Department Of Consumer Affairs' Power To Arrest Quiz

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Department Of Consumer Affairs

Step into the world of security and law enforcement with our "Department of Consumer Affairs' Power to Arrest Training Manual Quiz." This quiz is designed to test your knowledge and comprehension of the critical principles outlined in the Power to Arrest Training Manual. Delve into the essentials of lawful detainment, understanding arrest authority, and the proper procedures for ensuring public safety. Whether you're a security professional seeking to reinforce your training or an individual interested in understanding the legal aspects of arrests, this quiz provides a comprehensive assessment. Navigate through scenarios and regulations to solidify your understanding of the Power Read moreto Arrest guidelines, ensuring you are well-equipped to uphold security and adhere to legal protocols. Elevate your knowledge in law enforcement with this informative and engaging quiz based on the Department of Consumer Affairs' Power to Arrest Training Manual.


Questions and Answers
  • 1. 

      Roles and Responsibilities of the Security Guard (Part A)     It is important to remember: As a security guard, you are NOT a peace officer!   How are security guards DIFFERENT from peace officers?   Security guards do not have The same job duties as peace officers;   The same training; or    The same powers as peace officers, according to the law.       What happens when a security guard pretends to be a peace officer?   Any security guard  who pretends or even implies (lets others think) that he is a peace officer is committing a crime. A person who is found guilty of impersonating a peace officer could be punished by a fine or county jail sentence and his registration may be denied or revoked.   What are  a security guard’s ROLES AND RESPONSIBILITIES?   A security guard’s role is to PROTECT people and property of his employer or contracted clients. A security guard’s responsibility BEFORE an incident/offense has occurred is PREVENTION. A security guard’s responsibility DURING or AFTER an incident/offense has occurred is to OBSERVE and REPORT.   How should security guards PERFORM their job?   The major responsibility of a security guard is prevention BEFORE an incident/offense occurs.   Thus, a security guard should be highly visible.   By being seen, the guard may discourage anyone who might be considering theft, damage, or personal injury.   A security guard’s job is PREVENTION.  To do the job well, the security guard  MUST  Be alert, Listen, and Watch.  What is a sign that a security guard is doing a good job?   The absence of incidents or offenses (crimes) is one sign that a security guard is doing a good job. What should a security guard do if an incident/offense does occur? If an offense occurs, a guard does not charge in.  Instead, the security guard should Stay Calm, Observe and remember events,  Report to the police/or the security guard’s supervisor (fellow employer policy).   AT THE END OF EACH SECTION OF THIS MANUAL,  you will be asked several questions to help you CHECKUP on how well you UNDERSTOOD  and REMEMBERED what you read. CHECK UP No. 1   The primary role of a security guard is to:      

    • A.

      Enforce the law

    • B.

      Protect people and property

    • C.

      Act like a peace officer

    • D.

      Arrest law breakers

    Correct Answer
    B. Protect people and property
    Explanation
    The primary role of a security guard is to protect people and property. They are responsible for preventing incidents or offenses from occurring and ensuring the safety of their employer or contracted clients. They are not peace officers and do not have the authority to enforce the law or arrest law breakers. Their main focus is on observation, prevention, and reporting.

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  • 2. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The statement is false because a security guard's role is not the same as that of a peace officer. While both may be involved in maintaining safety and security, a peace officer typically has legal authority and is employed by a government agency, such as the police, whereas a security guard is usually hired by a private company and has limited authority. Peace officers have the power to enforce laws, make arrests, and carry firearms, whereas security guards typically have more limited responsibilities and authority.

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  • 3. 

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

    • A.

      Detain and punish

    • B.

      Stay out of sight

    • C.

      Prevent

    • D.

      Search and seize

    Correct Answer
    C. Prevent
    Explanation
    The responsibility of a security guard before an incident/offense has occurred is to prevent it from happening in the first place. This involves being vigilant, observing the surroundings, and taking necessary actions to deter any potential threats or illegal activities. By proactively identifying and addressing potential risks, security guards can help maintain a safe and secure environment for the people they are responsible for protecting.

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  • 4. 

    IT IS AGAINST THE LAW FOR A SECURITY GUARD TO:

    • A.

      Arrest someone

    • B.

      Protect property

    • C.

      Observe and report

    • D.

      Make someone think he is an officer

    Correct Answer
    D. Make someone think he is an officer
    Explanation
    A security guard is not allowed to make someone think that he is an officer. This is because impersonating a law enforcement officer is illegal and can lead to confusion and potential harm. Security guards are responsible for protecting property, observing and reporting any suspicious activities, and in some cases, making arrests if necessary. However, they should never pretend to be an officer as it is against the law.

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  • 5. 

    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:

    • A.

      Go over and try to break up the fight

    • B.

      Call the police if you can remain on post

    Correct Answer
    B. Call the police if you can remain on post
    Explanation
    In this scenario, the correct answer is to call the police if you can remain on post. As a security guard, your primary responsibility is to protect the specific people and property assigned to you. While a fight is occurring across the street, it is not within your jurisdiction to intervene and break up the fight. Your role is to observe and report any suspicious or illegal activities to the appropriate authorities, which in this case would be the police. However, it is important to note that if you are unable to remain on post while calling the police, you should prioritize your own safety and seek assistance from nearby authorities or colleagues.

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  • 6. 

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

    • A.

      Arrest him and everyone in his party

    • B.

      Keep the peace and follow restaurant policy

    Correct Answer
    B. 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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  • 7. 

    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.        

    • A.

      Yes

    • B.

      No

    Correct Answer
    B. No
    Explanation
    The correct answer is No. The explanation for this answer is that a security guard's lawful authority is not the same as that of a peace officer. A peace officer has the legal authority to enforce laws and make arrests, while a security guard's role is to protect specific people or property and prevent incidents. It is important for security guards to understand their limitations and not try to act as a peace officer, as it can lead to legal issues and strain their working relationship with local law enforcement.

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  • 8. 

    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:

    • A.

      Refuse as the guard's duties are different from those of the peace officer.

    • B.

      Cooperate and follow the lawful orders of the peace officer.

    • C.

      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
    B. 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. This is because during an emergency, the peace officer is in charge of maintaining public safety and security. The security guard's duty is to assist and support the peace officer in their efforts. Refusing to follow the orders of the peace officer would hinder their ability to effectively handle the situation. Apprehending individuals violating the law is not within the security guard's jurisdiction unless specifically instructed to do so by the peace officer.

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  • 9. 

    (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:  

    • A.

      Never play cop.

    • B.

      Cooperate with law enforcement.

    • C.

      Both A and B.

    Correct Answer
    C. 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 can lead to interfering with their work and potentially causing more harm than good. Cooperation, on the other hand, involves providing any necessary information or assistance to the law enforcement when needed. By both avoiding the role of a police officer and cooperating with law enforcement, guards can establish a positive and effective working relationship with them.

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  • 10. 

    Which of the following statements are conclusions:

    • A.

      He intended to kill her

    • B.

      She was trying to steal the ring from the jewelry counter

    • C.

      He ran to the fence.

    • D.

      He opened the window and entered.

    Correct Answer(s)
    A. He intended to kill her
    B. She was trying to steal the ring from the jewelry counter
    Explanation
    The given 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 judgments that are drawn based on the information provided in the sentences. These statements are not presented as facts but rather as interpretations or inferences made by the speaker. On the other hand, the statements "He ran to the fence" and "He opened the window and entered" are not conclusions but rather descriptions of actions.

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  • 11. 

    What six points should be included in a report?

    • A.

      Who, What, When, How, Where, Why

    • B.

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

    • C.

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

    Correct Answer
    C. 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 provide a comprehensive overview of the incident or event being reported. The "who" identifies the individuals involved, the "what" describes the details of the incident, the "when" specifies the time of occurrence, the "where" indicates the location, the "how" explains the manner in which it happened, and the "names of witnesses" provide additional evidence or testimonies. Including all these points ensures that the report is thorough and informative.

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  • 12. 

    (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:  

    • A.

      No more than any private person’s.

    • B.

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

    • C.

      The same as peace officer’s.

    Correct Answer
    B. The same as the owner of the property and greater than that of other private parties.
    Explanation
    A security guard's authority to question people on private property owned by their employer or client is the same as the owner of the property and greater than that of other private parties. This means that the security guard has the right to ask people on the property what they are doing there and who they are. If the individuals refuse to answer or their answers are not satisfactory, the guard can ask them to leave and may even arrest them for trespassing. This authority is specific to the property where the guard is on duty and does not extend to other private individuals.

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  • 13. 

    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.

      A company rule

    • B.

      A public law

    • C.

