THE B.S.I.S. POWER TO ARREST OFFICIAL MANUAL
is a sample of what you will learn in the course. Oberve
this is a sample only, not the course itself. You have to
register inside for the course, which provides multi-media
(videos, reading material, audio reading, interactive testing).
to our legal system, a person is innocent until proven guilty. It
is up to the court to decide if
a person is guilty - not the police, not the district attorney,
and not a private person. When a person is arrested, he is called
a suspect. He is then considered a suspect until the court finds
him guilty or innocent. Therefore, do not refer to an arrested
person as the “criminal,” “offender,” “robber,”
“murderer,” “burglar,” or by any other term which implies
guilt. You can say “he,” “she,” “they,” “this
person,” or “the suspect” since none of these terms imply
you should happen to be in a situation where an arrest is called
for, you should tell the person that he is under arrest and what
the charges are, and your authority to make the arrest. Once you
say “You are under arrest for burglary,” the suspect may or
may not cooperate. If the suspect resists and tries to escape, you
must then decide whether or not to use reasonable force. You may
ask as many persons as you think necessary to help you in making
OF FORCE IN AN ARREST
a suspect resists arrest, you are allowed to use reasonable force
to subdue him.
force is that degree of force that is not excessive and is
appropriate in protecting oneself or one’s property. If the
suspect submits willingly, no force is necessary. If a suspect
should resist arrest, remember that the only force allowed is that
which is reasonable and necessary to overcome the resistance.
IS EXCESSIVE FORCE?
of excessive force include knocking unconscious an unarmed suspect
when he is only trying to leave the scene. Handcuffs may be used
on persons who have resisted or on suspects you think may be
trying to resist or escape.
person who voluntarily responds to questioning and is not actually
restrained (i.e., free to go at any time) is considered to be
detained. A person may be detained by the police for further
questioning in an investigation, and that person is not
necessarily under arrest.
police have the authority to detain a person against his will and
still not arrest that person. Security guards do not have the
authority to detain a person against their will except under Penal
Code Section 490.5 which is covered in detail further on in the
study manual. (MERCHANTS PRIVILEGE RULE)
IS A SUSPECT CONSIDERED TO BE UNDER ARREST?
should be clear to the suspect that he is under arrest after you
have told the suspect of your intention, cause, and authority to
arrest him. However, there are also other actions that may make a
suspect feel he is under arrest. If, because of your uniform,
badge, hat, or verbal actions, the suspect concludes he must
answer your questions or is not free to walk away, he may
justifiably claim he was under arrest.
IS THE RIGHT WAY TO APPROACH SUSPECTS?
by association is not a lawful way to make arrests. Let’s look
at an example:
is 11:00 p.m. and a guard is making his rounds of the plant when
he finds Gate No. 5 open. There are pry marks on the chain that
normally holds the gate shut. About 50 yards from the gate
is an old pickup truck parked by the side of the road. The hood is
up, and two men are bent over looking at the motor. The guard
walks over and says, “All right, you guys. What are you doing
here?” One of the men responds by saying, “What’s it to you
pal?” The guard answers angrily, “Look, you better tell me
what you’re doing here or you’re in trouble!” Neither man
replies. One of them gets into the driver’s seat and turns over
guard then asks, “Didn’t you hear what I said?” The other
man says, “Leave us alone.” The guard moves to the front of
the truck and grabs the man’s arm, stating, “You guys aren’t
going anywhere until you answer a few questions.”
the gate open with pry marks on the chain does not necessarily
mean that a crime has been committed. There are a number of
possible explanations short of forced entry.
there is nothing to tie the two men to forcing the gate open
except that their truck was parked nearby. The guard cannot demand
that the men answer his questions. The guard’s attitude, tone of
voice, uniform, and badge could easily have made the men believe
that they were being arrested. If the guard refused to let them
leave and if it turned out they had nothing to do with forcing the
gate, the men could sue the guard for false arrest and for
battery, because the guard grabbed the man’s arm.
THE GUARD SHOULD HAVE DONE
he should have examined the condition of the gate carefully,
recorded the license number of the truck, and obtained a
description of the two men. Next, the guard should have secured
the gate and reported its condition to his supervisor, being
careful to watch for other suspicious activity. The guard may or
may not decide to talk with the two men.
might enter into a friendlier conversation with them by asking if
they had seen anyone near the gate. If they are not cooperative,
there is nothing the guard can do except observe closely. The
guard should never touch another person except when reasonable
force is necessary when placing him under arrest.
the part about friendly conversation? Although you cannot demand
answers from a person, you can always engage them in casual
conversation. Here is a better approach:
Got car troubles?” One of the men replies, “Yeah! This darn
thing shorts out every once in a while.” The guard then asks,
“Say, have you seen anybody around the gate?” The men reply,
“No, we haven’t seen anyone except you.”
guard says, “How long have you been here?” “Oh, maybe five
minutes.” “Well, thanks for your help. If you need to call for
road service, I can make the call for you.” “Thanks anyway,
but we’ll get it going.” The guard then walks away.
security guard may not have gotten much information, but at least
he had a chance to observe each man closely and check their
activities without running the risk of bad public relations or a