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Powers to Arrest

Powers to Arrest

In compliance with the state of California requirement for new security officer training, the following material meets the mandatory criteria as stated in AB2880.

Thomas Barton

December 22, 2012

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  1. State of California Private Security Training

  2. Powers to Arrest Department of Consumer Affairs Bureau of Security

    and Investigative Services February 2002
  3. Responsibilities of a Security Guard As a registered Security Guard

    you: • Are required to possess either a valid guard registration, or the temporary registration issued by the Bureau while on duty. • May not carry a firearm without a firearm permit issued by the Bureau. May not carry a firearm if guard registration is not current. May not carry a firearm with a temporary guard registration. • May not carry a baton without a permit issued by the Bureau. May not carry a baton if guard registration is not current, or with a temporary registration. • Must notify the Bureau of a change of address within 30 days or be subject to a administrative fine.
  4. Responsibilities of a Security Guard • Roles & Responsibilities •

    Relations with Police • Observation & Reports • Authority to Question • Basis for Decisions • Inspections • Legal Responsibilities • Liabilities • Factors to consider • Arrestable Offenses • Private Persons Arrest • Making an Arrest • Searching the suspect • Merchants Privilege Search • After the Arrest • Terrorism • Ethics & Professional conduct Course Outline During this course we will discuss: Final Examination
  5. Part A The Role and Responsibilities

  6. Role & Responsibilities A Security Guard isn’t a Peace Officer.

    They do not have the same: •Duties • Training •Powers according to Law Any person found guilty of impersonating a peace officer can be punished by fine or a sentence in County Jail and have registration revoked
  7. Role & Responsibilities The Security Guards ROLE is: • To

    PROTECT people & property of the employer & contracted clients. • To PREVENT an incident / offense before it has occurred. • To OBSERVE & REPORT an incident / offense during or after it has occurred.
  8. Role & Responsibilities The Security Guards who performs well Is

    highly visible, resulting in prevention by: • Being alert • Listening • Watchful Is responsive if an incident occurs, and: • Stays calm • Observes & remembers the events • Reports to police & supervisor The lack of incidents reflects a security officer performing well
  9. Role & Responsibilities The Security Guards RESPONSIBILITY The Security Guards

    Job: Assigned to protect SPECIFIC people & property. Detect the same offenses require police response. Be aware of diversions from duties. The Peace Officers Job: Protect ALL people & ALL property Enforce the law & preserve the public peace. Are required to pursue and apprehend.
  10. Role & Responsibilities The Security Guards other Duties Maintain certain

    company or client rules including:  Requiring ID badge display  Inspection of property  Monitoring safety standards  Reporting hazards Get Help (Robbery, Burglary, Assault with a deadly weapon) For any serious offense call for Police immediately
  11. A. The Responsibilities of a Security Guard Checkup Questions No.

  12. Part B Relations with local Police

  13. Relations with Local Police • Never Play “cop” • Have

    neither the training nor authority • Will hurt relationship with police • Do not mislead People • Your uniform may portray the wrong idea • Use every opportunity to clarify it • Do not interfere • During an emergency response • Subject to arrest
  14. B. Relations with the Local Police Checkup Questions No. 2

  15. Part C Observation & Report writing

  16. Observation & Report Writing STOP LOOK LISTEN • A guard

    is a paid observer • After an offense your responsibility is to OBSERVE & REPORT FACT What actually happened, known to be true CONCLUSION A judgment or an opinion formed from facts
  17. Observation & Report Writing Peace officers and your employer are

    only interested in the FACTS. For example: FACT: As I came around the corner, I saw two men kneeling at the door. One was holding a crowbar. The door had markings on it. CONCLUSION: The men are burglars
  18. Observation & Report Writing FACTS • A man was walking

    inside of a fenced area, looking at the loading dock. • A young man was weaving back & forth and almost fell down twice in the two minutes I observed him. • A woman got into a car and tried to start it CONCLUSIONS • A man was wandering around looking for something to steal • He was drunk, and couldn’t even walk right. • She tried to steal the car
  19. Observation & Report Writing Practice makes perfect to become a

    good observer: When writing a report remember to include: • WHO • WHAT • WHERE • WHEN • HOW • NAMES OF WITNESSES
  20. C. Observation and Report Writing Checkup Questions No.3