      Both a company rule and a public law

    Correct Answer
    A. A company rule
    Explanation
    The employee who shows up without his identification badge and tries to enter the factory is violating a company rule. This is because the company has explicitly stated that employees are not allowed to enter the factory without their identification badges. This rule is specific to the company's policies and procedures, and does not involve any public laws or regulations.

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  • 14. 

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

    • A.

      Yes

    • B.

      No

    Correct Answer
    A. Yes
    Explanation
    If an employee is asked to leave and refuses, he is violating a public law. This suggests that there is a specific public law that requires individuals to comply with requests to leave a certain place or situation. By refusing to leave, the employee is acting against this law.

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  • 15. 

    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?

    • A.

      Never inspect without cooperation from the employee.

    • B.

      Never touch the employee.

    • C.

      Never touch the employee’s belongings.

    • D.

      All the rules above.

    Correct Answer
    D. All the rules above.
    Explanation
    The correct answer is "All the rules above." This is because the passage states that an inspection should always be conducted with the employees' cooperation, and the security guard should never touch the employee or handle their belongings. Therefore, it is important to remember all of these rules when conducting inspections of employees' personal belongings.

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  • 16. 

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

    • A.

      Accept it and open it to look inside.

    • B.

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

    • C.

      Take it but have him open it.

    Correct Answer
    B. Decline to take it and instead ask him to open it so you can inspect the contents.
    Explanation
    It is important to prioritize safety and security in the workplace. By declining to take the lunch pail and asking the employee to open it themselves, you can ensure that any potentially harmful or prohibited items are not brought into the workplace. Asking the employee to open it also maintains their responsibility for the contents of their own belongings.

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  • 17. 

    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:

    • 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.

    • B.

      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
    In this situation, it is important to respect the privacy and property rights of others. By looking closely through the window without entering the vehicle, you can gather information about the equipment, vehicle details, and its location in the parking lot. This allows you to provide a detailed report to your employer or client, who can then take appropriate action if necessary. Entering the vehicle without permission would be considered trespassing and could potentially escalate the situation.

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  • 18. 

    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:

    • A.

      Intimidation

    • B.

      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 threats to try to get the suspect to talk, which is an inappropriate and unlawful action.

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  • 19. 

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

    • A.

      Yes

    • B.

      No

    Correct Answer
    B. No
    Explanation
    The statement suggests that carrying a gun is only allowed if you have a security guard registration card. The correct answer is "No" because this statement is incorrect. Carrying a gun is subject to various laws and regulations, and simply having a security guard registration card does not automatically grant the right to carry a gun.

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  • 20. 

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

    • A.

      Criminal liability

    • B.

      Civil liability

    Correct Answer
    B. Civil liability
    Explanation
    Civil liability refers to the legal responsibility of a party to compensate another party for any harm or damage caused. In this context, it specifically refers to the right a party has to initiate a lawsuit in civil court to seek compensation for any harm or loss suffered due to the actions or negligence of another party. Criminal liability, on the other hand, pertains to the legal responsibility for committing a crime and is typically prosecuted by the government in criminal court.

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  • 21. 

    What type of liabilities refer to public laws?

    • A.

      Criminal Liability

    • B.

      Civil Liability

    Correct Answer
    A. Criminal Liability
    Explanation
    Criminal liability refers to the legal responsibility an individual or entity bears for committing a crime, as defined by public laws. It involves offenses against the state or society and can result in punishment, such as fines or imprisonment. Civil liability, on the other hand, relates to legal obligations arising from private disputes between individuals or organizations. Therefore, criminal liability is the correct answer as it specifically pertains to public laws.

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  • 22. 

    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.

      Pick him up and throw him out of the parking lot

    • B.

      Get a good description and call the police

    • C.

      Run at him and yell so he'll run appay

    • D.

      Approach him and tell him to stop

    Correct Answer
    D. Approach him and tell him to stop
    Explanation
    Approaching the 12-year-old and telling him to stop is the appropriate first step in this situation. This 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 and ensure the safety of others.

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  • 23. 

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

    • A.

      Consider your safety and the safety of others

    • B.

      Request patrons of the bar to clear the area

    • C.

      Call the police for assistance

    • D.

      Take all of the measures above

    Correct Answer
    D. Take all of the measures above
    Explanation
    In this situation, it is important to prioritize safety. The man is causing destruction and poses a threat to both you and the patrons of the bar. Taking all of the measures above ensures that you are considering your safety and the safety of others. Requesting patrons to clear the area helps to protect them from harm, while calling the police for assistance ensures that professionals can handle the situation appropriately. By taking all of these measures, you are taking the necessary steps to handle the situation effectively and minimize potential risks.

