Questions? Call Us 310-650-6896 info@southwesttrainingcenter.org

Important Points to Remember… (continued)

  • Negligence and law violations by a security guard/proprietary private security officer may cause the employer and the client to be held CIVILLY responsible.
  • A security guard/proprietary private security officer IS NOT OBLIGATED by law to make an arrest. When he/she does make an arrest, it is called an arrest by a private person or citizen’s arrest (Penal Code §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/proprietary private security officer to make a proper misdemeanor arrest, it is necessary that the security guard/private security officer 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/proprietary private security officer to make a proper felony arrest, a felony must have been committed, and the security guard/proprietary private security officer 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/her innocent or guilty.
  • A security guard/proprietary private security officer making a citizen’s arrest must tell the suspect of the INTENTION to arrest, the CAUSE for the arrest, and the security guard/proprietary private security officer’s AUTHORITY to make a citizen’s arrest. (Penal Code §841)
  • REASONABLE FORCE in an arrest situation is a degree of force reasonably needed to detain an individual and to protect oneself. (People v. Garcia, (1969) 78 Cal.Rptr. 775)
  • If a suspect does not feel free to walk away because of a security guard/proprietary private security officer’s statements and actions, he may claim to have been under arrest.
  • A security guard/proprietary private security officer should never touch a suspect except when they are protecting a citizen, protecting their employers property, in self defense, or when necessary to use reasonable force in effecting an arrest.
  • Upon arrest, A security guard/proprietary private security officer may search for WEAPONS ONLY and may search only when they have cause to believe that the arrested person is armed. This decision is at the discretion of the security guard/proprietary private security officer’s employer.
  • A suspect MAY NOT be legally searched for weapons until he is actually arrested. (Penal Code §846) This decision is at the discretion of the security guard/proprietary private security officer’s employer.
  • If contraband or stolen items are discovered while searching for weapons, those items should be left on the suspect, unless there is a likelihood the suspect will dispose of them. When the suspect is turned over to the peace officer, he should be notified of the discovered items. The decision regarding this statement would be at the direction of the employer. The employer may prohibit certain items from entering their business or function.
  • If a private citizen has made a lawful arrest, the peace officer by law MAY take custody of the suspect.
  • The person/security guard/proprietary private security officer who makes an arrest will be recorded as the arresting party.