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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) 36 PART
H ARRESTABLE
OFFENSES WHAT
ARE THE THREE CATEGORIES OF ARRESTABLE OFFENSES? The Penal Code defines criminal offenses. This program will not attempt to cover all of them, but will cover many of the most common ones. The Penal Code classifies crimes into
three categories: Infractions, Misdemeanors, and Felonies. INFRACTIONS Infractions are offenses that are punishable only by a modest monetary fine, usually not exceeding $250.00. There is normally no jail sentence imposed for committing an offense, which is defined as an infraction, and the person committing the offense is normally cited at the scene in a fashion similar to the issuance of a traffic citation. The offender is normally not taken into custody or arrested but merely detained for purposes of issuing the citation. For the most part, infractions are reserved for specified traffic violations such as speeding (California Vehicle Code Section 40000.1), though other statutes impose infraction penalties as well (smoking on public transportation, Health and Safety Code Section 25949.8; littering public property, Penal Code Section 374.4.) Because most infractions occur on public property, public highways and roadways, or in areas not routinely patrolled by private security, most security guards will not be confronted with situations involving the violations of laws which carry infraction penalties. Nor are private security guards normally authorized to issue citations, commonly known as notices to appear in court. For this reason, enforcement of laws involving infractions are usually reserved for law enforcement officers. |
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