Roles And Responsibility Of The Security Guard: Trivia Quiz!

2.

WHAT IS THE RESPONSIBILITY OF THE SECURITY GUARD BEFORE AN INCIDENT/OFFENSE HAS OCCURRED?

Detain and punish
Stay out of sight
Prevent
Search and seize

Correct Answer

A. Prevent

Explanation

The responsibility of a security guard before an incident/offense has occurred is to prevent it. Their role is to be proactive in identifying potential threats, implementing security measures, and taking necessary actions to ensure the safety and security of the premises or individuals they are assigned to protect. This can include conducting regular patrols, monitoring surveillance systems, enforcing access control, and responding to any suspicious activities or behaviors. By taking preventive measures, security guards aim to deter potential offenders and minimize the risk of incidents occurring.

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3.

IT IS AGAINST THE LAW FOR A SECURITY GUARD TO:

Arrest someone
Protect property
Observe and report
Make someone think he is an officer

Correct Answer

A. Make someone think he is an officer

Explanation

A security guard is not allowed to make someone think that he is an officer because it is against the law. This is because impersonating a law enforcement officer can lead to confusion and potentially dangerous situations. It is important for security guards to clearly identify themselves and their role to avoid any misunderstanding or misuse of authority.

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2

4.

Areas of Responsibility PART A (contd.) WHAT IS A SECURITY GUARD’S JOB? A security guard is assigned to protect specific people and property. This may include detecting some of the same offenses that would cause a peace officer to act, such as a fight or burglary. But it would not include other offenses such as motor vehicle traffic violations or prostitution. For example, if you were on duty at a plant gate and you observed two teenagers having an auto race down a public road, you would not try to arrest them. You may decide to report it to the police if a telephone is nearby. But you were hired to protect the plant -not to arrest speeders. (In fact, you should be suspicious of any activity that may draw you away from your post. It could be a plan to draw your attention away from your duties.) WHAT IS A PEACE OFFICER'S JOB? Peace officers are law enforcement officers such as Sheriffs and their Deputies, Constables, Marshals, members of city police forces and other officers whose duty is to enforce the law and preserve the public peace. If a law is violated, peace officers are required to pursue and apprehend the person responsible. This is not required of a security guard! REMEMBER, a peace officer’s responsibilities are different from a security guard’s responsibilities. SECURITY GUARDS only protect specific people and property. POLICE (PEACE OFFICERS) protect all people and all property and enforce laws. WHAT OTHER DUTIES COULD A SECURITY GUARD HAVE? A security guard may be responsible for maintaining certain company rules established by the client (company). These could include Requiring employees to show their badges when entering the property, or Inspecting lunch pails as employees leave the plant, or Monitoring safety standards and reporting hazards; blocked exits, fire safety, slippery floors, etc. A guard’s supervisor or the client (company) will give him instructions on helping employees observe company rules and policies. (Check up No. 2) YOU ARE STANDING GUARD INSIDE A DEPARTMENT STORE AND YOU OBSERVE TWO MEN COMING OUT OF A BAR ACROSS THE STREET. THEY START TO FIGHT. YOU SHOULD:

Go over and try to break up the fight
Call the police if you can remain on post

Correct Answer

A. Call the police if you can remain on post

Explanation

As a security guard, your primary responsibility is to protect the specific people and property assigned to you. In this situation, the fight is occurring outside of the department store and does not directly involve the store or its customers. Therefore, it is not your job to intervene and break up the fight. Instead, you should call the police if you are able to remain at your post. The police are the appropriate authority to handle the situation and ensure the safety of everyone involved.

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5.

YOU ARE HIRED BY A BAR/RESTAURANT AS A SECURITY GUARD. AN ANGRY CUSTOMER REFUSES TO PAY HIS CHECK. YOUR JOB IS TO:

Arrest him and everyone in his party
Keep the peace and follow restaurant policy

Correct Answer

A. Keep the peace and follow restaurant policy

Explanation

COMMENT: Notice the difference between situations in Questions 5 and 6. In Question 5, the fight does not relate to your responsibility at the department store. In Question 6, the customer is in your client’s premises. This quarrelsomeness relates to your responsibility to protect the client’s property, because a fight could damage or destroy property

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6.

PART A (contd.) PREVENTION IS THE KEY The security guard’s concern is to protect persons and prevent damage or destruction to property. PREVENTION is the key word. For example, if you spotted some young people trying to climb a fence to enter private property, you should shout at them or turn on the lights. Do anything lawful that would discourage their trespassing, don’t wait until they cross the fence so you can arrest them. Another typical situation might be: A person intends to steal from a store, but suddenly sees a uniformed security guard on patrol. The person leaves the store without stealing anything. The guard, simply by being in uniform, has prevented a crime. OBSERVE AND REPORT If you can’t prevent an incident, the proper action is to observe and report. You should: Observe carefully and report immediately to the local law enforcement and/or your supervisor. SITUATION SECURITY GUARD’S ROLE BEFORE the incident: PREVENTION DURING OR AFTER the incident: OBSERVE AND REPORT PART A (contd.) GET HELP If a serious offense, such as robbery, burglary, or assault with a deadly weapon, has been committed, you will need help to apprehend the suspect. CALL THE POLICE IMMEDIATELY. Even police who are trained to make forcible arrests are encouraged to call for help in dangerous situations. Sample Situations: You are patrolling the grounds of a factory at 2:00 a.m. and see two armed adults entering the stock room. What should you do? (You should call the police, then observe and report.) While you are guarding a sporting goods store, a man runs out of the store. Ten seconds later, the owner runs to you and says there has been a robbery. What should you do? (Have the owner call the police, then observe and report.) You are patrolling a store parking lot. A shopper loads Christmas gifts into a station wagon parked in the lot and goes back to do more shopping. The windows of the wagon are open, and three boys are gathered around the station wagon looking in. What should you do? (You should try to prevent a possible theft by making your presence known.) You are on guard in a jewelry store. An employee showing diamond rings to a customer is called to the telephone. The customer is left alone with the display box of diamond rings. What should you do? (You should try to discourage a theft by making your presence known.) (PART B) RELATIONS WITH THE LOCAL POLICE Your job is made easier if you have a good working relationship with the local peace officers. NEVER play “cop.” You don’t have the training for it and you don’t have the legal authority to do the same things a peace officer can do. Also, playing “cop” will antagonize the local law enforcement and hurt your company’s working relations with them. DON’T MISLEAD PEOPLE. Because of your uniform, badge, hat or other gear, some people may think you are a peace officer. DON’T do anything to encourage this false idea. Whenever the opportunity arises, make it a point to let them know that you are NOT a peace officer, but a security guard. DURING AN EMERGENCY, you may not interfere with peace officers who may be on the scene even if they are on the private property of your employer or client. You must cooperate to the extent possible with these peace officers or you may be subject to arrest. REMEMBER: Your roles are different! A peace officer is charged with the enforcement of laws in a city or county. A security guard is responsible for protecting only the specific people or property he is hired to protect. Part B (Cont'd) (Checkup NO. 3) A SECURITY GUARD’S LAWFUL AUTHORITY IS THE SAME AS THAT OF A PEACE OFFICER.

Yes
No

Correct Answer

A. No

Explanation

The explanation for the correct answer "No" is that a security guard's lawful authority is not the same as that of a peace officer. The passage clearly states that a security guard does not have the training or legal authority to do the same things a peace officer can do. Playing "cop" or misleading people into thinking that they are peace officers can harm the working relationship between the security guard and the local law enforcement. Additionally, during an emergency, a security guard must cooperate with peace officers and not interfere with their actions. Therefore, a security guard's authority is different from that of a peace officer.

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7.

DURING AN EMERGENCY ON THE EMPLOYER’S OR CLIENT'S PROPERTY, A PEACE OFFICER INSTRUCTS A SECURITY GUARD TO STAND OUT OF THE WAY BEHIND A POLICE LINE, THE GUARD MUST:

Refuse as the guard's duties are different from those of the peace officer.
Cooperate and follow the lawful orders of the peace officer.
Apprehend the persons violating the law on the employer’s or client’s property since the guard’s duty is to protect the property and person of the employer or client.

Correct Answer

A. Cooperate and follow the lawful orders of the peace officer.

Explanation

The correct answer is to cooperate and follow the lawful orders of the peace officer. In this situation, the peace officer is in charge of handling the emergency and maintaining public safety. The security guard's duty is to assist and support the peace officer in their efforts. By following the lawful orders of the peace officer and standing out of the way behind the police line, the security guard is ensuring that they do not interfere with the peace officer's responsibilities and can contribute to the overall safety and security of the situation.

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8.

(PART C) OBSERVATION AND REPORT WRITING STOP! LOOK! LISTEN! In a sense guards are paid observers. As a guard your role is PREVENTION. When an offense has been committed, it is your responsibility to OBSERVE and REPORT. You may be required to: Report to the police, Write a report for your company , Testify as to what you saw, heard and did. FACT vs. CONCLUSION: You will need to know the difference between a fact and conclusion. A FACT is what has actually happened, or is known to be true. A CONCLUSION is a judgement or opinion formed as a result of the facts. Peace officers and your employer are interested only in the FACTS. With proper facts, they can reach their own conclusions. 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 around the lock. CONCLUSION: The men are burglars. (Part C Contd.) FACTS: A man was walking inside of a fenced area, looking at the loading dock; A young man was weaving back and forth and almost fell down twice in the two minutes I observed him; a woman got into the car and tried to start it; a girl picked up a necklace, examined it, placed it in her purse, and walked directly to the north exit. CONCLUSIONS: A man was wandering around looking for something to steal; he was drunk and couldn’t walk right; she tried to steal the car; after she stole the necklace, she tried to get away by the north exit. PRACTICE MAKES PERFECT! It will take practice to become a good OBSERVER and to be able to REPORT facts instead of conclusions. When you write a report, remember to include these six facts: Who, What Where, When, How, Names of Witnesses. PART C (contd.) CHECKUP NO. 4 NOW, answer the following questions: IN ORDER TO MAINTAIN A GOOD WORKING RELATIONSHIP WITH THE LOCAL LAW ENFORCEMENT, YOU SHOULD:

Never play cop.
Cooperate with law enforcement.
Both A and B.

Correct Answer

A. Both A and B.

Explanation

To maintain a good working relationship with the local law enforcement, it is important to never play cop and to cooperate with them. Playing cop refers to taking on the role of a law enforcement officer, which is not the responsibility of a security guard. Instead, security guards should focus on their role of prevention and observation, and leave the enforcement of laws to the police. By cooperating with law enforcement, security guards can provide them with accurate and timely information, assist in investigations, and work together to maintain safety and security. Therefore, the correct answer is "Both A and B."

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9.

Which of the following statements are conclusions:

He intended to kill her
She was trying to steal the ring from the jewelry counter
He ran to the fence.
He opened the window and entered.

Correct Answer(s)

A. He intended to kill her
A. She was trying to steal the ring from the jewelry counter

Explanation

The statements "He intended to kill her" and "She was trying to steal the ring from the jewelry counter" can be considered conclusions because they are assertions or claims that can be drawn from the given information. The other two statements, "He ran to the fence" and "He opened the window and entered," are not conclusions but rather actions or events that occurred.

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10.

What six points should be included in a report?

Who, What, When, How, Where, Why
Who, What, When, Where, Why, Names of Witnesses
Who, What, When, Where, How, Names of Witnesses

Correct Answer

A. Who, What, When, Where, How, Names of Witnesses

Explanation

The six points that should be included in a report are: Who, What, When, Where, How, and Names of Witnesses. These elements are essential for providing a comprehensive and accurate account of an incident or event. The "Who" identifies the individuals involved, the "What" describes the actions or details of the incident, the "When" specifies the date and time, the "Where" indicates the location, the "How" explains the manner in which the incident occurred, and the "Names of Witnesses" includes the individuals who observed the event and can provide additional information or testimony.

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11.

_{(PART D) Authority to question people and make Decisions} A GUARD’S AUTHORITY TO QUESTION PEOPLE A security guard is an agent of the owner of the private property and, in this role, can exercise the owner’s right to ask people on the (owner’s) property what they are doing there, who they are, etc. If they refuse to answer the questions or if their answers are not satisfactory, the guard may ask them to leave. If they do not leave, the guard may arrest them for trespassing, and should call local law enforcement without unreasonable delay. When on property and not employed as a guard, your authority is no greater than any other person’s. On the other hand, your authority to question people is greater on property where you are on duty as a guard. WHAT ARE THE PROPERTY OWNER’S RIGHTS? The owner of the property has the right to establish certain rules on his property that may not be a part of the Penal Code. For instance, if an employee shows up for work drunk, he may be violating a company rule. The client may want the employee sent home or may intend to fire him. How this situation is handled is between the employer and the employee, and has nothing to do with the police or public law. A SECURITY GUARD MUST KNOW WHAT THE COMPANY POLICY STATES. Trying to enforce company policy could, however, result in a violation of public law, by you or by the employee. For example, if the employee is asked to leave and refuses, he may be arrested for violating the public law against trespassing. On the other hand, if the guard uses unnecessary force in removing the employee from the premises, the guard may be arrested for violating the public laws against assault and battery. HOW SHOULD YOU HANDLE VIOLATIONS? As a security guard, acting as a representative of the owner on the owner’s private property, you can physically prevent a person from entering an area - but only as a last resort! Be sure to check with your employer regarding the way to handle a violation of company rules, as well as how to handle a violation of public laws. (CHECKUP NO. 5) NOW, answer the following questions: ON PRIVATE PROPERTY OWNED BY YOUR EMPLOYER OR CLIENT, YOUR AUTHORITY TO QUESTION IS:

No more than any private person’s.
The same as the owner of the property and greater than that of other private parties.
The same as peace officer’s.

Correct Answer

A. The same as the owner of the property and greater than that of other private parties.

Explanation

On private property owned by your employer or client, your authority to question is the same as the owner of the property and greater than that of other private parties. As a security guard, you are acting as a representative of the owner and have the right to ask people on the property what they are doing there and who they are. If they refuse to answer or their answers are unsatisfactory, you can ask them to leave. If they do not comply, you can arrest them for trespassing. This authority to question is specific to the property where you are on duty as a guard and does not extend to other situations or locations.

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1

12.

EMPLOYEES ARE TOLD THEY MAY NOT ENTER THE FACTORY WITHOUT THEIR IDENTIFICATION BADGES. ONE EMPLOYEE SHOWS UP WITHOUT HIS BADGE AND TRIES TO ENTER. HE IS VIOLATING:

A company rule
A public law
Both a company rule and a public law

Correct Answer

A. A company rule

Explanation

The employee is violating a company rule because they are not following the requirement to enter the factory with their identification badge. This rule is specific to the company and is not a public law that applies to everyone.

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13.

IF YOU ASKED THE EMPLOYEE REFERRED TO IN QUESTION #13 TO LEAVE AND HE REFUSES, HE IS VIOLATING A PUBLIC LAW.

Yes
No

Correct Answer

A. Yes

Explanation

If an employee is asked to leave and refuses to do so, he is violating a public law. This could be because there may be specific laws or regulations in place that require individuals to comply with instructions given by authorities or employers. By refusing to leave, the employee is disregarding these legal obligations, thereby violating a public law.

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14.

PART D (contd.) A BASIS FOR MAKING DECISIONS: The very nature of security work requires security personnel to be constantly aware of their surroundings, the law, and the mission of private security in today’s society. Three factors to consider when making timely and reasonable decisions are: FACTS: Consider the FACTS involved in the incident. The facts of any incident will be learned by answering the following questions: WHO? WHAT? WHEN? WHERE? HOW? and possibly WHY? LAW: Consider the LAWS that may apply to the incident. Has a city, county, state, or federal law been violated? POLICY: Consider any POLICY that may apply to the incident. What is the POLICY of your employer, client, or local law enforcement agencies regarding this incident? PART E INSPECTIONS WHAT IS AN INSPECTION? As a security guard, your employer may enlist your assistance in conducting inspections of plant employees. This is not a search. Always make sure the employer has notified the employees first. Such inspections are often conducted at the end of the work day by looking into employees’ cars, lunch pails, purses, or tote bags to make sure unauthorized items are not being take off the premises. WHAT IS AN INSPECTION? An inspection is always conducted with the employees’ cooperation. For example, when you want to look inside a lunch pail, purse, or tote bag, ask the employee to open it up for you to look inside. If you can’t see the contents because something is in the way, ask the employee to remove the obstruction. If the employee tries to hand the item to you, politely refuse. NEVER TOUCH THE EMPLOYEE OR HANDLE THE EMPLOYEE'S PROPERTY. WHAT IS AN INSPECTION? Understand company policy. Generally, if an employee does not cooperate, you should record: ➢ Date, time, and location ➢ Name ➢ Physical description ➢ Badge ID number ➢ License number of any vehicles involved ➢ Then make a full report, in writing, to the client and/or your employer PART E (contd.) CHECKUP NO. 6 NOW, answer the following questions: YOUR EMPLOYER ASKS YOU TO INSPECT THE PERSONAL BELONGINGS OF EMPLOYEES LEAVING THE PLANT. HE HAS ANNOUNCED THIS POLICY TO ALL EMPLOYEES. WHAT IS IMPORTANT TO REMEMBER ABOUT INSPECTIONS?

Never inspect without cooperation from the employee.
Never touch the employee.
Never touch the employee’s belongings.
All the rules above.

Correct Answer

A. All the rules above.

Explanation

The correct answer is "All the rules above." This is because the passage clearly states that during inspections, the security guard should never inspect without the employee's cooperation, never touch the employee, and never touch the employee's belongings. Therefore, it is important to remember all of these rules when conducting inspections.

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1

15.

AN EMPLOYEE WHO IS LEAVING WORK WALKS UP TO YOU AND HANDS YOU HIS LUNCH PAIL FOR INSPECTION. WHAT SHOULD YOU DO?

Accept it and open it to look inside.
Decline to take it and instead ask him to open it so you can inspect the contents.
Take it but have him open it.