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  • 24. 

    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:

    • A.

      Run out to the car with your gun drawn and tell him to freeze

    • B.

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

    • C.

      Walk to the car and order the man to leave.

    Correct Answer
    B. Have the owner call the police and get a description if possible
    Explanation
    In this situation, the best course of action is to have the owner call the police and get a description if possible. Engaging directly with the armed individual can escalate the situation and put oneself at risk. By contacting the police and providing them with a description, they can assess the situation and take appropriate action to ensure everyone's safety.

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  • 25. 

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

    • 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.

    • B.

      Call someone over to watch the dance while you go down the street to break up the fight.

    • C.

      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
    The correct answer is to stay where you are and call the police if the fight doesn't involve leaving your post. As a guard hired specifically to protect the dance, it is your responsibility to stay at your designated location and ensure the safety of the event. Leaving your post to break up the fight would be a breach of your duty and could potentially leave the dance vulnerable to other security risks. By calling the police, you can alert the authorities who are trained to handle such situations and can effectively handle the fight without compromising the security of the dance.

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  • 26. 

    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.

      Handle the matter formally as a criminal offense.

    • B.

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

    Correct Answer
    B. Politely approach the boy and inform him of shopping mall policy regarding skating in the mall.
    Explanation
    The best course of action would be to politely approach the boy and inform him of the shopping mall policy regarding skating. This approach allows for a non-confrontational interaction where the boy can be made aware of the policy and given a chance to comply. Handling it formally as a criminal offense may be an excessive response for a minor violation like skating and could escalate the situation unnecessarily.

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  • 27. 

    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:

    • A.

      Kidnaping, a felony

    • B.

      Robbery, a felony

    Correct Answer
    A. Kidnaping, a felony
    Explanation
    The given scenario describes a situation where two men forcibly grab an employee, shove him into their car, and drive away. This is identified as kidnapping, which is a felony offense.

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  • 28. 

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

    • A.

      Burglary, a felony

    • B.

      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 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 entered their home without permission and stolen their belongings. This constitutes a burglary, which is a felony offense.

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  • 29. 

    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?

    • A.

      Arson, a felony

    • B.

      Murder, a felony

    Correct Answer
    B. Murder, a felony
    Explanation
    The correct answer is Murder, a felony. The ex-employee of the supermarket intentionally waited for the manager to close the building and approached his car. She then shot him three times, resulting in his death. This act clearly demonstrates premeditation and an intent to cause harm, which is indicative of murder. Additionally, taking someone's life unlawfully is considered a serious crime and classified as a felony.

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  • 30. 

    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:

    • A.

      ASSAULT WITH A DEADLY WEAPON, A FELONY

    • B.

      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 or cause fear. The board can be considered a deadly weapon as it is capable of causing serious bodily harm or even death. Therefore, this action falls under the category of assault with a deadly weapon, which is a felony offense. Battery, on the other hand, refers to the actual physical contact or harmful touching, which is not explicitly mentioned in the scenario.

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  • 31. 

    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:

    • A.

      Assault, a misdemeanor

    • B.

      Assault with a deadly weapon, a felony

    • C.

      Either A or B

    Correct Answer
    A. Assault, a misdemeanor
    Explanation
    The given scenario describes an act of assault, where Secretary Z intentionally tries to harm Secretary Y by toppling a bookcase onto her. Assault is typically considered a misdemeanor, as it involves the threat of physical harm or unwanted physical contact. In this case, even though Secretary Y was not physically harmed, the act of attempting to topple a heavy bookcase onto her still constitutes assault. Therefore, the correct answer is Assault, a misdemeanor.

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  • 32. 

     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?

    • A.

      Robbery, a felony

    • B.

      Grand Theft, a felony

    Correct Answer
    B. Grand Theft, a felony
    Explanation
    The crime in this scenario is Grand Theft, a felony. Grand Theft refers to the act of stealing property that has a significant value. In this case, the person took the newly purchased lawn mower, which is worth $500.00, without the owner's permission. This act meets the criteria for Grand Theft, which is a serious crime and classified as a felony.

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  • 33. 

     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:

    • A.

      Trespassing, a misdemeanor

    • B.

      Disturbing the peace, a misdemeanor

    Correct Answer
    A. Trespassing, a misdemeanor
    Explanation
    The man has committed the crime of trespassing because he is refusing to leave the premises after being asked to do so 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 is sitting in the lobby of the automobile showroom and refusing to leave even after the security officer has asked him to. This behavior constitutes trespassing, which is a misdemeanor offense.

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  • 34. 

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

    • A.

      Vandalism, a misdemeanor

    • B.

      Arson, a felony

    Correct Answer
    B. Arson, a felony
    Explanation
    The act described in the question involves intentionally setting fire to a trash container using lighter fluid and a match. This act meets the definition of arson, which is the deliberate and malicious act of setting fire to property. Arson is considered a felony because it is a serious crime that can cause significant damage, harm, and endanger lives. Vandalism, on the other hand, typically refers to less severe acts of property damage, such as graffiti or minor destruction, and is often classified as a misdemeanor.

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  • 35. 

    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:

    • A.

      Burglary, a felony

    • B.

      Robbery, a felony

    Correct Answer
    A. Burglary, a felony
    Explanation
    The correct answer is burglary, a felony. Burglary is the act of unlawfully entering a building with the intent to commit a crime, usually theft. In this scenario, the two men are breaking open a door and loading merchandise into a pickup truck, which indicates their intent to commit theft. The fact that they run away when they see you further supports the idea that they are engaged in illegal activity. Robbery, on the other hand, involves the use of force or threat of force against a person in the commission of a theft.

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  • 36. 

    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.  

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    The correct answer is False because although the two men in the truck may look suspicious and there are two color TV sets in the back, this alone does not provide enough grounds for arrest. To arrest someone for committing a felony, the felony must have been committed and there must be reasonable cause for believing that the person being arrested actually committed the felony. In this case, there is no evidence or reasonable cause to believe that the two men in the truck have committed a felony.

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  • 37. 

     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.

    • A.

      True

    • B.

      False

    Correct Answer
    A. True
    Explanation
    Based on the given scenario, it can be inferred that the suspect is engaging in dangerous and potentially illegal behavior. Pouring gasoline on the ground next to storage tanks and igniting it with a match poses a significant risk of causing a fire or explosion. This action can be considered as a threat to the safety and security of the factory and its surroundings. Therefore, it is reasonable to conclude that the law would allow for the arrest of this man to prevent any harm or damage.

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  • 38. 

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

    • A.

      The suspect must admit to the crime.

    • B.

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

    • C.

      Someone told you the suspect did it.

    Correct Answer
    B. The crime must have been committed or attempted in your presence.
    Explanation
    In order to make a misdemeanor arrest, the condition that must exist is that the crime must have been committed or attempted in the presence of the person making the arrest. This means that the individual must have directly witnessed the crime or the attempt to commit the crime in order to have the legal authority to make an arrest for a misdemeanor offense. The other options, such as the suspect admitting to the crime or someone informing the person about the suspect's involvement, do not meet the requirement of being present during the commission or attempted commission of the crime.

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  • 39. 

    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?

    • A.

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

    • B.

      You think a crime has been committed and the person you are arresting is the only person around you.

    • C.

      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
    Before making a felony arrest, it is necessary for the felony to have been committed and for the arresting officer to have reason to believe that the person they are arresting actually committed the crime. This ensures that there is sufficient evidence and justification for the arrest, preventing wrongful arrests or arrests without proper cause. The other options mentioned, such as thinking a crime has been committed and the person being the only one around, or a citizen reporting a possible assault, do not meet the criteria of a felony having been committed and the arresting officer having reason to believe the person committed it.

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  • 40. 

    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?

    • A.

      State your intent to arrest.

    • B.

      State the charge, which is suspicion of burglary.

    • C.

      State your authority to make the arrest.

    • D.

      All of the above.

    Correct Answer
    D. 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. This ensures that the suspect is aware of the reason for the arrest and your legal authority to carry it out. By stating all of these factors, you are providing the necessary information to the suspect and fulfilling your duty as an arresting officer.

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  • 41. 

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

    • A.

      TRUE

    • B.

      FALSE

    Correct Answer
    A. TRUE
    Explanation
    This statement is true because detaining a person against their will is a form of arrest. When someone is detained, they are being held or restrained without their consent, which is a fundamental aspect of being arrested. Therefore, once a person is detained against their will, they are effectively under arrest.

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  • 42. 

     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?

    • A.

      Ask the bysanders to help you.

    • B.

      Demand that the bystanders help you.

    • C.

      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 restraining or controlling the suspect until the authorities arrive. However, the law does not require bystanders to help you or demand their assistance, but you have the right to ask for their help if needed.

