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.
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
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
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
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.
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
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
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
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
• 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)
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.
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
• 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.
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
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.
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
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.
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
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.
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”
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.
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.
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
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
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.
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”
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
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 ”
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.
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.
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.
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.
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
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.
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
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)
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
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.
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.
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
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