6. 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
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.
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.
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: