Use-of-Force Continuum

For all High Protective Services Agents

By Felipe Escajeda

Information and instructions regarding Use-of-Force.

The security guard(s) have been advised and given instructions of the following use of force levels and they are going to implement these instructions while on duty and following the type of situation to confront.

1) PHYSICAL PRESENCE: In this basic level, there will be no physical contact; the presence of the security guard would only be enough to calm down any situation against the policies of the private business or property to secure.

2) VERBALIZATION: In this level, the guard is going to use verbal commands to calm down any situation that can happen inside/outside of the property.

3) LESS THAN PHYSICAL FORCE (Neutralizing Agents): The guard in this level of use of force, will be able to use a mace or pepper spray/tear gas if is attacked by any problematic patron(s);  just to defend him/her self or defend another patron(s) and to secure the private property against any type of crime.

4) PHYSICAL CONTACT: In this level, the security guard will be able to have a physical contact with any patron(s) to control a difficult situation on private premises, to physically control/restrain any problematic individual by means of self-defense techniques when a fight happen and the guard has been attacked or some person intent to attack the guard or any other person(s) on the private property.

5) LESS THAN PHYSICAL FORCE (Neutralizing Agents): In this level will be almost the same than in level 4, the guard will be able to use a less physical contact with the use of mace/pepper spray/tear gas, to control any difficult situation inside/outside client's business; difficult situation as fights, assaults (to guards or patrons), assault with deadly weapon(s), drunk person(s) refusing to leave or committing a trespassing, terrorist threats, or any intent to commit any crime registered and punishable by the California Penal Code.

6) HAND-HELD IMPACT WEAPONS: In this level of use-of-force, the guard will be able to use impact weapons as batons, PR-24, expandable or collapsible batons, night stick, etc., when the suspect is violent or threatening, more extreme, but non-deadly measures must be used to bring the suspect(s) under control. Before moving to this level of force it is assumed that less physical measures have been tried and deemed inappropriate.

7) LETHAL FORCE: If a threat to be killed appears, (on security guards and/or patrons), and the guard has probable cause to believe that a suspect poses a significant threat of death or serious physical injury then the use of lethal force is justified. Also, immediately the local law enforcement will be contacted.

Copyright High Protective Services                                                                                    All Rights Reserved

PROBABLE CAUSE

Definition: Probable cause is a group of facts and the totality of circumstances that would generate a reasonable belief that the suspect has committed a crime.

In any detention or arrest, the suspect experiences some loss of freedom. Because of this loss of freedom, the officer must be sure the detention or arrest is warranted. Before you can stop and detain a person, you must have reasonable suspicion that a crime is occurring or has occurred. Before an arrest can be made, probable cause (sometimes called reasonable cause) is required.

PRIVATE PERSONS ARREST (Security Guard)

Although your normal responsibilities include the preventing of problems and observation of detail after an offense, there may be occasions when you consider it necessary to arrest.

A guard's legal powers to arrest are no greater than those of any other private citizen. An arrest made by such a private party is commonly known as a "citizen's arrest."

According to the California Penal Code Section 834, "An arrest is taking a person into custody in a manner authorized by law." Penal Code Section 834 also goes on to state that, " An arrest may be made by a peace officer or by a private person."

California Penal Code Section 837 specifies the conditions under which you, (the guard) as a private person, may make an arrest. "A private person may arrest another.

1. For a public offense committed or attempted in his presence.

2. When the person arrested has committed a felony, although not in his presence.

3. When a felony has been, in fact, committed and he has reasonable cause for believing the person arrested to have committed it."

In making your decision to arrest someone, you must first determine whether the offense is a misdemeanor or a felony.

MISDEMEANORS

Misdemeanors are offenses that are punishable by a fine and/or term in the county jail. The following two conditions must exist in order for you (the guard) to arrest a person on a misdemeanor charge:

1. The misdemeanor must have been attempted or committed.

2. It must have taken place (happened) in your presence.                                       (PC=Penal Code)

The following are common misdemeanors: Assault 240 PC (an unlawful attempt coupled with the present ability to commit a violent injury upon the person of another. Battery 242 PC (any willful and unlawful use of force or violence upon another person. Disturbing The Peace 415 PC (unlawfully fighting in a public place or challenging to fight; malicious and willful disturbances of another by loud and unreasonable noise; using offensive words to provoke a violent reaction. Indecent Exposure 314 PC (the act of exposing the person or private parts thereof in any public place where other persons may be offended. Littering 374 PC (throwing waste matter in a place other than designated containers. Petty Theft 488 PC (the taking of property of a value of $400.00 or less) Trespassing 602 PC (entering posted property without permission. Damaging or destroying property, or refusing to leave when asked by the owner or his agent (the guard).Vandalism 594 PC (maliciously defacing, damaging, or destroying property).

