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)

29

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

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