  21. Part D Authority to Question and a Basis for Making

  22. Authority to Question • An agent of the property owner

    • May exercise right to ask questions of people:  Who they are  What they are doing  Why they are there • Refusal to answer & the guard can request they leave the property. • Refusal to leave, may allow for an arrest for trespassing & notifying the police immediately. • May prevent unauthorized entry (standing in way)
  23. Authority to Question Rights of the Property Owner • May

    establish rules and policies on the property that are not part of the Penal Code. • The security officer must know what the rules and policies state. • Enforcement could result in a separate violation of Public Law by you or the property owner. Follow employer guidelines for how to handle all client violations lawfully.
  24. Authority to Question A basis for making decisions Constantly being

    aware of ones surroundings is the “nature” of all security work. 3 FACTORS to consider in “reasonable & timely” decisions are: 1. FACTS: ALL QUESTIONS ANSWERED 2. LAW: CITY, STATE, FEDERAL 3. POLICY: OF EMPLOYER, CLIENT, OWNER
  25. D. Authority to question Checkup Questions No. 4

  26. Part E Inspections

  27. Inspections Employer may enlist your assistance to conduct an INSPECTION.

    • Involves visually looking into: – Cars – Lunch pails, purses – Tote bags, briefcases, boxes • Looking for unauthorized property removal • It is NOT A SEARCH, & always conducted with the persons cooperation • NEVER TOUCH THE PERSON OR THEIR PROPERTY.
  28. Inspections NEVER TOUCH • If contents can’t be seen, ask

    the person to open it or move obstructions. • If an item is handed to you, politely refuse. • If the person refuses cooperation: – Record all information of the incident and the person involved – Report in writing to the client & your employer
  29. E. Inspections Checkup Questions No. 5

  30. Part F Legal Responsibilities and Liabilities

  31. Legal Responsibilities & Liabilities Poor judgement can lead to legal

    problems for officer, employer and client. CRIMINAL LIABILITIES Who can make an arrest? Authority is given to ALL private persons. What is an arrest? A form of LAWFUL control by one person over the actions or movements of another. Can be made by either a peace officer or a private person.
  32. Legal Responsibilities & Liabilities What is criminal liability? The potential

    for punishment as a result of violating a criminal law. Possible acts in which a security guard can be held criminally liable: • Intimidation • Excessive physical force • Use of unauthorized deadly weapons • Unlawful use of defensive weapons • False arrest
  33. Legal Responsibilities & Liabilities • Intimidation Threatening physical harm or

    frightening some one to cooperate or confess to a crime • Excessive physical force The law allows only the use of physical force which is reasonable or necessary to restrain someone that is resisting. More than the law allows is stated to be “excessive force”, & can result in criminal and civil liability.
  34. Legal Responsibilities & Liabilities • Use of unauthorized deadly weapons:

    Being registered as a security guard DOES NOT ALONE permit use of some weapons ( knives, brass knuckles, or sawed off shotgun). • Unlawful use of defensive weapons: Unless authorized by the Bureau of Security and Investigative Services (BSIS) security guards may not carry handguns or batons. Use requires Bureau-recognized training & permits
  35. Legal Responsibilities & Liabilities False Arrest • Misdemeanor May be

    found criminally liable if the arrest is made and the offense was not observed in the arresting party’s presence. • Felony May be found criminally liable if the arrest is made or caused to be made and the arresting party does not have “reasonable cause” to believe the person committed the offense.
  36. Legal Responsibilities & Liabilities Civil Liability PARTY: Legal term referring

    to a person, company, or organization. CLAIM FOR DAMAGES: One party believes it has been injured, damaged, or wronged by another party, LAW SUIT: A claim that is presented in civil court where both parties can explain to jury or judge. They will decide “damages”
  37. Legal Responsibilities & Liabilities The responsibility for the things we

    do, or fail to do, with the possibility to be sued by another is called “CIVIL LIABILITY” Employer Responsibility • Officer is a representative of employer and client. Negligence can also result in lawsuit against them as well. • Failed lawsuits can still be costly to defend. • Defense is easier when good judgement & good faith are used on the part of the officer.
  38. F. Legal Responsibilities and Liabilities Checkup Questions No. 6

  39. Part G Factors to Consider Before an Arrest

  40. Factors to Consider • A Security guard at no time

    is obligated to make an arrest. • Primary responsibilities are Prevention, Observation, & Reporting. • Purpose for training: Know the law, and liabilities. Not encouragement to make more arrests.
  41. Factors to Consider Additional factors to consider before making an

    arrest. • Physical Size • Weapons • Escape • Type of Offense • Relation to your job
  42. G. Factors to Consider Before an Arrest Checkup Questions No

