Legal Powers and Limitations (Security)

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As a member of the security force, we trust that you would keep the peace, safety, and security of our community.

But before starting, we need you to be familiar with the scope and limitations of your power and authority as a security officer. This is to avoid cases wherein power gets abused.

This handbook contains... The ground rules on your arrest authority, The specific circumstances when you may make an arrest, The list of weapons you are only permitted to carry, The list of necessary requirements to wield these weapons, and The possible liabilities for when you mishandle or abuse your arrest authority.

Which of the following statements are not within your authority? You may choose multiple answers.

Arrest Authority Citizen's Arrest Like any other citizen, you may arrest another person without a warrant based on certain limitations, such as the following: 1. Felony Only if the latter has in fact committed the felony; 2. Any offense Only if the latter has in fact committed the offense in your presence. You cannot arrest someone based on a hunch -- no matter how reasonable it is. The crime must have been in fact committed and/or happened in your presence. The legality of your action always boils down to if the crime was indeed committed.

Factors Supporting an Arrest CASE STUDY The Diamond Brooch Thief

As a member of the security team, you are given the tough task of keeping our community safe and secure.

Soon, you will encounter situations wherein you need to be sharp, alert, and quick on your feet. This is a practice simulation to help you develop these skills.

In this practice simulation, you will... Be familiar with the factors that may lead to an arrest, Discern different crime classifications from each other, Apply your knowledge from the introduced concepts, and Determine if the thief is liable to be arrested and what crime classification his actions fall to.

Which of the statements are true about citizen's arrest? You may pick multiple answers. *Remember the ground rules. *

Scenario It's your turn to stand as the security officer to a small jewelry store in New York City.

A customer approaches you. She tells you that she saw a man pocketing a diamond-studded brooch.

You survey the store, but you cannot see a man that fits her description. You ask her to point at the man.

Factors Supporting a Citizen's Arrest Physical Evidence These are the objects obtained from the arrestee. Upon seizure, the chain of custody must be established. This is the sequential steps or paper trail about the acquisition, custody, control, transfer, analysis, and disposition of the evidences.* Chain of evidence must also be established. The evidence... (1) must be properly documented, (2) accounted for, and (3) turned over to law enforcement. 2. Confessions These must be written, signed, and witnessed. 3. Fingerprints and Photographs The prints and images must be perceptible. 4. Identification of the defendant The person who identified the arrestee must stay on the site. 5. Your personal observations as security guard 6. Information from police sources 7. Information received from other than the police The person must be reliable -- know the person's basis for knowing the information.

The man was nowhere to be found.

The store manager says, "There's a man in the news who reputedly steals diamond brooches from small-time jewelry stores."

"Could this be the guy?"

You ask the woman (who is now a witness) to stay on the site while you report to your supervisor about the situation and ask for his evaluation.

At the station, the police confirms that the woman's description of the man matches their records of the diamond brooch thief.

Apparently, this thief has already been convicted of Grand Larceny of the Fourth Degree five years ago after stealing a diamond bracelet.

Citizen's Arrest Without a Warrant ON THE JOB The Diamond Brooch Thief's Arrest

Previously... A woman witnessed a man pocket a diamond-studded brooch worth $1,000.

After consulting with your supervisor and the NYPD, you discovered that the man was actually the reputed Diamond Brooch Thief who has previous and (potentially) outstanding felony charges.

After four years, he's now out of prison.

After the incident at your store, your supervisor puts the store on high alert, especially now that a new diamond brooch has arrived.

This particular diamond brooch is prized higher, amounting to $5,000 -- it was an antique and was said to come from an 18th century jewellery maker.

You try to chime in to the man and the staff's conversation. You head some tidbits... "a diamond tester... client... interested to pay... $10,000... if real" He shows her a card.

The revelation shocks you, and you lose sight of his hands for a while. Now the man is handing over a brooch to the staff, mutters a curt thank you with his right hand on his pocket.

Based on the story so far, which factors may now lead you to a citizen's arrest based on felony charges? You may select multiple answers.

You make your way to the man. "Excuse me, sir. I need to see what's inside your pockets." The man hesitates and shows you his hands. You need to confirm the dragon tattoo yet on his right wrist. "Please roll up your sleeves, sir." He rolls up his sleeves. He has the tattoo. "What's on your pockets, sir?" The man hesitates but gives in. He inserts his right hand on his right pocket... ...but he takes out a switchblade and points it at you.

Custody Procedures A person may be arrested without a warrant at any time of the day or night. If the person is caught in the middle of committing murder, forcible rape, robbery, or forcible sodomy, you may arrest them right away. You must brief the person as to why they are being arrested, unless the circumstances do not permit you to do so. Note, however, that it is not your responsibility to issue a Miranda warning. This is only within the power of law enforcement officers. You may use justifiable physical force, depending on the circumstances. If the person successfully escapes, you must (1) take note of the perpetrator's details and (2) seek help from the police. Upon arrest, you must, without delay, turn them over to the police's custody or bring them to the appropriate officer. If an arrest proceeds to court, you are obligated to attend all the required court appearances.