Quiz: Department Of Consumer Affairs' Power To Arrest Training Manual

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

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

IT IS AGAINST THE LAW FOR A SECURITY GUARD TO:

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:

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

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.        

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:

(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:  

Which of the following statements are conclusions:

What six points should be included in a report?

_{(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:  

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.

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?

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:

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:

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: