Security Supervision and Management Ancillary

Transcription

1 Security Supervision and Management Ancillary Author: Christopher A. Hertig, CPP, CPOI and David L. Ray Title: Legal Aspects of Security Chapter # 02 Instructors Guide Introduction: Protection professionals daily are required to be knowledgeable of protocols governing their work responsibilities, rules they must follow, civil and criminal laws relating to the work they are expected to accomplish, industry common practices and standards of practice, as well as OSHA, EEOC and a zillion government regulations. In addition there are policies and codes of conduct that may be required to be followed by their employer or clients. The industry generalizes these guidelines by calling them legal aspects of security. This chapter will provide an introduction to various legal aspects about which protection supervisors must be knowledgeable. The reader of this chapter will increase their knowledge and understanding of legal aspects of the protective agent industry. Objectives: What should the student learn from this chapter? 1. The student should learn from this chapter a clear understanding of terms and concepts that directly affect the activities of the protective agents who are tasked with the

2 responsibility of operating within relatively strict policies and procedures including staying within the law. 2. The students who read this material should learn a brief overview of the Rules of Civil, Criminal and Administrative procedure, 3. The students who read this chapter will learn how to avoid civil law suits and how to avoid becoming a liability generator and ultimately a threat to the client they serve and the company they are vicariously linked to. Key Terms: Civil Proceedings Common Law Burdens of Proof Agent Prima Facie Habeas Corpus Preponderance of Evidence Beyond a Reasonable Doubt Circumstantial Evidence Certiorari Color of Law Contract Law Evidence Hearsay Evidence Negligence Probable Cause Reasonable Suspicion Statute of Limitations Mens Rea Actus Rea Concurrence Corpus Delicti Strict Liability Summary Judgment Critical Thinking Questions: These can either be directed toward the student to be assigned or to the instructor to consider when framing each class. 1. Question: Where security personnel have a right of citizens arrest, list four procedures that must be followed when making that arrest. Include in your answer where these procedures should be available to the officer under any circumstances and explain why you chose that location.

3 Guidelines: First it is important for the security officer to be familiar with the State Statutes regarding citizen s arrest. Based on the limitations set out in the State law as well as in the department policy, procedures, and training, look for answers that address the following universal guidelines: 1.) Identify your authority, 2.) Explain that the subject is under arrest. 3.) Explain what the subject is being arrested for, 4.) Do not read them their Maranda Rights; leave that for the police, 5.) Give the arrestee an order to position him/her for handcuffing, 6.) Attempt to handcuff the subject, 7.) Once handcuffed, remove the arrestee to a private area like a vacant office, and call the police, 8.) While waiting for the police fill out trespassing forms and a policed report. 9.) When the police arrive surrender the arrestee to the police. 2. Question: During an arrest, if a search is permitted by law and authorized by the department protocol, explain where to search and explain in detail how you will search each part of the arrestee s body, clothing, purse, and other items where a weapon could be hiding. Explain how you would search a woman if you are a male officer or how you would search a man if you are a female officer. Don t forget the department protocol on this topic and refer to that protocol when answering this question. Two person handcuffing and two person searches are recommended by the department protocol. Guidance: Opposite sex searches are no problem if you follow you re protocol, that is, follow your policies, procedures and training. Never approach alone, always have witnesses to protect you from lies told by the

4 arrestee and for officer safety. When possible, have female assistance with you when searching females. Try to follow the common practice in private security; male on male and female on female searches only. Remember to stabilize the subject such as handcuffing before searching will always work but if arrestees have weapons they may fight to keep you from finding them. Before handcuffing, remove all coats, sweaters, and handcuff them with both hands behind the subject. Complete a visual search and search by patting the suspect area of the pockets of any clothes they have taken off like a coat. Remove all purses, backpacks and fanny packs, set all those bags and clothing across the room from the handcuffed person and stay that way until the police officers arrive. Once the law enforcement officers arrive explain that the arrestee has not been searched except for their coat and outer pockets of their pants. For female arrestees, explain that the purse had not been inspected as well. 3. Question: In a hostile environment, where force may be necessary for selfdefense, explain what alternatives to use of force you would use. If alternatives to use of force fail, explain what uses of force you may have to

5 use and be willing to use. List those uses of force you would never use except when deadly force is being used by the arrestee. Guidelines: As most encounters do not call for the use of force, some use of supportive communications should be considered: Honor the subject s personal space. Introduce yourself. Employ active listening techniques. Use we rather than you, or words which tends to be accusatory and inflammatory. Have the subject sit down. Offer the subject something to drink. Ask open ended questions which require some explanation by the subject. Use paraphrasing and reflection to clarify what the subject says. Be aware of one s fears and prejudices. Discussion Points: The following are topics for instructors to present to students or for students to lead discussions on. Discuss what the goal of an ideal workplace policy and procedure would be including how establishing and maintaining a stable, predictable, environment would play a part in accomplishing that goal. Discuss how the environment of any workplace effects the quality and quantity of the work production and how a lack of a stable predictable environment would impact the bottom line for any company. Discuss which type of law (Civil, Criminal, or Administrative) should make up the basic foundation of a course of study when the advertised topic of the course is Legal Aspects of Private Security. Include who is affected most, the Police or, Private Security Officer when discussing all three types of law. Be sure to include in the discussion the concepts of how qualified immunity plays a part in knowing which type of law and rules are

6 most likely being applied by the Police and Private Security Officer. Be sure to include in the discussion fictitious examples when trying to explain the answer to each question posed by this discussion. Discuss what to do when called to the Human Resource department to stand by during a hostile employee termination. You are asked to provide personal protection for the HR manager even though you have no weapons to defend anyone with. Can you assume that the employee is not armed? Would you go alone or take someone with you? What questions would you ask the HR person before entering the scene? If the irate employee runs from the scene what would you do to stop him/her? Links/Videos Resources Instructors can pull up on the web to enhance student learning/experience: Private Security The Legal Aspects Private Security vs Public Law Enforcement Where are legal Issues of Private Security Found? =467&qo=relatedTitle&o=12115&l=sem