  43. Part H Arrestable Offenses

  44. Arrestable Offenses PENAL CODE defines 3 categories of criminal offenses

    • Infractions • Misdemeanors • Felonies
  45. Arrestable Offenses Penal Code defined criminal offense Infractions • Punishable

    by modest monetary fine • Usually consist of traffic violations, H&S codes, littering. • Most occur on public property, not private • Normally no jail sentence • Usually not arrested, detained only to be cited. • Reserved for law enforcement: Citations issued are “noticed to appear” in court.
  46. Arrestable Offenses Penal Code defined criminal offense Misdemeanors Punishable by

    fine or term in jail Conditions that must exist in order to arrest on a misdemeanor charge: • Must have been attempted or committed • Must have taken place in your presence
  47. Arrestable Offenses Misdemeanors Assault (240 PC) Attempt & Ability to

    commit a violent injury Battery (242 PC) Willful & Unlawful use of force or violence Disturbing the Peace (415 PC) Fighting or challenging to fight in public, malicious disturbances, offensive & provocative words Indecent Exposure (314 PC) act of exposing private parts in public where others may be offended Littering (374 PC) Throwing waste matter in a place other designated container Petty Theft (488 PC) Taking property of less than $400.00. Trespassing (602 PC) Entering property without permission, refusal to leave Vandalism (594 PC) Maliciously defacing, damaging property
  48. Arrestable Offenses Penal Code defined criminal offense Felonies Punishable by

    fine and /or imprisonment in jail or prison or sentence of death Conditions that must exist in order to arrest on a felony charge: • Must have been committed • Reasonable cause must exist to believe that they committed the offense
  49. Arrestable Offenses Felonies Reasonable Cause Such must be based on

    evidence linking the person to the crime. May include: • Physical evidence • Testimonial evidence
  50. Arrestable Offenses Felonies Assault with a Deadly Weapon (245 PC)

    Any instrument or means of force likely to produce great bodily harm Arson (451 PC) Willful & unlawful setting of a fire Grand Theft (487 PC) Money, labor or property of value exceeding $400.00 or from the person of another Burglary (459 PC) Entering residence or property of another with intent to commit theft or felony Kidnapping (207 PC) Taking & transporting a person against will Robbery (211 PC) Removal of property from person or presence against will by force or intimidation Rape (261 PC) Forcing sexual intercourse Manslaughter (192 PC) Unlawful killing of a human being. Voluntary, Involuntary or vehicular Murder (187 PC) Unlawful killing with malice and forethought.
  51. H. Arrestable Offenses Checkup Questions No. 8

  52. Part I Private Persons Arrest

  53. Private Persons Arrest Normal responsibilities of the security guard are

    Prevention & Observation • Rare occasions a necessity to make an arrest • Know your company policy for making an arrest. A Guard’s legal powers to arrest are no greater than those of a private citizen and is commonly known as a “Citizens Arrest”
  54. Private Persons Arrest PC Section 834 “ An arrest is

    taking a person into custody in a manner authorized by law”…“An arrest can be made by a peace officer or a private citizen”. PC Section 837 Conditions that private person can make an arrest: • Public offense committed or attempted in their presence. • Offense is a Felony, although not in their presence, and there is reasonable cause to believe the person arrested has committed it. Decision to arrest: First determine whether it’s a Misdemeanor or Felony
  55. I. Private Persons Arrest Checkup Questions No. 9

  56. Part J Making an Arrest

  57. Making an Arrest The SUSPECT: • The Legal system states

    a person is innocent until proven guilty by a court of law. • Any person arrested is referred to as a SUSPECT until a verdict is given. • Never refer to someone in terms that imply guilt:  “ the Criminal ”  “ Offender ”  “ Robber ”  “ Burglar ”
  58. Making an Arrest Situation requiring an arrest: Intention, Cause ,

    Authority 1. State to the person that they are under an arrest 2. State what the charges are 3. State your authority to make the arrest • If the suspect resists and tries to escape you must decide whether or not to use reasonable force. • You may ask as many people as you think necessary to assist you.
  59. Making an Arrest USE OF FORCE in an arrest •

    NONE if the suspect submits willingly • If they RESIST, then only use that which is necessary and reasonable to subdue or overcome the resistance. • EXCESSIVE FORCE may not be used. For example knocking unconscious an unarmed suspect trying to leave the scene.
  60. Making an Arrest Detainment • One who voluntarily responds to

    questions and is not restrained (free to leave). • Police can detain one against their will without making an arrest, but security guards can not. • If because of your uniform, badge or verbal actions a person does not feel FREE TO LEAVE they can claim they were under arrest.
  61. J. Making an Arrest Checkup Questions No. 10

