Power To Arrest Training Manual - Nov 2005 Edition

San Diego office of Academy Security Training

Please note:  This is a copyright of BSIS and is provided for the benefit of students.  As a state-licensed BSIS training facility, we are providing this for instruction to our students seeking the guard card.

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POWER TO ARREST TRAINING MANUAL

______________________________________________________________________________

(Revised 11/05)

24

PART D

AUTHORITY TO QUESTION AND A BASIS FOR MAKING 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.

 

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Contents Page
Table of Contents

Instructor/Employer Introduction

Steps to Administering Power to Arrest

The Responsibilities of the Security Guard

Part A. Role and Responsibilities of the Security Guard

1. Areas of Responsibility

2. Prevention is the Key

3. Observe and Report

4. Get Help

Part B. Relations with the Local Police

Part C. Observation and Report Writing

Part D. Authority to Question and a Basis for Making Decisions

Part E. Inspections

Part F. Legal Responsibilities and Liabilities

Part G. Factors to Consider Before Making an Arrest

Part H. Arrestable Offenses

Part I. Private Person's Arrest

Part J. Making an Arrest

Part K. Searching the Suspect

Illustration of the Frisk

Part L. Merchant's Privilege Search

Part M. After the Arrest

Part N. Terrorism

Part O Ethics and Professional Conduct of a Security Guard

Part P. Answers to Study Questions

2-3

4-5

6-8

9-10

11-13

14-16

17

17

18

19-20

21-23

24-26

27-28

29-32

33-35

36-42

43-46

47-50

51-53

54

55-56

57-60

61-64

65-67

68-69

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