is a force of one.
And he is not alone. Like more and more Virginians, Youlen gained his police powers using a little-known provision of state law that allows private citizens to petition the courts for the authority to carry a gun, display a badge and make arrests. The number of “special conservators of the peace” — or SCOPs, as they are known — has doubled in Virginia over the past decade to roughly 750, according to state records.
The growth is mirrored nationally in the ranks of private police, who increasingly patrol corporate campuses, neighborhoods and museums as the demand for private security has increased and police services have been cut in some places.
The trend has raised concerns in Virginia and elsewhere, because these armed officers often receive a small fraction of the training and oversight of their municipal counterparts. Arrests of private police officers and incidents involving SCOPs overstepping their authority have also raised concerns.
The Virginia legislature approved a bill Friday increasing the training and regulation of SCOPs. The private officers would now be required to train for 130 hours, up from 40 hours — less than the state requires for nail technicians, auctioneers and security guards.
In neighboring Washington, a similar designation called “special police” requires 40 hours of training. Maryland officials leave instruction to the discretion of employers but have no requirements. Other states have similar systems.
“There are a number of groups we regulate far more stringently than SCOPs carrying a gun,” said Virginia Secretary of Public Safety Brian Moran, speaking prior to the passage of the bill.
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The conservator of the peace concept predates modern policing.
It has its origins in English common law, and the first Virginia statute was enacted in 1860 to allow proprietors of “watering places” to protect their establishments.
The designation still retains some of that informality. No authority regulates the conduct of SCOPs or addresses complaints against them, although a court can revoke their commissions. The state does not track the number of arrests they make or citations they issue.
Most SCOPs patrol corporate campuses, work for neighborhood associations or perform code enforcement for counties or cities, but Youlen has pushed the model further by creating his own “department” and turning policing into an enterprise. He contracts his services to nine apartment and housing communities in the Manassas area. That’s up from one in 2012.
SCOPs are free to call themselves “police” in Virginia, although the new bill would require court approval. Youlen recently dropped “police department” from the name of his operation, anticipating that lawmakers would restrict use of the term. It is now called Manassas Junction LLC.

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