Correct Answer

A. Decline to take it and instead ask him to open it so you can inspect the contents.

Explanation

When an employee who is leaving work hands you his lunch pail for inspection, it is important to decline taking it and instead ask him to open it so you can inspect the contents. By doing so, you maintain professionalism and respect the employee's personal belongings. Asking the employee to open the lunch pail allows for transparency and ensures that the inspection is conducted with the employee's consent.

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16.

YOU ARE WALKING THROUGH THE PARKING LOT AND OBSERVE COMPANY EQUIPMENT IN THE BACK SEAT OF A CAR THROUGH A CLOSED BUT UNOBSTRUCTED WINDOW OF THE VEHICLE. YOU MAY:

Look closely through the window (without entering the vehicle) at the equipment, and make notes which identify the equipment, the make and model of the vehicle and its license number as well as the vehicle’s location in the parking lot, and render this report to your employer or client.
Enter the vehicle to determine if the equipment is stolen and if so take it to your employer or client.

Correct Answer

A. Look closely through the window (without entering the vehicle) at the equipment, and make notes which identify the equipment, the make and model of the vehicle and its license number as well as the vehicle’s location in the parking lot, and render this report to your employer or client.

Explanation

The correct answer is to look closely through the window (without entering the vehicle) at the equipment, make notes identifying the equipment, the make and model of the vehicle, its license number, and the vehicle's location in the parking lot, and then report this information to your employer or client. This is the appropriate action to take as it respects the privacy and property rights of the vehicle owner while still providing valuable information to your employer or client. Entering the vehicle without permission would be a violation of privacy and potentially illegal.

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17.

PART F THE SECURITY GUARD’S LEGAL RESPONSIBILITIES AND LIABILITIES Actions based on poor judgement can lead to legal problems for both you and your employer. You must, by law, avoid certain actions. Legal responsibilities and liabilities that affect you are Presented in this section. CRIMINAL LIABILITIES WHO HAS THE POWER TO ARREST? The authority to arrest is given to all private persons. A security guard arrests with the same power as any other private person. However, because the security officer wears a uniform and badge, that can lead to misunderstanding and abuse. WHAT IS AN ARREST? An arrest is a form of lawful control by one person over the actions or movements of another. An arrest is taking a person into custody IN A CASE and IN THE MANNER authorized by law. An arrest may be made by a peace officer or a private person. WHAT IS CRIMINAL LIABILITY? Crimes are generally defined in penal statutes of a state, or the ordinances of local cities or counties. All persons are expected to obey these laws. Anyone who violates a criminal law is subject to a fine, and/or a term in jail, or prison, depending on the type of crime. The potential for punishment as a result of violating a criminal law is called CRIMINAL LIABILITY. Some acts by security guards for which criminal liability is possible include: ➢ INTIMIDATION: Threatening physical harm or otherwise frightening people when they do not cooperate or confess to a crime. ➢ EXCESSIVE pHYSICAL FORCE: Where an arrest is made, the law allows only the use of physical force, which is reasonable or necessary to restrain the suspect if he is resisting, in order to make the arrest. Where more force is used than that which the law allows, the arresting Page 31 POWER TO ARREST TRAINING MANUAL (Revised 02/02) 31 party is said to be using “excessive force” and may be held criminally as well as civilly liable. An example of excessive force is the discharge of a firearm in shooting a suspect in order to protect personal property. By law, deadly force is allowed only to protect lives. ➢ USE OF UNAUTHORIZED DEADLY WEAPONS: Becoming registered as a security guard DOES NOT ALONE entitle you to carry a weapon. Some weapons such as knives (Switch Blades & Knife’s with blades 2 inches or over.) brass knuckles, nunchakus, or sawed-off shotguns may not be carried by security guards. ➢ UNLAWFUL USE OF DEFENSIVE WEAPONS: Handguns and batons may not be carried by security guards unless authorized by the State Department of Consumer Affairs, Bureau of Security and Investigative Services. Weapons are allowed only after the security guard receives Bureau- recognized training and appropriate permits. ➢ FALSE ARREST: MISDEMEANOR ARREST - a private person making a misdemeanor arrest may be found criminally liable for a false arrest if the arrest is made and the arresting party did not actually observe the suspect commit the misdemeanor in his presence. FELONY ARREST - a private person making a felony arrest may be found criminally liable for a false arrest if the arrest is made or caused to be made by others and the arresting party does not have reasonable cause to believe that the person arrested committed the felony. EVERYONE HAS CIVIL LIABILITY The legal term “PARTY” can be a person, company, or organization. When one party believes it has been injured, damaged, or wronged by another party, it may make a lawful claim for damages. The claim or “LAW SUIT” is presented to a civil court where both parties may explain their positions to a judge or jury. Page 32 POWER TO ARREST TRAINING MANUAL (Revised 02/02) 32 A court judge may decide whether or not one party in a lawsuit has damaged another. If damages are due, the court will decide, after a trial, how much money must be paid by one party to another. The responsibility for the things we do, or fail to do, with the possibility of being sued by another is called “CIVIL LIABILITY.” WHY IS YOUR EMPLOYER ALSO RESPONSIBLE FOR YOUR ACTIONS? As a security guard, you are a representative of your employer. Therefore, any negligence or wrongful acts committed by you may also cause your employer and the client to be held responsible. Suits may be brought against you (the security guard) your employer, and/or a client. FOR EXAMPLE: A security guard makes a false arrest. The person arrested may file a civil suit for damages against the guard, his employer, and all of those believed to be responsible. Even if the civil suit against you (the security guard) or your employer fails, the action may be costly for you and your employer to defend. WHEN SHOULD A SECURITY GUARD ARREST? A security guard who is expected to make arrests should receive explicit instructions and training on how to do so. Training should make clear the circumstances under which an arrest can be made and the procedure for making it, so as to minimize civil liability. As a security guard, you should work primarily in a preventive role. Use good judgement and exercise caution when faced with an arrest situation. Every person must be accountable for his actions. Acts of a security guard in an arrest situation are easy to defend when good judgement and good faith have been used. A security guard must not be afraid to act in an arrest situation, but must use restraint and good judgement. Page 33 POWER TO ARREST TRAINING MANUAL __ (Revised 02/02) Part F (contd.) CHECKUP NO. 7 NOW, answer the following questions: TELLING A SUSPECT “YOU’D BETTER START TALKING OR YOU’LL BE SORRY,” IS AN EXAMPLE OF:

Intimidation
Excessive physical force

Correct Answer

A. Intimidation

Explanation

The statement "Telling a suspect 'You'd better start talking or you'll be sorry'" is an example of intimidation. Intimidation refers to threatening physical harm or otherwise frightening people when they do not cooperate or confess to a crime. In this case, the security guard is using verbal intimidation to try and get the suspect to talk or confess. This action can lead to legal problems for both the security guard and their employer, as it violates the legal responsibilities and liabilities associated with their role.

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18.

YOU MAY CARRY A GUN IF YOU HAVE A SECURITY GUARD REGISTRATION CARD ONLY.

Yes
No

Correct Answer

A. No

Explanation

The statement is stating that you can only carry a gun if you have a security guard registration card. The correct answer is "No" because this statement is not true. Carrying a gun is not limited to only those with a security guard registration card.

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19.

WHAT TYPE OF LIABILITY REFERS TO THE RIGHT A PARTY HAS TO INITIATE A LAWSUIT?

Criminal liability
Civil liability

Correct Answer

A. Civil liability

Explanation

Civil liability refers to the legal responsibility that a person or entity has towards another party for their actions or omissions that result in harm or damage. It is a type of liability that pertains to civil cases, where individuals or organizations can initiate a lawsuit to seek compensation or resolution for the harm caused to them. In contrast, criminal liability refers to the legal responsibility for committing a crime, which is prosecuted by the state or government rather than by individual parties.

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20.

What type of liabilities refer to public laws?

Criminal Liability
Civil Liability

Correct Answer

A. Criminal Liability

Explanation

Criminal liability refers to the legal responsibility individuals have for their actions that are considered crimes under public laws. This means that when individuals commit offenses against society, such as murder, theft, or fraud, they can be held accountable in criminal courts and face penalties such as imprisonment or fines. It is important to distinguish criminal liability from civil liability, which involves legal responsibility for actions that harm individuals or private entities rather than society as a whole.

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21.

WHILE YOU ARE ON DUTY AT A SHOPPING CENTER, YOU SEE A 12 YEAR OLD JABBING AN ICE PICK INTO A PATRON'S CAR TIRES. YOU SHOULD FIRST:

Pick him up and throw him out of the parking lot
Get a good description and call the police
Run at him and yell so he'll run appay
Approach him and tell him to stop

Correct Answer

A. Approach him and tell him to stop

Explanation

In this situation, the appropriate first step would be to approach the 12-year-old and tell him to stop damaging the car tires. This approach allows for direct communication and gives the child a chance to understand the consequences of his actions. It is important to address the situation calmly and assertively to prevent any further damage or harm.

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22.

A MAN IS SMASHING TABLES AND CHAIRS AT A BAR YOU ARE GUARDING. HE IS ABOUT 6' 8" AND WEIGHS 280 LBS. YOU SHOULD:

Consider your safety and the safety of others
Request patrons of the bar to clear the area
Call the police for assistance
Take all of the measures above

Correct Answer

A. Take all of the measures above

Explanation

In this situation, taking all of the measures mentioned is the most appropriate response. The man is causing damage and potentially posing a threat to the safety of others. Considering your safety and the safety of others is crucial, so requesting patrons to clear the area ensures their protection. Calling the police for assistance is necessary to handle the situation effectively and ensure the man's actions are addressed. Therefore, taking all of these measures is the best course of action.

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23.

YOU ARE GUARDING A JEWELRY STORE AT CLOSING TIME. THE LAST PATRON HAS LEFT AND YOUR EMPLOYER IS ABOUT TO LOCK UP. YOU NOTICE A MAN SITTING IN A CAR AND THE MOTOR IS RUNNING. YOU CLEARLY SEE HE HAS A GUN IN HIS HAND. YOU SHOULD FIRST:

Run out to the car with your gun drawn and tell him to freeze
Have the owner call the police and get a description if possible
Walk to the car and order the man to leave.

Correct Answer

A. Have the owner call the police and get a description if possible

Explanation

The correct answer is to have the owner call the police and get a description if possible. This is the most appropriate course of action because it prioritizes the safety of everyone involved. By having the owner call the police, they can alert the authorities to the situation and provide them with important information such as the presence of a suspicious individual and their description. This allows the police to handle the situation professionally and with the necessary resources, ensuring the safety of everyone at the jewelry store.

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24.

YOU ARE WORKING AT A DANCE WHERE EVERYTHING IS QUIET. DOWN THE STREET TWO MEN GET INTO A FIGHT. YOU SHOULD:

Stay where you are. You have been hired to guard the dance. You should call the police if it doesn't involve leaving your post.
Call someone over to watch the dance while you go down the street to break up the fight.
Shout down the street for he men to break it up.

Correct Answer

A. Stay where you are. You have been hired to guard the dance. You should call the police if it doesn't involve leaving your post.

Explanation

As a guard hired to protect the dance, it is your responsibility to stay where you are and ensure the safety of the event. Leaving your post to break up the fight could potentially leave the dance vulnerable and unprotected. Instead, it is advisable to call the police and inform them about the situation. This way, you fulfill your duty of guarding the dance while also ensuring that the fight is addressed by the appropriate authorities.

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25.

YOU ARE PATROLLING A SHOPPING AREA WHEN YOU SEE A JUVENILE RIDING A SKATEBOARD. YOU KNOW THAT SKATING IS AGAINST THE MALL POLICY. YOUR BEST COURSE OF ACTION WOULD BE TO:

Handle the matter formally as a criminal offense.
Politely approach the boy and inform him of shopping mall policy regarding skating in the mall.

Correct Answer

A. Politely approach the boy and inform him of shopping mall policy regarding skating in the mall.

Explanation

Approaching the boy and informing him of the shopping mall policy regarding skating is the best course of action because it allows for a non-confrontational resolution to the situation. By politely informing the boy about the policy, he can be made aware of the rules and given a chance to comply without escalating the situation into a criminal offense. This approach promotes communication and cooperation, ensuring a peaceful resolution for both parties involved.

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26.

PART H ARRESTABLE OFFENSES WHAT ARE THE THREE CATEGORIES OF ARRESTABLE OFFENSES? The Penal Code defines criminal offenses. This program will not attempt to cover all of them, but will cover many of the most common ones. The Penal Code classifies crimes into three categories: Infractions, Misdemeanors, and Felonies. INFRACTIONS Infractions are offenses that are punishable only by a modest monetary fine, usually not exceeding $250.00. There is normally no jail sentence imposed for committing an offense, which is defined as an infraction, and the person committing the offense is normally cited at the scene in a fashion similar to the issuance of a traffic citation. The offender is normally not taken into custody or arrested but merely detained for purposes of issuing the citation. For the most part, infractions are reserved for specified traffic violations such as speeding (California Vehicle Code Section 40000.1), though other statutes impose infraction penalties as well (smoking on public transportation, Health and Safety Code Section 25949.8; littering public property, Penal Code Section 374.4.) Because most infractions occur on public property, public highways and roadways, or in areas not routinely patrolled by private security, most security guards will not be confronted with situations involving the violations of laws which carry infraction penalties. Nor are private security guards normally authorized to issue citations, commonly known as notices to appear in court. For this reason, enforcement of laws involving infractions are usually reserved for law enforcement officers. Page 38 POWER TO ARREST TRAINING MANUAL (Revised 02/02) 38 PART H (contd.) MISDEMEANORS Misdemeanors are offenses that are punishable by a fine and/or term in the county jail. The following two conditions must exist in order for you to arrest a person on a misdemeanor charge: 1. The misdemeanor must have been attempted or committed. 2. It must have taken place (happened) in your presence. The following are common misdemeanors (PC stands for Penal Code): ➢ ASSAULT (240 PC) An unlawful attempt coupled with the present ability to commit a violent injury upon the person of another. ➢ BATTERY (242 PC) Any willful and unlawful use of force or violence upon another person. ➢ DISTURBING THE PEACE (415 PC) Unlawfully fighting in a public place or challenging to fight; malicious and willful disturbances of another by loud and unreasonable noise; using offensive words to provoke a violent reaction. ➢ INDECENT EXPOSURE (314 PC) The act of exposing the person or private parts thereof in any public place where other persons may be offended. ➢ LITTERING (374 PC) Throwing waste matter in a place other than designated containers. ➢ PETTY THEFT (488 PC) The taking of property of a value of $400.00 or less (this is often the case in shoplifting.) ➢ TRESPASSING (602 PC) Entering posted property without permission. Damaging or destroying property, or refusing to leave when asked by the owner or his agent. ➢ VANDALISM (594 PC) Maliciously defacing, damaging, or destroying property. Page 39 POWER TO ARREST TRAINING MANUAL (Revised 02/02) 39 PART H (contd.) FELONIES A felony is a more serious offense that is punishable by a sentence of death, imprisonment in a jail or prison, and/or a fine. The following two conditions must exist in order to arrest a person on a felony charge: 1. The felony must have been committed. 2. A reasonable cause must exist to believe that the person being arrested actually committed the crime. Such reasonable cause must be based on evidence linking the person to the crime. Examples of such evidence may include physical evidence such as articles of clothing belonging to the suspect and left at the scene of the crime, or testimonial evidence such as observations by the guard or by other persons which are told to the guard in which the suspect was observed committing the crime. The following are common felonies (PC stands for Penal Code): ➢ ASSAULT WITH A DEADLY WEAPON (245 PC) Assault of a person by another with a deadly weapon or instrument or by any means of force likely to produce great bodily injury. ➢ ARSON (451 PC) The willful and unlawful setting of a fire. ➢ GRAND THEFT (487 PC) The taking of money, labor, or real or personal property of a value exceeding $400.00 or the taking of property from the person of another. ➢ BURGLARY (459 PC) The entering of the residence or property of another with the intent to commit grand theft, petty theft, or any felony. ➢ KIDNAPPING (207 PC) Taking and transporting a person against his will. ➢ ROBBERY (211 PC) By force or intimidation, taking personal property from a person or from the immediate presence of a person against that person’s will. Page 40 POWER TO ARREST TRAINING MANUAL (Revised 02/02) 40 PART H (contd.) ➢ RAPE (261 PC) Forcing sexual intercourse. ➢ MANSLAUGHTER (192 PC) The unlawful killing of another human being includes voluntary, involuntary, or vehicular manslaughter. ➢ MURDER (187 PC) The unlawful killing of another human being with malice and forethought. Page 41 POWER TO ARREST TRAINING MANUAL (Revised 02/02) 41 PART H (contd.) CHECKUP NO. 9 NOW, answer the following questions: Identify the following crimes, based on the definitions you have just learned. TWO MEN GRAB AN EMPLOYEE GETTING OUT OF HIS CAR IN THE PARKING LOT. THEY SHOVE HIM INTO THEIR CAR AND START DRIVING AWAY. THIS MAY BE:

Kidnaping, a felony
Robbery, a felony

Correct Answer

A. Kidnaping, a felony

Explanation

The given answer is correct because the scenario described involves two men forcefully grabbing an employee, shoving him into their car, and driving away. This action meets the definition of kidnapping, which is the taking and transporting of a person against their will. Kidnapping is classified as a felony, as stated in the Penal Code. Robbery, another felony offense, involves taking personal property from a person by force or intimidation. However, in this scenario, the main focus is on the act of forcibly taking the person, making kidnapping the more appropriate classification.

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27.

A FAMILY RETURNS HOME TO DISCOVER THEIR HOUSEHOLD FURNISHINGS ARE MISSING. THEY MAY BE VICTIMS OF:

Burglary, a felony
Robbery, a felony

Correct Answer

A. Burglary, a felony

Explanation

The correct answer is burglary, a felony. Burglary refers to the act of unlawfully entering a building or dwelling with the intent to commit a crime, usually theft. In this scenario, the family returns home to find their household furnishings missing, indicating that someone has unlawfully entered their home and stolen their belongings. This crime is considered a felony because it involves breaking and entering into a private property with criminal intent.

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28.

AN EX-EMPLOYEE OF A SUPERMARKET WAITS IN HER CAR UNTIL THE MANAGER CLOSES THE BUIDING AND WALKS TOWARD HIS CAR. SHE STEPS OUT OF HER CAR, POINTS A GUN AT HIM, AND FIRES THREE SHOTS, KILLING HIM. WHAT CRIME MAY HAVE BEEN COMMITTED?

Arson, a felony
Murder, a felony

Correct Answer

A. Murder, a felony

Explanation

The correct answer is Murder, a felony. This is because the ex-employee intentionally killed the manager by shooting him with a gun. Murder is defined as the unlawful killing of another person with malice aforethought, and it is considered a serious crime. In this case, the ex-employee's actions clearly demonstrate an intent to cause harm and result in the death of the manager, making it a murder.

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29.

PERSON "A" IS ANGERED BECAUSE PERSON "B" WAS DANCING WITH "A'S" GIRLFRIEND. "A" WAITS OUTSIDE THE DOOR WITH A LARGE BOARD HE PICKED UP FROM A CONSTRUCTION SITE. WHEN "B" COMES OUT OF THE BUILDING, "A" SWINGS THE BOARD AND HITS "B" IN THE FACE. THIS IS:

ASSAULT WITH A DEADLY WEAPON, A FELONY
BATTERY, A MISDEMEANOR

Correct Answer

A. ASSAULT WITH A DEADLY WEAPON, A FELONY

Explanation

The action described in the scenario involves Person A intentionally swinging a large board at Person B with the intent to harm them. The use of a large board as a weapon can be considered a deadly weapon, as it has the potential to cause serious injury or death. Therefore, this action can be classified as assault with a deadly weapon, which is a felony offense. Battery, on the other hand, refers to the intentional physical contact that results in harmful or offensive touching, but does not involve the use of a deadly weapon.

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30.

PART H (contd.) CHECKUP NO. 9 (CONTD.) SECRETARIES Y AND Z GET INTO AN ARGUMENT OVER PAY RAISES. SECRETARY Y LEAVES THE ARGUMENT TO GO TO THE REST ROOM. SECRETARY Z, STILL ANGRY, HIDES BEHIND A LARGE BOOKCASE. AS Y RETURNS, Z TRIES TO TOPPLE THE BOOKCASE ONTO Y. THE BOOKCASE BARELY MISSES HER. THIS IS:

Assault, a misdemeanor
Assault with a deadly weapon, a felony
Either A or B

Correct Answer

A. Assault, a misdemeanor

Explanation

The given correct answer is "Assault, a misdemeanor." This is because Secretary Z attempted to harm Secretary Y by trying to topple a large bookcase onto her. While the bookcase missed her, the act of attempting to cause harm or fear of harm to someone is considered assault. Since there was no mention of a deadly weapon being used, it is classified as a misdemeanor rather than a felony.

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31.

A MAN WHO HAS PURCHASED A NEW $500.00 LAWN MOWER PUSHES IT OUT TO HIS CAR AND LEAVES IT BESIDE THE TRUNK WHILE HE GOES BACK INTO THE STORE TO GET A SACK OF FERTILIZER. WHILE HE IS GONE, SOMEONE DRIVES UP IN A STATION WAGON, PUTS THE NEW LAWN MOWER IN THE BACK OF THE WAGON, AND DRIVES OFF. WHAT CRIME IS THIS?

Robbery, a felony
Grand Theft, a felony

Correct Answer

A. Grand Theft, a felony

Explanation

The crime in this scenario is Grand Theft, a felony. Grand theft refers to the unlawful taking of someone else's property without their consent and with the intent to permanently deprive them of it. In this case, the person driving up in the station wagon takes the new lawn mower without permission and drives off, which constitutes grand theft. As the value of the lawn mower is $500.00, it meets the criteria for grand theft, which is typically defined as stealing property above a certain value threshold.

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1

32.

A MAN IS SITTING IN THE LOBBY OF AN AUTOMOBILE SHOWROOM. AT 5:00 P.M. THE SECURITY OFFICER STARTS TO LOCK UP FOR THE NIGHT AND ASKS THE MAN TO LEAVE. THE MAN REFUSES, SO THE SECURITY OFFICER ASKS IF THE MAN IS WAITING FOR SOMEONE. THE MAN REPLIES, “NONE OF YOUR BUSINESS.” AGAIN, THE SECURITY OFFICER ASKS THE MAN TO LEAVE. HE REFUSES. THE MAN HAS COMMITTED THE CRIME OF:

Trespassing, a misdemeanor
Disturbing the peace, a misdemeanor

Correct Answer

A. Trespassing, a misdemeanor

Explanation

The correct answer is trespassing, a misdemeanor. The man is sitting in the lobby of an automobile showroom after closing hours and refuses to leave when asked by the security officer. Trespassing refers to the act of unlawfully entering or remaining on someone else's property without permission. In this case, the man's refusal to leave after closing hours constitutes trespassing, which is considered a misdemeanor offense.

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33.

AN ANGRY EMPLOYEE POURS LIGHTER FLUID IN A TRASH CONTAINER IN THE STOCK ROOM, THEN LIGHTS IT WITH A MATCH. THIS IS:

Vandalism, a misdemeanor
Arson, a felony

Correct Answer

A. Arson, a felony

Explanation

The act described in the question involves intentionally setting fire to a trash container using lighter fluid and a match. Arson refers to the deliberate act of starting a fire with the intent to cause damage or harm. In this case, the employee's actions meet the criteria for arson as they intentionally set fire to the trash container, which can be considered a felony offense due to the potential danger and destruction it can cause.

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34.

CHECKUP NO. 9 (CONTD.)YOU DRIVE UP TO A STORE AT 2:00 A.M. AND OBSERVE TWO MEN BREAKING OPEN A DOOR AND BEGINNING TO LOAD A PICKUP TRUCK WITH MERCHANDISE. WHEN THEY SEE YOU, THEY TURN AND RUN. THIS IS:

Burglary, a felony
Robbery, a felony

Correct Answer

A. Burglary, a felony

Explanation

The correct answer is burglary, a felony. Burglary is the unlawful entry into a building or structure with the intent to commit a crime, such as theft. In this scenario, the two men are breaking open a door and loading a pickup truck with merchandise, indicating their intent to steal. Their actions of running away when they see you further suggest their guilt. Robbery, on the other hand, involves the use of force or threat to take someone else's property, which is not evident in this situation.

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35.

PART I PRIVATE PERSONS ARREST Although your normal responsibilities include the preventing of problems and observation of detail after an offense, there may be rare occasions when you consider it necessary to arrest. Every company in the private security industry has different policies about when and if you should arrest. If you don’t know your company’s policy, find out. A guard’s legal powers to arrest are no greater than those of any other private citizen. An arrest made by such a private party is commonly known as a “citizen’s arrest.” According to the Penal Code Section 834, “An arrest is taking a person into custody in a manner authorized by law.” Penal Code Section 834 also goes on to state that, “An arrest may be made by a peace officer or by a private person.” Penal Code Section 837 specifies the conditions under which you, as a private person, may make an arrest. “A private person may arrest another. 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony, although not in his presence. 3. when a felony has been, in fact, committed and he has reasonable cause for believing the person arrested to have committed it.” In making your decision to arrest someone, you must first determine whether the offense is a felony or a misdemeanor. EXAMPLE OF A MISDEMEANOR OFFENSE If you observed a person picking up a rock and throwing it through a plate glass window, that person could be arrested. Breaking a window is a misdemeanor offense and you know that he committed the offense because you saw him do it. Page 45 POWER TO ARREST TRAINING MANUAL (Revised 02/02) 45 PART I (contd.) On the other hand, consider this case: You hear a plate glass window break and rush to the front of the building only to see a group of teenagers laughing and milling around. Two of them point to one of the others and say, “He did it.” In this instance, you would not have grounds for an arrest. It appears an offense has been committed, but you did not actually see the person doing it. REMEMBER: To arrest someone for the commission of a misdemeanor, the offense must be 1) committed, or 2) attempted in your presence! EXAMPLE OF A FELONY OFFENSE You are patrolling an apartment complex and you see an apartment door open. You look inside and see that the place has been burglarized. As you leave the apartment, you see two men carrying large bundles of assorted valuables to a waiting van. They see you and speed up. You call for them to halt, but they load up the van and are in the process of getting into the front seat. You are justified in questioning these men. On the other hand, consider this: You are told by an apartment dweller that he was just burglarized and you see two men walking towards a van with the motor running. The men look around suspiciously but are carrying nothing. You should get descriptions and observe and report. REMEMBER: To arrest someone for committing a felony, 1) the felony must have been committed and 2) you must have reasonable cause for believing that the person you are arresting actually committed the felony. Page 46 POWER TO ARREST TRAINING MANUAL (Revised 02/02) 46 PART I (contd.) CHECKUP NO. 10 NOW, on another sheet of paper, answer the following questions: Analyze the following incidents and decide if you have grounds for arrest. YOU ARE MAKING YOUR ROUNDS AT A SHOPPING CENTER AND COME TO A PICKUP TRUCK PARKED AT THE CURB. IN THE BACK OF THE TRUCK ARE TWO COLOR TV SETS STILL IN THEIR PACKING BOXES. THE TWO MEN IN THE TRUCK LOOK SUSPICIOUS. ACCORDING TO THE LAW YOU CAN ARREST THESE TWO MEN.