  62. Part K Searching the Suspect

  63. Searching the Suspect • Avoid searching a suspect, laws protect

    the rights of suspects. • No searching is allowed to find evidence to make an arrest. • After an arrest, detain for police to search only, and allow no opportunity to dispose of any items. • Reasonable cause to believe you are in physical danger, you may search for weapons only.
  64. Searching the Suspect “ the FRISK ” FOR WEAPONS ONLY

    1. Stand behind the suspect 2. Run hands over outside of the clothing 3. Pat areas where a weapon might be concealed 4. Remove anything that feels like a weapon, NOTHING else. Places that might conceal
  65. Searching the Suspect IMPORTANT POINTS: • Use discretion when touching

    a suspect of the opposite sex. • Use member of same sex to conduct whenever possible. • Always try to have a witness. • Should be done quickly. • Contraband found should be left alone, and reported to police. • Stay Alert after the frisk.
  66. K. Searching the Suspect Checkup Questions No. 11

  67. Part L Merchant Privilege Search

  68. Merchants Privilege Search California PC Section 490.5 (f & g)

    Provide legal authority for a merchant, their employee or their agent (security guard) to detain a person suspected of shoplifting in a retail store. Key points: • Only DETAIN if there is reasonable cause & for the purpose of investigation only. • Only reasonable NON-DEADLY force where the suspect resists • Request that item taken be surrendered. Search only belongings, not clothing or apparel. • Upon establishing that an offense occurred or was attempted they must be turned over to police in a reasonable time. • Mall security does not apply to individual stores without agreement
  69. Part M After the Arrest

  70. After the Arrest • Must be turned over to police

    WITHOUT DELAY. • Failure to notify police could result in found guilty of an illegal detention. • “Reasonable delay” will be recognized Peace Officer Responsibility • By law must take custody of the suspect. • May then either transport, cite and /or release. • Investigate and collect evidence and statements. • Give a signed statement of release to the arresting party (PC 849)
  71. After the Arrest Private Persons Arrest – Misdemeanor • Includes

    crimes such as trespassing, petty theft or disturbing the peace. • Recorded as the person making the arrest. • Call the police, turn over the suspect, and make your statement. • Also may have to:  Meet the district attorney the day after & give a sworn statement.  Attend the suspects hearing  Testify at the suspects trial
  72. M. After the Arrest Checkup Questions No. 12

  73. Part N Terrorism

  74. Terrorism It is the use of force or violence against

    persons or property in violation of the criminal laws of the U.S. for the purpose of intimidation, coercion, or ransom. Often uses threats to create fear, convince citizens that the government is powerless and get immediate publicity for a cause.
  75. Terrorism TYPES All acts are crimes, & are categorized by

    the FBI as: Domestic Terrorism Groups or individuals whose activities are directed without foreign direction. International Terrorism Groups or Individuals whose activities are foreign based and / or directed by countries or groups outside the U.S. or transcend national boundaries.
  76. Terrorism Nature & Characteristics • Look for visible targets.. Avoid

    detection before & after. • Well planned, executed without deviation, theatrical • Perpetrated for retaliation, perceived injustices, improve bargaining positions, demonstrate strength, commitment, or resolve • Targets Include: • International Airports • Large cities • Major international events • Resorts • High profile landmarks
  77. Terrorism SECURITY Alert Officers cannot prevent but can minimize efforts.

    • Deter: Harden the target. Remove 100 % chance of success by: • checking ID’s, packages, & vehicles • Patrol tours and routes unpredictable • Maintain confidentiality • Delay: use barriers, locks, response force, control vehicle access. • Deny: use of widespread panic & media leverage • Detect: Analysis of threat intelligence, entry searches, detection equipment (x-ray, metal explosive), CCTV
  78. N. Terrorism Checkup Questions No.13

  79. Part O Ethics & Professional Conduct

  80. Ethics & Professional Conduct The ability of an officer and

    the company to fulfill their duties is dependant upon securing and maintaining public respect and approval. Respect and trust for the industry is diminished when a single member acts in an unprofessional or unlawful manner. Always “under the microscope” The Security Guards Creed
  81. O. Ethics & Professional Conduct Checkup Questions No. 14

  82. Powers to Arrest Examination