100% Correct
Arrest - ANSWER As it relates to an arrest probable cause exists when there is
sufficient evidence for a reasonable person to believe that a crime has been, or is
being committed by the suspect.
Search and Seizure - ANSWER As it relates to a search and seizure, probable cause
is sufficient evidence for a reasonable person to believe that a certain contraband,
evidence, or fruit of a crime may be found at a specific location.
Reasonable Suspicion - ANSWER Reasonable Suspicion is the amount of evidence a
sworn officer needs to make a "stop" or conduct a "frisk." The amount of evidence
required is less than probable cause but more than a mere hunch.
Ability to Detain or Arrest - ANSWER Your power to detain or arrest depends on 1.
The illegal behavior of the suspect. 2. The amount of force of evidence available to you
, and 3. whether you are acting as a private citizen or law enforcement officer.
Non-sworn Security Officers ability to detain - ANSWER Non-sworn Security Officers
have a citizen's power to detain others. In general they main detain an individual when
a felony has "in fact" been committed in their presence.
Non sworn Security Officers ability to detain for Assault - ANSWER In some states, a
non sworn security officer may detain an individual for an assault committed in the
officer's presence, a breach of the peace, or a crime involving theft or destruction of
property.
Reasonable and Necessary Force - ANSWER As a general rule, a security officer is
entitled to that force that is reasonable and necessary to defend one's self or another
from serious bodily harm.
Authority to interview and interrogate; Interview - ANSWER To interview is to question
a party whom the officer has no reason to believe is a suspect.
Interrogate - ANSWER To interrogate is to question a party whom the officer suspects
of criminal involvement.
Custodial interrogation - ANSWER Custodial interrogation involves questioning a
suspect under the circumstances wherein the suspect would feel under control of the
officer.
,Sworn Officers dealing with Custodial Interrogation - ANSWER Sworn officers are
bound by the US Constitution. They must advise suspects of their Miranda rights. This
includes the right to counsel, the right to have a counsel appointed if the suspect
cannot afford an attorney, the right to remain silent, and the notice that anything the
suspect says can be use against the suspect latter in court.
Non Sworn Officers dealing with Custodial Interrogation - ANSWER Except in a few
states (those that have held that private security officers must abide by the
Constitutional rights of suspects), non-sworn officers are not bound to provide suspects
with the Miranda warnings.
Abusive Techniques - ANSWER Abusive techniques may subject the officer to civil
and possibly criminal liability.
Examples of Abusive Techniques - ANSWER Excessive length; denial of restroom
breaks; denial of the right to leave; verbal threats of arrest unless the suspect
confesses; physical threats; other forms of intimidation to solicit a confession
Employee Representatives - ANSWER When conducting an interviews with union
employees, security officers need to be aware of the Weingarten rule announced by
the National Labor Relations Board (NLRB). Under this rule, union members are
entitled to have a union representative present for meetings that might result in
disciplinary action.
Sanctions for Constitutional, Civil Rights, and Criminal Violations The 3 main areas: -
ANSWER 1. Exclusion of evidence obtained unconstitutionally, 2. Civil and criminal
liability for violation of a party's civil rights, 3. criminal prosecution for illegal acts.
Civil (tort) Law Sanctions: 2 major categories - ANSWER Intentional Torts-A party
purposefully commits an act that harms another
Negligent Torts- A party has legal duty act reasonably and fails to do so; as a result;
another is injured.
Common intentional torts that security officers might commit when comforting
suspicious persons. - ANSWER Assault, battery, false arrest, false imprisonment,
invasion of privacy, malicious prosecution, defamation of character, intentional infliction
of emotional distress, negligence.
False Arrest - ANSWER False arrest may occur when one party, without probable
cause, arrest another party.
Battery - ANSWER Battery may occur when one party touches another party in a
manner that is without consent and offensive to a reasonable person.
,False Imprisonment - ANSWER False Imprisonment may occur when a one party
wrongfully denies another voluntary freedom of movement.
Invasion of Privacy - ANSWER Invasion of privacy may occur when a party intrudes
upon the reasonable expectation of privacy of another and the intrusion is one that
would be highly offensive to a reasonable person.
Malicious Prosecution - ANSWER Malicious prosecution may occur when one party,
without probable cause and for a malicious purpose, initiates or continues criminal
charges against another and there is a decision in the criminal proceedings in favor of
the accused.
Defamation of Character - ANSWER Defamation of character may occur when one
party makes an untruthful statement about another party that is harmful to the named
party's reputation, to a third "dis-interested" party.
Privileged Communication - ANSWER A privileged communication may be either
absolute or conditional. In general, comments made in judicial proceedings are
absolutely privileged.
Intentional Infliction of Emotional Distress - ANSWER Intentional infliction of emotional
distress may occur when a party's malicious or outrageous manner leads to severe
emotional distress in another.
Negligence - ANSWER Negligence may occur when a party has a legal duty to act
reasonably, the party fails to do so, and this failure is the proximate cause of injury to
another.
Compensatory Damages - ANSWER Compensatory damages are awarded by a court
to compensate the plaintiff for actual losses.
Punitive Damages - ANSWER Punitive damages mat be awarded if the court finds the
defendant acted maliciously or outrageously.
Respondeat Superior - ANSWER Respondeat superior, a principal (the institution) is
vicariously liable for the acts of its agent (the security officer) that are committed within
the scope of employment.
Some facts on private security - ANSWER There are no federal laws regulating
private security; 10 states have absolutely no regulations for security guards; 29 states
do not require any training; 16 states do not require criminal background checks;
virtually no states have standards or regulations for proprietary or in-house security
officers, yet there are approximately 400, 000 security officers nation-wide.
, Healthcare Security's four broad categories - ANSWER "Private" police: Contracted
security: Proprietary security: Conservator of the peace
"Private" Police - ANSWER Many healthcare facilities are associated with a
governmental agency or authority. These facilities may have their security provided by
sworn law enforcement officers.
Contracted Security - ANSWER Some healthcare facilities contract with outside
companies to provide security officers and services. Under these circumstances, two
sets of specifications may apply: state and contractual
Proprietary Security - ANSWER Some facilities use an "in-house (or proprietary)
security force. In this case, you are an employee of the healthcare facility where you
work.
Conservator of the Peace - ANSWER Some states have conservator of the peace
statutes. These allow security personnel (who meet certain criteria) to obtain some, but
not necessarily all, police powers while working in a limited jurisdiction (usually, the
healthcare organization's facility and its grounds).
The difference between Police and conservator of the peace - ANSWER Police
officers always have the power to act whenever they believe a crime is being
committed. Conservator of the peace can only use those police powers granted
specifically by the conservatorship.
OSHA Regulations - ANSWER Hazard communication; Workplace emergency action
plans; Confined spaces; Personal protective equipment; Respiratory protection;
allowance for state plans; general duty clause; Guidelines for prevention of workplace
violence
Hazard Communication - ANSWER This standard describes employees' "right to
know" what hazardous chemicals and substances may exist in the workplace.
Workplace Emergency Action Plans - ANSWER This standard explains how to
respond to various workplace emergencies, such as fire and evacuation.
Confined Spaces - ANSWER This standard describes the regulations for working with
and around confined spaces.
Personal Protective Equipment - ANSWER This standard requires employers to
furnish employees with personal protective equipment (PPE)
Respiratory Protection - ANSWER The standard includes guidelines for respirator use
to protect against exposure to tuberculosis (TB).