POWERS TO ARREST AND APPROPRIATE USE OF FORCE

DEPARTMENT OF CONSUMER AFFAIRS

Bureau of Security and Investigative Services

POWERS TO ARREST AND APPROPRIATE USE OF

FORCE TRAINING MANUAL

July 2023

STATE OF CALIFORNIA

(Revised July 2023)

BSIS Power to Arrest Training Manual Page 2

Table of Contents

Table of Contents............................................................................................................ 2

Instructor/Employer Introduction and Training Requirements ......................................... 5

Steps to Administering Training .................................................................................... 14

PART A: Power to Arrest............................................................................................... 16

1. The Roles and Responsibilities of Security Personnel.......................................... 16

Background of the Private Security Profession .................................................. 16

Roles and Responsibilities ................................................................................. 17

Areas of Responsibility ....................................................................................... 18

Prevention is the Key.......................................................................................... 19

Observe and Report ........................................................................................... 19

Getting Help........................................................................................................ 19

Relations with Peace Officers and Law Enforcement ......................................... 20

Observation and Report Writing ......................................................................... 20

Professional Conduct of Security Personnel ...................................................... 21

Contractional Obligations and Company Policies............................................... 21

Real-life Scenarios ............................................................................................. 22

Section A-1 Review Questions ........................................................................... 23

2. Encounters and Arrest .......................................................................................... 24

Authority to Question .......................................................................................... 24

A Basis for Making Decisions ............................................................................. 24

Inspections ......................................................................................................... 25

Citizen’s Arrest ................................................................................................... 25

What Factors should you Consider?................................................................... 26

Arrestable Offenses............................................................................................ 26

Infraction............................................................................................................. 26

Misdemeanors.................................................................................................... 27

Trespass............................................................................................................. 27

Felonies.............................................................................................................. 27

Private Person’s Arrest....................................................................................... 27

Making a Citizen’s Arrest.................................................................................... 28

Searching a Subject ........................................................................................... 31

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Searching a Subject Under the Merchant’s Privilege Rule ................................. 32

After the Arrest ................................................................................................... 37

Section A-2 Review Questions ........................................................................... 39

PART B: Appropriate Use of Force ............................................................................... 40

1. Legal Standards for Use of Force......................................................................... 40

Statues and Legal Considerations....................................................................... 40

Licensee and Client Contractual Obligations....................................................... 41

Civil and Criminal Liability ................................................................................... 41

Section B-1 Review Questions ........................................................................... 44

2. Use of Objectively Reasonable Force................................................................... 45

Objectively Reasonable Standard ...................................................................... 45

Restraint Techniques and their Implications....................................................... 46

Force Options..................................................................................................... 48

Real-Life Scenarios Including Potential Consequences .................................... 50

Section B-2 Review Questions ........................................................................... 51

3. Duty to Intercede .................................................................................................. 52

Legal Considerations.......................................................................................... 52

Section B-3 Review Questions ............................................................................ 53

4. Supervisory Responsibilities................................................................................. 54

Incident Reporting Requirements ....................................................................... 54

Section B-4 Review Questions ............................................................................ 55

5. Use of Force Review and Analysis ....................................................................... 56

Real-Life Scenarios ............................................................................................ 58

Section B-5 Review Questions ............................................................................ 59

6. De-Escalation and Interpersonal Communication Training................................... 60

Common Misconceptions and Benefits of De-Escalation .................................... 60

Four Concepts of De-Escalation.......................................................................... 60

Real-Life Scenarios ............................................................................................. 62

Section B-6 Review Questions ............................................................................ 64

7. Implicit and Explicit Bias and Cultural Competency.............................................. 65

Definitions........................................................................................................... 65

Perceptions and Stereotypes ............................................................................. 66

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Prejudice and Discrimination .............................................................................. 66

Strategies for Effective Communication within a Diverse Community ................ 67

Real-Life Scenarios ............................................................................................ 70

Section B- 7 Review Questions .......................................................................... 71

8. Skills Including De-Escalation Techniques to Interact with People with Disabilities

or Behavioral Health Issues.................................................................................. 72

Strategies for Identifying and Effectively Communication and De-Escalating a

Situation with an Individual with a Disability or Behavioral Health Issue............. 72

Real-Life Scenarios ............................................................................................ 79

Section B- 8 Review Questions .......................................................................... 80

9. Use of Force Scenario Training ............................................................................ 81

Factors that Can Affect an Individual’s Response when Threatened w/ Danger 81

Factors to Consider Before Using Force ........................................................... 82

Real-life Scenarios ............................................................................................ 82

Section B-9 Review Questions .......................................................................... 83

10.Mental Health and Policing ................................................................................. 84

