Arrests, Search & Seizure

In your work as a security officer, some of the most difficult and dangerous situations are those involving arrests. An arrest goes beyond a detention. An arrest means taking an individual into custodyin effect, denying a person his or her freedom. When you decide to make an arrest, you must be professional, remain cool-headed, follow established procedure, use officer safety techniques, and abide by laws that govern arrests. Having the power to deny an individual his or her freedom will always be measured against what the law will allow you to do.

Constitutional Law The United States Constitution has a very important effect on your behavior as a Security Officer. As a professional security officer, you are bound to protect the rights of all persons as guaranteed in the Amendments to the Constitution. Some of the Constitutional Rights that we are effected by are, The First Amendment is The freedom of Speech The freedom of the Press Freedom of Assembly Right to petition the government

The Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. The Fifth Amendment Double Jeopardy-A person cannot be tried twice for the same crime. Self incrimination- People shall not be compelled to be witnesses against themselves Due process- People shall not be deprived of life, liberty, or property without due process of law.

The Eighth Amendment Excessive bails and fines Cruel and unusual punishment People have the right from cruel and unusual treatment. The Fourteenth Amendment Equal protection of the law You should never treat one person different from another, regardless of that persons wealth or position. In addition to Constitutional amendments, certain United States codes deal with protecting our civil rights from conspiracy and from abuse.

United States Code Title 18, Chapter 13, Section 241 Conspiracy against the rights of citizens If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any state, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States or because of his having so exercised the same.they shall be fined,.or imprisoned,.or both. This code simply means that all citizens are entitled to their Constitutional rights and cannot be deprived of such by a conspiracy of two or more persons.

United States Code Title18, Chapter 13, Section 242 Deprivation Of Rights Under Color Of Law Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or raceshall be finedor imprisonedor both. This code protects all persons from unequal application of the law by those in authority.

PC 836PC837 What is the Difference? 836 PC- Is the section of the Penal Code that gives Police Officers the authority to arrest a person. 837 PC- Is the section of the Penal Code that gives us as private persons the authority to arrest. The Penal Code provides that when a private person makes an arrest, he or she is required to carry out the following actions;

When arresting a person as a security officerprivate person, you must advise the person that they are under arrest, what the charges are, and what your authority is to arrest them. Then without delay deliver the person to the police. An example is - when a misdemeanor is committed in the presence of a private person, that person would ask the police for assistance. But, upon arrival, police officers may not make the actual arrest since the crime was not committed in their presence but in the presence of the private person. The private person would have to inform the suspect that he or she is under arrest

And for which crime he or she is being arrested. At that point, the officer would assist the private person in the physical apprehension of the suspect.

Merchants Privilege Rule

California Penal Code Section 490.5 subdivisions (f) and (g) Provides the legal authority for a merchant or their employee or agent, including a security officer to detain persons suspected of shoplifting in a retail store. 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 merchants premises.

f)(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 the escape of the person detained or the loss of the property. (3) During the period of detention any items which a merchant has probable cause to believe are unlawfully taken from the premises of the merchant and which are in plain view may be examined by the merchant for the purposes of ascertaining the ownership thereof.
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(f)(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 voluntary 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 and 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.

Use of force Proper training and practice are keys to dealing effectively with danger. They help develop confidence, promote a trained response, and enhance mental alertness and develop selfcontrol. Training and practice in the use of firearms, batons, and weaponless defense techniques help attain the following; Confidence in your abilities. Trained response. Mental alertness and concentration. Self-control over emotions and body.

Confidence in your abilities You gain confidence in yourself to apply control techniques and use firearms to overcome suspects. Lack of confidence can seriously affect your ability to control your physical and emotional reactions. Trained Response The ability to make split-second decisions may mean the difference between life and death. You must be prepared at all times to respond instantly and effectively to any potential threat.

Not being able to respond correctly may cause you to overreact or under react. This could cost you your life or the lives of innocent persons. You may apply the wrong level of force, such as shooting when a control hold would have been enough. You may use a hold incorrectly or fire inaccurately, thus causing unnecessary harm. Mental Alertness and Concentration By staying alert and learning to concentrate, you will be able to keep your mind on the situation and stay aware of all the circumstances.

Panic Panic is total and absolute loss of control. Panic in crisis situations will render you incapable of applying the correct defensive action for the situation. Self-Control over emotions and Body Control of emotions will enhance your mental as well as physical ability to act appropriately. Physical control will increase your self confidence and help you develop emotional control.

Loss of Control When you lose control of yourself and/or the situation, the result may be unnecessary injury or death from the use of excessive force. Physical Control Good physical control is achieved when your body responds correctly to your minds commands and the desired effect is attained. This degree of selfcontrol comes from proper training and continual practice, On the firing range With the Baton In weaponless defense

When you achieve physical control, you can see it in yourselfyou know you have it. This knowledge in turn enhances your self confidence, which increases your command of any situation. Without proper, adequate, and continual training, physical control deteriorates. An uncontrolled emotional reaction on your part, whether it comes from prejudicial attitudes or from factors peculiar to the immediate arrest situation, will prevent you from successfully performing your duty. The mind and body work as one. As you develop ability in one aspect of mental, emotional, or physical control, you will enhance the other

aspects of performance as well. Consequences of using Excessive Force When excessive force is used, an officer can be required to answer for his or her actions, in Criminal actions Civil Rights violations Compensatory and punitive damages Administrative or departmental action Moral consequences The officer can face criminal and civil action for the use or abuse of authority or force. Civil lawsuits may be brought against the officer, resulting in both compensatory and punitive damages.

Force used by officers is a sensitive issue with the public. How you use force directly affects your agencys relationship with the community. Although officers are granted the use of force to carry out their duties, the penal code, the courts, and the company policies all place conditions and limits on the use of force. The most important condition placed by the penal code and the courts is that any use of force be reasonable. Justifiable uses of force are these; Protection of life (yours or the life of another) Enforcement of law within its limits The need to overcome resistance or escape

An officers tool box of available control tools depends on his/her training in voice techniques, weaponless defense techniques, arrest and control techniques, and the availability of other weapons, such as pepper spray, baton, or handgun. You are trained to use the tool that is appropriate to the situation, keeping in mind the following: A situation can change rapidly You must be ready to switch tools if needed. The level of force you select from your toolbox of control should be directly related to the suspects level of threat and capability, and/or the amount of resistance offered by the suspect.

Deadly Force Security officers face a variety of potentially dangerous situations. Some situations are violent and dangerous upon the officers arrival, while others may change from apparently peaceful to life threatening. You must be prepared for those situations which may ultimately result in serious injury or death. All officers who carry firearms must be properly trained in the operation and safety of all firearms you will use, and maintain a training program as required.

 You must prepare mentally to use your weapons and to respond instantly to weapons used against you or others. You must thoroughly know the laws and agency policies regarding the use of deadly force.