Power To Arrest Training Manual - Nov 2005 Edition

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POWER TO ARREST TRAINING MANUAL

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(Revised 11/05)

48

PART J (contd.)

WHAT IS DETAINMENT?

A person who voluntarily responds to questioning and is not actually restrained (i.e., free

to go at any time) is considered to be detained. A person may be detained by the police

for further questioning in an investigation, and that person is not necessarily under arrest.

The police have the authority to detain a person against his will and still not arrest that

person. Security guards do not have the authority to detain a person against their will

except under Penal Code Section 490.5 which is covered in detail further on in the study

manual. (MERCHANTS PRIVILEGE RULE)

WHEN IS A SUSPECT CONSIDERED TO BE UNDER ARREST?

It should be clear to the suspect that he is under arrest after you have told the suspect of

your intention, cause, and authority to arrest him. However, there are also other actions

that may make a suspect feel he is under arrest. If, because of your uniform, badge, hat,

or verbal actions, the suspect concludes he must answer your questions or is not free to

walk away, he may justifiably claim he was under arrest.

WHAT IS THE RIGHT WAY TO APPROACH SUSPECTS?

Guilt by association is not a lawful way to make arrests. Let’s look at an example:

It is 11:00 p.m. and a guard is making his rounds of the plant when he finds Gate

No. 5 open. There are pry marks on the chain that normally holds the gate shut.

About 50 yards from the gate is an old pickup truck parked by the side of the

road. The hood is up, and two men are bent over looking at the motor. The guard

walks over and says, “All right, you guys. What are you doing here?” One of the

men responds by saying, “What’s it to you pal?” The guard answers angrily,

“Look, you better tell me what you’re doing here or you’re in trouble!” Neither

man replies. One of them gets into the driver’s seat and turns over the engine.

The guard then asks, “Didn’t you hear what I said?” The other man says, “Leave

us alone.” The guard moves to the front of the truck and grabs the man’s arm,

stating, “You guys aren’t going anywhere until you answer a few questions.” 

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