True
False

Correct Answer

A. False

Explanation

The correct answer is False because the scenario described does not meet the conditions for a private person to make an arrest. In order to arrest someone, a private person must have reasonable cause to believe that a felony has been committed. In this case, although the two men in the truck may appear suspicious, their behavior alone does not provide enough evidence to establish reasonable cause for believing that they have committed a felony. Therefore, the private person does not have grounds for arrest in this situation.

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36.

YOU ARE ON GUARD AT A FACTORY AND YOU OBSERVE A SUSPECT POURING WHAT APPEARS TO BE GASOLINE ON THE GROUND NEXT TO SOME STORAGE TANKS. AS YOU APPROACH, HE LIGHTS A MATCH AND THROWS IT ON THE LIQUID, IGNITING IT. ACCORDING TO THE LAW YOU CAN ARREST THIS MAN.

True
False

Correct Answer

A. True

Explanation

Based on the given scenario, the suspect is observed pouring what appears to be gasoline on the ground next to some storage tanks and then igniting it with a match. This action poses a serious threat as it can potentially cause a fire or explosion, endangering the safety of the factory and its surroundings. Therefore, according to the law, the person can be arrested for their dangerous and potentially harmful actions.

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37.

ACCORDING TO THE LAW, WHICH OF THE FOLLOWING CONDITIONS MUST EXIST BEFORE YOU CAN MAKE A MISDEMEANOR ARREST?

The suspect must admit to the crime.
The crime must have been committed or attempted in your presence.
Someone told you the suspect did it.

Correct Answer

A. The crime must have been committed or attempted in your presence.

Explanation

In order to make a misdemeanor arrest, the law requires that the crime must have been committed or attempted in the presence of the arresting officer. This means that the officer must have directly witnessed the crime or its attempt. Admitting to the crime or having someone inform the officer about the suspect's involvement is not sufficient for a misdemeanor arrest.

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38.

PART I (CONTD.) CHECKUP NO. 10 (CONTD.)ACCORDING TO THE LAW, WHICH OF THE FOLLOWING CONDITIONS MUST EXIST BEFORE YOU CAN MAKE A FELONY ARREST?

The felony must have been committed and you have reason to believe the person you are arresting actually committed it.
You think a crime has been committed and the person you are arresting is the only person around you.
A citizen tells you he thinks someone was just assaulted.

Correct Answer

A. The felony must have been committed and you have reason to believe the person you are arresting actually committed it.

Explanation

To make a felony arrest, it is necessary for the felony to have already been committed, and there must be reasonable belief that the person being arrested is the one who committed it. This means that the arrest cannot be made solely based on the officer's suspicion or the absence of other individuals at the scene. The answer suggests that both elements, the commission of the felony and the belief of the person's involvement, must be present in order to make a lawful felony arrest.

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39.

PART J MAKING AN ARREST THE SUSPECT According to our legal system, a person is innocent until proven guilty. It is up to the court to decide if a person is guilty - not the police, not the district attorney, and not a private person. When a person is arrested, he is called a suspect. He is then considered a suspect until the court finds him guilty or innocent. Therefore, do not refer to an arrested person as the “criminal,” “offender,” “robber,” “murderer,” “burglar,” or by any other term which implies guilt. You can say “he,” “she,” “they,” “this person,” or “the suspect” since none of these terms imply guilt. MAKING AN ARREST If you should happen to be in a situation where an arrest is called for, you should tell the person that he is under arrest and what the charges are, and your authority to make the arrest. Once you say “You are under arrest for burglary,” the suspect may or may not cooperate. If the suspect resists and tries to escape, you must then decide whether or not to use reasonable force. You may ask as many persons as you think necessary to help you in making the arrest. USE OF FORCE IN AN ARREST If a suspect resists arrest, you are allowed to use reasonable force to subdue him. Reasonable force is that degree of force that is not excessive and is appropriate in protecting oneself or one’s property. If the suspect submits willingly, no force is necessary. If a suspect should resist arrest, remember that the only force allowed is that which is reasonable and necessary to overcome the resistance. WHAT IS EXCESSIVE FORCE? Examples of excessive force include knocking unconscious an unarmed suspect when he is only trying to leave the scene. Handcuffs may be used on persons who have resisted or on suspects you think may be trying to resist or escape. Page 49 POWER TO ARREST TRAINING MANUAL (Revised 02/02) 49 PART J (contd.) WHAT IS DETAINMENT? A person who voluntarily responds to questioning and is not actually restrained (i.e., free to go at any time) is considered to be detained. A person may be detained by the police for further questioning in an investigation, and that person is not necessarily under arrest. The police have the authority to detain a person against his will and still not arrest that person. Security guards do not have the authority to detain a person against their will except under Penal Code Section 490.5 which is covered in detail further on in the study manual. (MERCHANTS PRIVILEGE RULE) WHEN IS A SUSPECT CONSIDERED TO BE UNDER ARREST? It should be clear to the suspect that he is under arrest after you have told the suspect of your intention, cause, and authority to arrest him. However, there are also other actions that may make a suspect feel he is under arrest. If, because of your uniform, badge, hat, or verbal actions, the suspect concludes he must answer your questions or is not free to walk away, he may justifiably claim he was under arrest. WHAT IS THE RIGHT WAY TO APPROACH SUSPECTS? Guilt by association is not a lawful way to make arrests. Let’s look at an example: It is 11:00 p.m. and a guard is making his rounds of the plant when he finds Gate No. 5 open. There are pry marks on the chain that normally holds the gate shut. About 50 yards from the gate is an old pickup truck parked by the side of the road. The hood is up, and two men are bent over looking at the motor. The guard walks over and says, “All right, you guys. What are you doing here?” One of the men responds by saying, “What’s it to you pal?” The guard answers angrily, “Look, you better tell me what you’re doing here or you’re in trouble!” Neither man replies. One of them gets into the driver’s seat and turns over the engine. The guard then asks, “Didn’t you hear what I said?” The other man says, “Leave us alone.” The guard moves to the front of the truck and grabs the man’s arm, stating, “You guys aren’t going anywhere until you answer a few questions.” Page 50 POWER TO ARREST TRAINING MANUAL (Revised 02/02) 50 PART J (contd.) ANALYSIS Finding the gate open with pry marks on the chain does not necessarily mean that a crime has been committed. There are a number of possible explanations short of forced entry. Next, there is nothing to tie the two men to forcing the gate open except that their truck was parked nearby. The guard cannot demand that the men answer his questions. The guard’s attitude, tone of voice, uniform, and badge could easily have made the men believe that they were being arrested. If the guard refused to let them leave and if it turned out they had nothing to do with forcing the gate, the men could sue the guard for false arrest and for battery, because the guard grabbed the man’s arm. WHAT THE GUARD SHOULD HAVE DONE First, he should have examined the condition of the gate carefully, recorded the license number of the truck, and obtained a description of the two men. Next, the guard should have secured the gate and reported its condition to his supervisor, being careful to watch for other suspicious activity. The guard may or may not decide to talk with the two men. He might enter into a friendlier conversation with them by asking if they had seen anyone near the gate. If they are not cooperative, there is nothing the guard can do except observe closely. The guard should never touch another person except when reasonable force is necessary when placing him under arrest. A BETTER APPROACH Remember the part about friendly conversation? Although you cannot demand answers from a person, you can always engage them in casual conversation. Here is a better approach: “Hi! Got car troubles?” One of the men replies, “Yeah! This darn thing shorts out every once in a while.” The guard then asks, “Say, have you seen anybody around the gate?” The men reply, “No, we haven’t seen anyone except you.” The guard says, “How long have you been here?” “Oh, maybe five minutes.” “Well, thanks for your help. If you need to call for road service, I can make the call for you.” “Thanks anyway, but we’ll get it going.” The guard then walks away. The security guard may not have gotten much information, but at least he had a chance to observe each man closely and check their activities without running the risk of bad public relations or a false-arrest suit. Page 51 POWER TO ARREST TRAINING MANUAL __ (Revised 02/02) 51 PART J (contd.) CHECKUP NO. 11 NOW, answer the following questions: WHAT SHOULD YOU SAY TO A PERSON YOU ARE ARRESTING FOR BURGLARY?

State your intent to arrest.
State the charge, which is suspicion of burglary.
State your authority to make the arrest.
All of the above.

Correct Answer

A. All of the above.

Explanation

When making an arrest for burglary, it is important to clearly communicate your intent to arrest, state the charge of suspicion of burglary, and state your authority to make the arrest. By doing all of these things, you ensure that the suspect is fully aware of the situation and the reasons for their arrest. This helps to maintain transparency and clarity in the arrest process.

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40.

ONCE YOU DETAIN A PERSON AGAINST HIS WILL, YOU HAVE PLACED HIM UNDER ARREST.