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  • 43. 

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

    • A.

      Protection of self

    • B.

      Protection of others

    • C.

      To overcome suspect resistance

    • D.

      Any of the above.

    Correct Answer
    D. Any of the above.
    Explanation
    "Reasonable force" may be used against a suspect under various conditions, including the protection of oneself, the protection of others, or to overcome suspect resistance. These conditions provide a broad range of circumstances where the use of force may be justified, depending on the specific situation and the level of threat posed by the suspect. The answer "Any of the above" encompasses all these possibilities, indicating that reasonable force can be employed in any of these scenarios.

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  • 44. 

    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:

    • A.

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

    • B.

      Search all suspects immediately.

    • C.

      Search only persons suspected of major crimes.

    • D.

      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 correct answer is "Not search a suspect unless you have reason to believe he has a weapon." This is because the section clearly states that you should only search a suspect if you have reasonable cause to believe that you are in physical danger and the suspect has a weapon. The frisk search is specifically mentioned as a quick check to see if a suspect has a concealed weapon, and it should only be done after the suspect is arrested. Therefore, searching all suspects immediately, searching only persons suspected of major crimes, or searching only those with a police record are not supported by the information provided.

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  • 45. 

    WHAT MUST YOU DO BEFORE YOU FRISK A SUSPECT?

    • A.

      Handcuff the suspect

    • B.

      Arrest the suspect

    • C.

      Tie the suspect's hands over his head.

    • D.

      Write you a report.

    Correct Answer
    B. Arrest the suspect
    Explanation
    Before frisking a suspect, it is necessary to first arrest the suspect. Frisking is a search procedure that involves patting down a person's outer clothing to check for any concealed weapons or illegal items. However, frisking can only be conducted after a lawful arrest has been made. Arresting the suspect establishes the legal basis for conducting a frisk and ensures that the search is carried out within the boundaries of the law.

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  • 46. 

    A FRISK BY A SECURITY GUARD IS A SEARH FOR:

    • A.

      Weapons only

    • B.

      Stolen property

    • C.

      Weapons or stolen property

    • D.

      Anything

    Correct Answer
    A. Weapons only
    Explanation
    A frisk by a security guard is a search specifically conducted to look for weapons. This type of search is typically done to ensure the safety of individuals in a certain area or establishment. The purpose is to identify and confiscate any potential weapons that could pose a threat to the security of the location. It does not involve searching for stolen property or any other items, but solely focuses on identifying and locating weapons.

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  • 47. 

                                                                                                        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?

    • A.

      As soon as possible

    • B.

      At any time

    • C.

      After reporting to your supervisor

    Correct Answer
    A. As soon as possible
    Explanation
    After making an arrest, a security guard must turn the suspect over to the police as soon as possible. There should be no unnecessary delays in contacting the police and handing over the suspect. Any unreasonable delay in calling the police could lead to an illegal detention charge. The responsibility of taking custody of the suspect lies with the police, and they will determine whether to release the suspect or take them to the police station for further processing. The security guard may be required to provide a statement and testify at the trial.

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  • 48. 

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

    • A.

      True

    • B.

      False

    Correct Answer
    B. False
    Explanation
    It is not lawful to hold a suspect for two hours before calling the police for questioning. The law requires that suspects be informed of their rights, including the right to remain silent and the right to an attorney, before any questioning takes place. Holding a suspect without contacting the police would likely be considered a violation of their rights and could lead to legal consequences for the officer involved.

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  • 49. 

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

    • A.

      Must take custony of the suspect only if the crime is a felony

    • B.

      Must take custody of the suspect only if the crime is a misdemeanor

    • C.

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

    • D.

      Can refuse to take custody of the suspect

    Correct Answer
    C. Must take custody of the suspect regardless of whether the crime is a misdemeanor or a felony
    Explanation
    The correct answer is that 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 peace officer is obligated to take custody of the suspect, regardless of the severity of the crime committed.

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  • 50. 

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

    • A.

      A security guard

    • B.

      The police

    • C.

      Eiter A or B

    Correct Answer
    C. Eiter A or B
    Explanation
    The correct answer is either A or B because both a security guard and the police have the authority to make an arrest if the crime committed is a felony. A security guard may detain a suspect until the police arrive, while the police have the power to arrest and take the suspect into custody. The specific circumstances and jurisdiction may determine who is more likely to make the arrest in a given situation.

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