arrests, search & seizure

7/30/2019 Arrests, Search & Seizure

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Arrests,

Search & Seizure


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In your work as a security officer, some of themost difficult and dangerous situations are those

involving arrests. An arrest goes beyond adetention. An arrest means taking an individualinto custodyin effect, denying a person his orher freedom.

When you decide to make an arrest, you must beprofessional, remain cool-headed, followestablished procedure, use officer safetytechniques, and abide by laws that govern

arrests.Having the power to deny an individual his or herfreedom will always be measured against whatthe law will allow you to do.


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Constitutional LawThe United States Constitution has a very important

effect on your behavior as a Security Officer. As aprofessional security officer, you are bound toprotect 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


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The Fourth Amendment The right of the people to be secure in their

persons, houses, papers, and effects againstunreasonable searches and seizures.

The Fifth Amendment

Double Jeopardy-A person cannot be triedtwice for the same crime. Self incrimination- People shall not becompelled to be witnesses against themselves

Due process- People shall not be deprived oflife, liberty, or property without due process oflaw.


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The Eighth Amendment Excessive bails and fines

Cruel and unusual punishmentPeople have the right from cruel and unusualtreatment.The Fourteenth Amendment

Equal protection of the law You shouldnever treat one person different from another,regardless of that persons wealth or position.

In addition to Constitutional amendments,certain United States codes deal with protectingour civil rights from conspiracy and from abuse.


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United States Code Title 18, Chapter 13, Section241 Conspiracy against the rights of citizensIf two or more persons conspire to injure, oppress,threaten, or intimidate any person in any state,Territory, or District in the free exercise or enjoymentof any right or privilege secured to him by theConstitution or laws of the United States or becauseof his having so exercised the same.they shall befined,.or imprisoned,.or both.This code simply means that all citizens are entitledto their Constitutional rights and cannot be deprivedof such by a conspiracy of two or more persons.


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United States Code Title18, Chapter 13, Section242

Deprivation Of Rights Under Color Of LawWhoever, under color of any law, statute, ordinance,regulation, or custom, willfully subjects any personin any State, Territory or District to the deprivation of

any rights, privileges, or immunities secured orprotected by the Constitution or laws of the UnitedStates, or to different punishments, pains, orpenalties, on account of such person being an

alien, or by reason of his color, or raceshall befinedor imprisonedor both.This code protects all persons from unequalapplication of the law by those in authority.


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PC 836PC837 What is the Difference?

836 PC- Is the section of the Penal Code thatgives Police Officers the authority to arrest aperson.

837 PC- Is the section of the Penal Code thatgives us as private persons the authority toarrest.The Penal Code provides that when a private

person makes an arrest, he or she is required tocarry out the following actions;


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When arresting a person as a security officer-private person, you must advise the person thatthey are under arrest, what the charges are, andwhat your authority is to arrest them. Then withoutdelay deliver the person to the police.

An example is - when a misdemeanor is committedin the presence of a private person, that personwould ask the police for assistance. But, uponarrival, police officers may not make the actual

arrest since the crime was not committed in theirpresence but in the presence of the private person.The private person would have to inform thesuspect that he or she is under arrest


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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.


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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 securityofficer to detain persons suspected of shopliftingin a retail store.

f)(1) A merchant may detain a person for areasonable time for the purpose of conducting aninvestigation in a reasonable manner whenever themerchant has probable cause to believe the


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person to be detained is attempting to unlawfullytake or has unlawfully taken merchandise from the

merchants premises.(f)(2) In making the detention a merchant may usea amount ofnecessary to protect himself or herself and to

prevent the escape of the person detained or theloss of the property.(3) During the period of detention any items whicha merchant has probable cause to believe areunlawfully taken from the premises of the merchant

and which are in plain view may be examined bythe merchant for the purposes of ascertaining theownership thereof.