TRUE
FALSE

Correct Answer

A. TRUE

Explanation

This statement is true because detaining a person against their will is a form of restricting their freedom, which is a key element of an arrest. When someone is detained, they are not free to leave and their movement is restricted, similar to being under arrest. Therefore, once a person is detained against their will, they are effectively placed under arrest.

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41.

IF YOU ARE STRUGGLING WITH A SUSPECT IN TRYING TO GET HIM UNDER CONTROL AND THERE ARE A NUMBER OF BYSTANDERS, WHAT DOES THE LAW SAY YOU CAN DO?

Ask the bysanders to help you.
Demand that the bystanders help you.
Demand the bystanders call the police

Correct Answer

A. Ask the bysanders to help you.

Explanation

In a situation where you are struggling with a suspect and there are bystanders present, the law allows you to ask the bystanders for help. This means that you can request their assistance in getting the suspect under control. However, the law does not require or demand that the bystanders help you or call the police. It is up to the bystanders to decide whether or not they want to assist you in the situation.

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42.

UNDER WHAT CONDITIONS MAY "REASONABLE FORCE" BE USED AGAINST A SUSPECT?

Protection of self
Protection of others
To overcome suspect resistance
Any of the above.

Correct Answer

A. Any of the above.

Explanation

"Reasonable force" may be used against a suspect under any of the given conditions: for the protection of oneself, for the protection of others, or to overcome suspect resistance. In other words, if any of these conditions are present, it is considered acceptable to use reasonable force against a suspect.

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43.

PART K SEARCHING THE SUSPECT You should avoid searching a suspect. Laws protect the rights of suspects who are being searched. This section explains what you should and should not do. You are not allowed to search someone in order to find evidence for making an arrest. When you see someone steal something you have been hired to protect, you may first arrest the person by telling him he’s under arrest for theft. Then you may physically detain him for the police to search him. You should not give the suspect an opportunity to dispose of any items taken. If the suspect tells you he’s going to shoot you, and you have every reason to believe he has a weapon, then you have the right to search him. If you have reasonable cause to believe you are in physical danger by detaining the suspect, you may search him for weapons only. REMEMBER You may search for only one thing - WEAPONS. METHOD OF “FRISK” SEARCHING FOR WEAPONS A frisk is nothing more than a quick check to see if a suspect has a concealed weapon. This should occur after the suspect is arrested. To frisk a suspect, follow these steps: A. Stand behind the suspect B. Run your hands over the outside of the clothing C. Pat those areas where a weapon might be concealed D. Remove anything that feels like a weapon CAUTION Do not remove any article that does not feel like a weapon. Page 53 POWER TO ARREST TRAINING MANUAL (Revised 02/02) 53 PART K (contd.) IMPORTANT Always use discretion when touching a suspect of the opposite sex. Whenever possible have a member (security guard) of the same sex conduct the frisk, and always try to have witnesses to the frisk. STAY ALERT! Don’t relax after a frisk or take your eyes off the suspect after you have completed the frisk. He may still have a weapon you did not find! Some of the places where a suspect might conceal a weapon are shown in the illustration on the next page. The frisk should be done quickly, and if possible, with another guard standing by. Practice the frisk on a partner by having him conceal a small object. During a frisk, you may also discover illegal items called contraband. The most common type of contraband is narcotics. If you discover contraband while you are frisking for concealed weapons, leave it alone and tell the police when they arrive. Page 54 POWER TO ARREST TRAINING MANUAL (Revised 02/02) 54 PART K (contd.) CHECKUP NO. 12 NOW, answer the following questions: ACCORDING TO THE TEXT, YOU SHOULD:

Not search a suspect unless you have reason to believe he has a weapon.
Search all suspects immediately.
Search only persons suspected of major crimes.
Search only those persons with a police record.

Correct Answer

A. Not search a suspect unless you have reason to believe he has a weapon.

Explanation

The explanation for the correct answer is that according to the text, you should not search a suspect unless you have reason to believe he has a weapon. The text clearly states that a frisk search should only be conducted after the suspect is arrested and should only be done to check for concealed weapons. It also emphasizes that discretion should be used when touching a suspect of the opposite sex and that witnesses should be present during the frisk. Therefore, searching all suspects immediately, searching only persons suspected of major crimes, or searching only those persons with a police record are not supported by the information provided in the text.

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44.

WHAT MUST YOU DO BEFORE YOU FRISK A SUSPECT?

Handcuff the suspect
Arrest the suspect
Tie the suspect's hands over his head.
Write you a report.

Correct Answer

A. Arrest the suspect

Explanation

Before frisking a suspect, it is necessary to first arrest the suspect. Frisking is a procedure used by law enforcement officers to pat down a suspect's outer clothing in order to search for weapons or other potential threats. However, before conducting a frisk, it is crucial to have legal grounds for the arrest. Once the suspect is lawfully arrested, the officer can then proceed with the frisk to ensure their safety and the safety of others.

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45.

A FRISK BY A SECURITY GUARD IS A SEARH FOR:

Weapons only
Stolen property
Weapons or stolen property
Anything

Correct Answer

A. Weapons only

Explanation

A frisk by a security guard is a search for weapons only. This means that the security guard is specifically looking for any potential weapons that a person may be carrying. The purpose of the frisk is to ensure the safety and security of the premises or event by identifying and confiscating any dangerous objects. The frisk does not involve searching for stolen property or any other items, as it focuses solely on weapons.

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46.

ILLUSTRATION OF FRISK PART L SEARCHING A SUSPECT UNDER THE MERCHANT’S PRIVILEGE RULE The Merchant’s Privilege Rule is found in the California Penal Code Section 490.5. Subdivisions (f) and (g) of this statute provide legal authority for a merchant or their employee or agent, including a security officer, to detain persons suspected of shoplifting in a retail store. In part, the law says that: “(f)(1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant’s premises. (2) In making the detention a merchant may use a reasonable amount of non-deadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of property. (3) During the period of detention any items which a merchant has probable cause to believe were unlawfully taken from the premises of the merchant and which are in plain view may be examined by the merchant for purposes of ascertaining the ownership thereof. (4) A merchant or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, may request the person detained to voluntarily surrender the item. Should the person detained refuse to surrender the item of which there is probable cause to believe has been unlawfully taken from the premises, or attempted to be unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity.” The important things to remember when working for a retail merchant are: 1. That a suspected shoplifter can be detained where there is reasonable cause to believe that the suspect has unlawfully taken or attempted to take an item from the store. This is not an arrest, but merely a detention in order to investigate further the reasonable belief that a theft has occurred or was attempted. 2. That reasonable non-deadly force may be used to carryout the detention where the suspect resists. 3. That following a request to surrender the item believed taken, you may search his/her belongings (limited to shopping bags, handbags, and other items) in the immediate possession of the suspect, but not a search of clothing or apparel worn by the suspect. 4. That following the detention, and if it is established that shoplifting has occurred or was attempted, and if criminal charges are to be pursued, the suspect must be given over to law enforcement authorities. This must occur within a reasonable period of time following detention. 5. Mall security personnel should be very aware of the fact that they protect mall property and that the individual stores in that mall are privately owned and rent space from the mall owners. With this in mind, unless the mall owners have a signed agreement with the stores that the security department in the mall have the permission to act as individual store security, security personnel may not use Penal Code Section 490.5 inside individual stores. PART M AFTER THE ARREST WHAT SHOULD A SECURITY GUARD DO AFTER AN ARREST? After you arrest someone, you must turn him over to the police WITHOUT DELAY. You should write down the time you (1) made the arrest, and (2) called the police. If you delay too long in calling the police, you may be guilty of an illegal detention even though you might have spent the time questioning the suspect. WHAT IS REASONABLE DELAY? Reasonable delays, however, are usually acceptable. For example, if you had to walk a half-mile to get to the nearest phone or wait at your post for your partner to relieve you, these would be considered reasonable delays. However, if a phone is handy and you wait an hour before calling, this could be considered an unreasonable delay. WHAT IS THE PEACE OFFICERS RESPONSIBILITY? If you have made a legal arrest, the police, by law, must take custody of the suspect. Custody means “to take charge of.” If the suspect is charged with a serious offense, the police will probably take him down to the station to take fingerprints and make a photo identification. Also, they might not release the suspect unless bail is posted. Taking custody of suspects charged with less serious offenses may not involve going to the police station. The police may choose simply to cite and release the suspect pending a hearing. This is also considered “taking into custody.” The police will take down a statement of what happened, so you should take care to observe as many factual details as possible. The police will also investigate to collect evidence. You may also be asked to testify at the trial. RELEASE FROM CUSTODY If the peace officer decides to release the suspect, Penal Code section 849 (c) provides that the peace officer should give a signed statement of the ordered release to the citizen who made the arrest. PART M (contd.) PRIVATE PERSON’S ARREST - MISDEMEANOR If the suspect is charged with a misdemeanor (such as trespassing, petty theft, or disturbing the peace), you will be recorded as the person making the arrest. You cannot arrest a suspect for a misdemeanor unless you actually see a violation happen. If you arrest a suspect, you must call the police. When they arrive, turn the suspect over to them and make your statement. Other things you will be expected to do if you make a misdemeanor arrest include: 1. Meeting with the district attorney (usually the next day) to discuss the case and give a sworn statement regarding what happened. 2. Attending the suspect’s hearing. 3. Testifying at the suspect’s trial.PART M (contd.)CHECKUP NO. 13Now, answer the following questions: HOW SOON MUST YOU TURN A SUSPECT OVER TO THE PEACE OFFICER AFTER AN ARREST?

