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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

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  2. Powers to Arrest
    Department of Consumer Affairs
    Bureau of Security and Investigative Services
    February 2002

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  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.

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  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

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  5. Part A
    The Role and Responsibilities

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  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

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  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.

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  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

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  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.

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  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

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  11. A. The Responsibilities of a Security Guard
    Checkup Questions No. 1

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  12. Part B
    Relations with local Police

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  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

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  14. B. Relations with the Local Police
    Checkup Questions No. 2

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  15. Part C
    Observation & Report writing

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  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

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  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

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  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

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  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

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  20. C. Observation and Report Writing
    Checkup Questions No.3

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

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  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)

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  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.

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  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

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  25. D. Authority to question
    Checkup Questions No. 4

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  26. Part E
    Inspections

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  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.

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  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

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  29. E. Inspections
    Checkup Questions No. 5

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  30. Part F
    Legal Responsibilities and Liabilities

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  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.

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  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

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  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.

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  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

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  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.

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  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”

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  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.

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  38. F. Legal Responsibilities and Liabilities
    Checkup Questions No. 6

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  39. Part G
    Factors to Consider Before an Arrest

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  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.

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  41. Factors to Consider
    Additional factors to consider before making
    an arrest.
    • Physical Size
    • Weapons
    • Escape
    • Type of Offense
    • Relation to your job

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  42. G. Factors to Consider Before an Arrest
    Checkup Questions No 7

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  43. Part H
    Arrestable Offenses

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  44. Arrestable Offenses
    PENAL CODE defines 3 categories of
    criminal offenses
    • Infractions
    • Misdemeanors
    • Felonies

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  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.

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  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

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  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

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  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

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  49. Arrestable Offenses Felonies
    Reasonable Cause
    Such must be based on evidence linking the
    person to the crime.
    May include:
    • Physical evidence
    • Testimonial evidence

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  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.

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  51. H. Arrestable Offenses
    Checkup Questions No. 8

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  52. Part I
    Private Persons Arrest

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  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”

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  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

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  55. I. Private Persons Arrest
    Checkup Questions No. 9

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  56. Part J
    Making an Arrest

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  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 ”

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  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.

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  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.

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  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.

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  61. J. Making an Arrest
    Checkup Questions No. 10

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  62. Part K
    Searching the Suspect

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  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.

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  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

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  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.

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  66. K. Searching the Suspect
    Checkup Questions No. 11

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  67. Part L
    Merchant Privilege Search

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  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

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  69. Part M
    After the Arrest

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  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)

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  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

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  72. M. After the Arrest
    Checkup Questions No. 12

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  73. Part N
    Terrorism

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  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.

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  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.

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  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

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  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

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  78. N. Terrorism
    Checkup Questions No.13

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  79. Part O
    Ethics & Professional Conduct

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  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

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  81. O. Ethics & Professional Conduct
    Checkup Questions No. 14

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  82. Powers to Arrest
    Examination

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