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(f)(4) A merchant or an agent thereof, havingprobable cause to believe the person detained was

attempting to unlawfully take or has taken any itemfrom the premises, may request the person detainedto voluntary surrender the item.Should the person detained refuse to surrender the

item of which there is probable cause to believe hasbeen unlawfully taken from the premises, orattempted to be unlawfully taken from the premises,a limited and reasonable search may be conducted

by those authorized to make the detention in orderto recover the item.


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Only packages, shopping bags, handbags orother property in the immediate possession of the

person detained, but not including and clothingworn by the person, may be searched pursuantto this subdivision.

Upon surrender or discovery of the item, theperson detained may also be requested, but maynot be required to provide adequate proof of hisor her true identity.


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Use of forceProper training and practice are keys to dealing

effectively with danger. They help developconfidence, promote a trained response, andenhance mental alertness and develop self-control.

Training and practice in the use of firearms,batons, and weaponless defense techniques helpattain the following; Confidence in your abilities.

Trained response. Mental alertness and concentration. Self-control over emotions and body.


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Confidence in your abilities

You gain confidence in yourself to apply controltechniques and use firearms to overcomesuspects. Lack of confidence can seriously affectyour ability to control your physical and emotionalreactions.

Trained ResponseThe ability to make split-second decisions may

mean the difference between life and death. Youmust be prepared at all times to respond instantlyand effectively to any potential threat.


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Not being able to respond correctly may cause youto overreact or under react. This could cost you

your life or the lives of innocent persons. You mayapply the wrong level of force, such as shootingwhen a control hold would have been enough. Youmay use a hold incorrectly or fire inaccurately, thuscausing unnecessary harm.

Mental Alertness and ConcentrationBy staying alert and learning to concentrate, you

will be able to keep your mind on the situation andstay aware of all the circumstances.


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PanicPanic is total and absolute loss of control. Panic in

crisis situations will render you incapable ofapplying the correct defensive action for thesituation.

Self-Control over emotions and BodyControl of emotions will enhance your mental aswell as physical ability to act appropriately.

Physical control will increase your self confidenceand help you develop emotional control.


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Loss of ControlWhen you lose control of yourself and/or thesituation, the result may be unnecessary injury ordeath from the use of excessive force.

Physical ControlGood physical control is achieved when your body

responds correctly to your minds commands andthe desired effect is attained. This degree of self-control comes from proper training and continualpractice,

On the firing range With the Baton In weaponless defense


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When you achieve physical control, you can see itin yourselfyou know you have it. This knowledge

in turn enhances your self confidence, whichincreases 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 fromfactors peculiar to the immediate arrest situation,will prevent you from successfully performing your

duty.The mind and body work as one. As you developability in one aspect of mental, emotional, orphysical control, you will enhance the other


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aspects of performance as well.

Consequences of using Excessive ForceWhen excessive force is used, an officer can berequired 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 theuse or abuse of authority or force. Civil lawsuitsmay be brought against the officer, resulting inboth compensatory and punitive damages.


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Force used by officers is a sensitive issue with thepublic. How you use force directly affects your

agencys relationship with the community.Although officers are granted the use of force tocarry out their duties, the penal code, the courts,and the company policies all place conditions and

limits on the use of force. The most importantcondition placed by the penal code and the courtsis 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


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An officers tool box of available control toolsdepends on his/her training in voice techniques,

weaponless defense techniques, arrest and controltechniques, and the availability of other weapons,such as pepper spray, baton, or handgun. You aretrained 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 suspectslevel of threat and capability, and/or the amount ofresistance offered by the suspect.


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Deadly ForceSecurity officers face a variety of potentially

dangerous situations. Some situations are violentand dangerous upon the officers arrival, while othersmay change from apparently peaceful to lifethreatening. You must be prepared for those

situations which may ultimately result in seriousinjury or death.

All officers who carry firearms must be properly

trained in the operation and safety of all firearms youwill use, and maintain a training program asrequired.


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You must prepare mentally to use your weaponsand to respond instantly to weapons used against

you or others.You must thoroughly know the laws and agencypolicies regarding the use of deadly force.

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