As soon as possible
At any time
After reporting to your supervisor

Correct Answer

A. As soon as possible

Explanation

After making an arrest, it is important for a security guard to turn the suspect over to the police as soon as possible. This means that there should not be any unnecessary delays in contacting the police and handing over the arrested individual. The guard should record the time of the arrest and the time of contacting the police to ensure that there is no unreasonable delay. Failure to promptly turn over the suspect to the police can result in the guard being guilty of illegal detention.

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47.

IT WOULD BE LAWFUL IF YOU HELD A SUSPECT FOR TWO HOURS SO YOUR SUPERVISOR COULD QUESTION HIM BEFORE YOU CALLED THE POLICE.

True
False

Correct Answer

A. False

Explanation

It is not lawful to hold a suspect for two hours without calling the police. This violates the suspect's rights and due process. The police should be called immediately when a suspect is detained, and any questioning should be done in the presence of the police or after their arrival. Holding a suspect without involving the police is not a lawful practice.

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48.

IF YOU HAVE MADE A LAWFUL ARREST, THE LOCAL PEACE OFFICER:

Must take custony of the suspect only if the crime is a felony
Must take custody of the suspect only if the crime is a misdemeanor
Must take custody of the suspect regardless of whether the crime is a misdemeanor or a felony
Can refuse to take custody of the suspect

Correct Answer

A. Must take custody of the suspect regardless of whether the crime is a misdemeanor or a felony

Explanation

The local peace officer must take custody of the suspect regardless of whether the crime is a misdemeanor or a felony. This means that if a lawful arrest has been made, the officer is obligated to take the suspect into custody, regardless of the severity of the crime committed.

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49.

IF THE CRIME COMMITTED IS A FELONY, WHO WILL MAKE THE ARREST?

A security guard
The police
Eiter A or B

Correct Answer

A. Eiter A or B

Explanation

The correct answer is "Either A or B." This means that if the crime committed is a felony, either a security guard or the police can make the arrest. The specific circumstances and jurisdiction will determine who has the authority to make the arrest in a given situation.

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Roles And Responsibility Of The Security Guard: Trivia Quiz!

A security guard's role is the same as that of a peace officer.

Quiz Preview

WHAT IS THE RESPONSIBILITY OF THE SECURITY GUARD BEFORE AN INCIDENT/OFFENSE HAS OCCURRED?

IT IS AGAINST THE LAW FOR A SECURITY GUARD TO:

YOU ARE HIRED BY A BAR/RESTAURANT AS A SECURITY GUARD. AN ANGRY CUSTOMER REFUSES TO PAY HIS CHECK. YOUR JOB IS TO:

DURING AN EMERGENCY ON THE EMPLOYER’S OR CLIENT'S PROPERTY, A PEACE OFFICER INSTRUCTS A SECURITY GUARD TO STAND OUT OF THE WAY BEHIND A POLICE LINE, THE GUARD MUST:

Which of the following statements are conclusions:

What six points should be included in a report?

EMPLOYEES ARE TOLD THEY MAY NOT ENTER THE FACTORY WITHOUT THEIR IDENTIFICATION BADGES. ONE EMPLOYEE SHOWS UP WITHOUT HIS BADGE AND TRIES TO ENTER. HE IS VIOLATING:

IF YOU ASKED THE EMPLOYEE REFERRED TO IN QUESTION #13 TO LEAVE AND HE REFUSES, HE IS VIOLATING A PUBLIC LAW.

AN EMPLOYEE WHO IS LEAVING WORK WALKS UP TO YOU AND HANDS YOU HIS LUNCH PAIL FOR INSPECTION. WHAT SHOULD YOU DO?

YOU ARE WALKING THROUGH THE PARKING LOT AND OBSERVE COMPANY EQUIPMENT IN THE BACK SEAT OF A CAR THROUGH A CLOSED BUT UNOBSTRUCTED WINDOW OF THE VEHICLE. YOU MAY:

YOU MAY CARRY A GUN IF YOU HAVE A SECURITY GUARD REGISTRATION CARD ONLY.

WHAT TYPE OF LIABILITY REFERS TO THE RIGHT A PARTY HAS TO INITIATE A LAWSUIT?

What type of liabilities refer to public laws?

WHILE YOU ARE ON DUTY AT A SHOPPING CENTER, YOU SEE A 12 YEAR OLD JABBING AN ICE PICK INTO A PATRON'S CAR TIRES. YOU SHOULD FIRST:

A MAN IS SMASHING TABLES AND CHAIRS AT A BAR YOU ARE GUARDING. HE IS ABOUT 6' 8" AND WEIGHS 280 LBS. YOU SHOULD:

YOU ARE GUARDING A JEWELRY STORE AT CLOSING TIME. THE LAST PATRON HAS LEFT AND YOUR EMPLOYER IS ABOUT TO LOCK UP. YOU NOTICE A MAN SITTING IN A CAR AND THE MOTOR IS RUNNING. YOU CLEARLY SEE HE HAS A GUN IN HIS HAND. YOU SHOULD FIRST:

YOU ARE WORKING AT A DANCE WHERE EVERYTHING IS QUIET. DOWN THE STREET TWO MEN GET INTO A FIGHT. YOU SHOULD:

YOU ARE PATROLLING A SHOPPING AREA WHEN YOU SEE A JUVENILE RIDING A SKATEBOARD. YOU KNOW THAT SKATING IS AGAINST THE MALL POLICY. YOUR BEST COURSE OF ACTION WOULD BE TO:

A FAMILY RETURNS HOME TO DISCOVER THEIR HOUSEHOLD FURNISHINGS ARE MISSING. THEY MAY BE VICTIMS OF:

AN EX-EMPLOYEE OF A SUPERMARKET WAITS IN HER CAR UNTIL THE MANAGER CLOSES THE BUIDING AND WALKS TOWARD HIS CAR. SHE STEPS OUT OF HER CAR, POINTS A GUN AT HIM, AND FIRES THREE SHOTS, KILLING HIM. WHAT CRIME MAY HAVE BEEN COMMITTED?

PERSON "A" IS ANGERED BECAUSE PERSON "B" WAS DANCING WITH "A'S" GIRLFRIEND. "A" WAITS OUTSIDE THE DOOR WITH A LARGE BOARD HE PICKED UP FROM A CONSTRUCTION SITE. WHEN "B" COMES OUT OF THE BUILDING, "A" SWINGS THE BOARD AND HITS "B" IN THE FACE. THIS IS:

AN ANGRY EMPLOYEE POURS LIGHTER FLUID IN A TRASH CONTAINER IN THE STOCK ROOM, THEN LIGHTS IT WITH A MATCH. THIS IS:

CHECKUP NO. 9 (CONTD.)YOU DRIVE UP TO A STORE AT 2:00 A.M. AND OBSERVE TWO MEN BREAKING OPEN A DOOR AND BEGINNING TO LOAD A PICKUP TRUCK WITH MERCHANDISE. WHEN THEY SEE YOU, THEY TURN AND RUN. THIS IS:

YOU ARE ON GUARD AT A FACTORY AND YOU OBSERVE A SUSPECT POURING WHAT APPEARS TO BE GASOLINE ON THE GROUND NEXT TO SOME STORAGE TANKS. AS YOU APPROACH, HE LIGHTS A MATCH AND THROWS IT ON THE LIQUID, IGNITING IT. ACCORDING TO THE LAW YOU CAN ARREST THIS MAN.

ACCORDING TO THE LAW, WHICH OF THE FOLLOWING CONDITIONS MUST EXIST BEFORE YOU CAN MAKE A MISDEMEANOR ARREST?

PART I (CONTD.) CHECKUP NO. 10 (CONTD.)ACCORDING TO THE LAW, WHICH OF THE FOLLOWING CONDITIONS MUST EXIST BEFORE YOU CAN MAKE A FELONY ARREST?

ONCE YOU DETAIN A PERSON AGAINST HIS WILL, YOU HAVE PLACED HIM UNDER ARREST.

IF YOU ARE STRUGGLING WITH A SUSPECT IN TRYING TO GET HIM UNDER CONTROL AND THERE ARE A NUMBER OF BYSTANDERS, WHAT DOES THE LAW SAY YOU CAN DO?

UNDER WHAT CONDITIONS MAY "REASONABLE FORCE" BE USED AGAINST A SUSPECT?

WHAT MUST YOU DO BEFORE YOU FRISK A SUSPECT?

A FRISK BY A SECURITY GUARD IS A SEARH FOR:

IT WOULD BE LAWFUL IF YOU HELD A SUSPECT FOR TWO HOURS SO YOUR SUPERVISOR COULD QUESTION HIM BEFORE YOU CALLED THE POLICE.

IF YOU HAVE MADE A LAWFUL ARREST, THE LOCAL PEACE OFFICER:

IF THE CRIME COMMITTED IS A FELONY, WHO WILL MAKE THE ARREST?