Power To Arrest Training Manual - Nov 2005 Edition

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

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(Revised 11/05)

8

�� A security guard shall never touch an employee’s belongings when inspecting them.

�� A security guard’s power to arrest is the same as any other private person’s.

�� CRIMINAL LIABILITY refers to criminal penalties that can be imposed for a wrongful

act. For example, carrying a loaded weapon concealed in your jacket is a violation of the

Penal Code; the criminal penalty for the offense is a fine or jail sentence or both.

�� CIVIL LIABILITY refers to penalties arising from lawsuits that private persons bring

against each other.

�� A security guard’s registration card does not allow the security guard to carry a

weapon. It is ILLEGAL to carry a firearm without a firearm permit and a valid security

guard registration. It is ILLEGAL to carry a baton without a baton permit and a valid

security guard registration.

�� Negligence and law violations by a security guard may cause the employer and the

client to be held CIVILLY responsible.

�� A security guard IS NOT OBLIGATED by law to make an arrest. When he does make

an arrest, it is called an arrest by a private person commonly known as a citizen’s arrest

(Penal Code Section 837).

�� A misdemeanor is generally a crime for which the offender can be fined and/or

sentenced to county jail for a period not to exceed one year. In order for a security guard

to make a proper misdemeanor arrest, it is necessary that the security guard actually sees

or witnesses the misdemeanor offense committed or attempted in his presence.

�� A felony is generally a crime for which the offender can be sentenced to state prison

for a period exceeding one year or in the case of a capital offense, executed. In order for

a security guard to make a proper felony arrest, a felony must have been committed, and

the security guard must have REASONABLE CAUSE to believe the person being arrested

committed the offense.

�� An arrested person is called a SUSPECT until the court finds him innocent or guilty.

�� A security guard making an arrest must tell the suspect of the INTENTION to arrest,

the CAUSE for the arrest, and the security guard’s AUTHORITY to make such an arrest.

�� REASONABLE FORCE in an arrest situation is a degree of force reasonably needed to

detain an individual and to protect oneself.

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