FELONIES

A felony is a more serious offense that is punishable by a sentence of death, imprisonment in a jail or prison, and/or a fine.  The following two conditions must exist in order to arrest a person on a felony charge:

1. The felony must have been committed.

2. A reasonable cause must exist to believe that the person being arrested actually committed the crime. Such reasonable cause must be based on evidence linking the person to the crime. Examples of such evidence may include physical evidence such as articles of clothing belonging to the suspect and left at the scene of the crime, or testimonial evidence such as observations by the guard or by other persons which are told to the guard in which the suspect was observed committing the crime.

The following are common felonies: Assault With Deadly Weapon 245 PC (assault of a person by another with a deadly weapon or instrument or by any means of force likely to produce great bodily injury).  Arson 451 PC (the willful and unlawful setting of a fire). Grand Theft 487 PC (the taking of money, labor, or real or personal property of a value exceeding $400.00 or the taking of property from the person of another). Burglary 459 PC (the entering of the residence or property of another with the intent to commit grand theft, petty theft, or any felony). Kidnapping 207 PC (taking and transporting a person against his will). Robbery 211 PC (by force or intimidation, taking personal property from a person of from the immediate presence of a person against that person's will). Rape 261 PC (forcing sexual intercourse).  Manslaughter 192 PC (the unlawful killing of another human being includes voluntary, involuntary, or vehicular manslaughter). Murder 187 PC (the unlawful killing of another human being with malice and forethought).

WHEN SHOULD A SECURITY GUARD ARREST?

A security guard who is expected to make arrests should receive explicit instructions and training on how to do so. Training should make clear the circumstances under which an arrest can be made and the procedure for making it. As a security guard, you should work primarily in a preventive role. Use good judgement and exercise caution when faced with an arrest situation. Every person must be accountable for his actions. Acts of a security guard in an arrest situation are easy to defend when good judgement and good faith have been used. A security guard must not be afraid to act in an arrest situation, but must use restraint and good judgement.

FACTORS TO CONSIDER BEFORE MAKING AN ARREST

ARE SECURITY GUARDS REQUIRED TO MAKE ARRESTS?

At no time are you, as a security guard, obligated to make an arrest. You may be at the scene when a violation occurs, but you do not have to make an arrest.

WHAT ARE YOU PRIMARY RESPONSIBILITIES?

Your first responsibility is prevention. After a crime has been committed, you responsibility is to observe and report. The purpose of this training is not to encourage you to make more arrests, but to teach you the law concerning arrest, so you will know what you can and cannot do under the law.

WHAT FACTORS SHOULD YOU CONSIDER?

In addition to the law, there are other important factors you should consider before making an arrest. Here are a few:

1. Physical Size. Is the suspect bigger or stronger than you are? In better physical condition? Younger?

2. Weapons. Is the suspect armed? Could he be carrying a concealed weapon?

3. Escape. If you do not make an arrest at this moment, will the suspect get away? Not just leave the scene = but get away completely? If you get a good description and call the police without delay,  the police may be able to make the arrest.

4. Type of Offense. Is the offense major or minor? You should be more concerned with major offenses. A person setting fire on a loading dock is a more likely candidate for arrest than kids climbing a fence to steal apples from the client's orchards.

5. Relation to you Job. Does the offense relate to property or persons you were hired to protect? As a good citizen, you want to uphold the law, but your first duty is to the client. After all, your employer is paying you!

SEARCHING RESPONSIBILITIES

FOR ALL HIGH PROTECTIVE SERVICES AGENTS

 By Felipe Escajeda

• Be constantly alert.
•  Maintain a position of advantage by standing to the side and back of a subject and maintaining a position of balance. This gives you more control.
• Make sure that your search is thorough. Hurrying through a search or making quick assumptions can result in physical injury to you or others.
• Safeguard your weapon(s). Make sure that your subject can never obtain your weapon(s). Be aware of where your weapon(s) is at all times.
• Search for the rear, never from the front. Searching from the rear will help you avoid possible physical attacks by the subject.
• Search with one hand, control with the other. 
• Search systematically using the same order each time so you do not miss areas.
• Feel, don't pat. Search with the palm of the hand, using a grasping, feeling search. Patting desensitizes your fingertips.
• If a weapon or contraband is found, alert your cover agent immediately.