Categories of Mental Illness ............................................................................... 84

Biases and Stigmas Surrounding Mental Illness................................................. 85

Real-Life Scenarios ............................................................................................ 85

Section B-10 Review Questions ........................................................................ 86

11.Active Shooter Situations...................................................................................... 87

Recognizing an Active Shooter Situation............................................................ 87

Roles and Responsibilities of Security Personnel............................................... 87

Run, Hide, Fight.................................................................................................. 87

How to Respond When Law Enforcement Arrives.............................................. 88

Real-Life Scenarios ............................................................................................ 89

Section B-11 Review Questions ........................................................................ 90

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Overview of Powers to Arrest and Appropriate Use of Force Training

Manual and Subject Matter

Instructor/Employer Introduction and Training Requirements

Listed below are sections in the California Business and Professions Code that pertain to

the Powers to Arrest and Appropriate Use of Force Training Manual.

Private Patrol Operator and Security Guards:

Business and Professions Code Section 7582.1(a) defines a private patrol operator

and Section 7582.1(e) defines a security guard, as follows:

7582.1(a) A private patrol operator, or operator of a private patrol service, within the

meaning of this chapter is a person, other than an armored contract carrier, who, for any

consideration whatsoever: Agrees to furnish, or furnishes, a watchman, guard,

patrolperson, or other person to protect persons or property or to prevent the theft,

unlawful taking, loss, embezzlement, misappropriation, or concealment of any goods,

wares, merchandise, money, bonds, stocks, notes, documents, papers, or property of any

kind; or performs the service of a watchman, guard, patrolperson, or other person, for any

of these purposes.

7582.1(e) A security guard or security officer, within the meaning of this chapter, is an

employee of a private patrol operator, or an employee of a lawful business or public

agency who is not exempted pursuant to Section 7582.2, who performs the functions as

described in subdivision (a) on or about the premises owned or controlled by the customer

of the private patrol operator or by the guard’s employer or in the company of persons

being protected.

Proprietary Private Security Officer:

Business and Professions Code Section 7574.01(e) defines a proprietary private

security employer and Section 7574.01(f) defines a proprietary private security

officer, as follows:

7574.01(e) “Proprietary private security employer” means a person who has one or more

employees who provide security services for the employer and only for the employer. A

person who employs proprietary private security officers pursuant to this chapter at more

than one location shall be considered a single employer.

7574.01 (f) “Proprietary private security officer” means an unarmed individual who is

employed exclusively by any one employer whose primary duty is to provide security

services for his or her employer, whose services are not contracted to any other entity or

person, and who is not exempt pursuant to Section 7582.2, and who meets both of the

following criteria:

(1)

Is required to wear a distinctive uniform clearly identifying the individual as a

security officer.

(2)

Is likely to interact with the public while performing his or her duties.

(Revised July 2023)

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Alarm Company Operator and Alarm Agent

Business and Professions Code Section 7590.2 defines an alarm company operator

and 7590.1(b) defines an alarm agent as follows:

7590.2 (a) An “alarm company operator” means a person who, for any consideration

whatsoever, engages in business or accepts employment to install, maintain, alter, sell

on premises, monitor, or service alarm systems, and those ancillary devices connected

to and controlled by the alarm system, including supplementary smoke detectors, or who

responds to alarm systems except for any alarm agent. “Alarm company operator,”

includes any entity that is retained by a licensed alarm company operator, a customer, or

any other person or entity, to monitor one or more alarm systems, whether or not the

entity performs any other duties within the definition of an alarm company operator. The

provisions of this chapter, to the extent that they can be made applicable, shall be

applicable to the duties and functions performed in monitoring alarm systems.

7590.1(b) “Alarm agent” means a person employed by an alarm company operator whose

duties, being physically conducted within the state, include selling on premises, altering,

installing, maintaining, moving, repairing, replacing, servicing, responding, or monitoring

an alarm system, and those ancillary devices connected to and controlled by the alarm

system, including supplementary smoke detectors, or a person who manages or

supervises a person employed by an alarm company to perform any of the duties

described in this subdivision or any person in training for any of the duties described in

this subdivision.

Training Requirements

Security Guard with Firearm Training

7583.5.

(a)

Every licensee and any person employed and compensated by a licensee, other lawful

business, or public agency as a security guard or patrolperson, and who in the course

of that employment or business carries a firearm, shall complete a course of training

in the exercise of the power to arrest and the appropriate use of force and a course of

training in the carrying and use of firearms. This subdivision shall not apply to armored

vehicle guards hired prior to January 1, 1977. Armored vehicle guards hired on or after

January 1, 1977, shall complete a course of training in the carrying and use of

firearms, but shall not be required to complete a course of training in the exercise of

the power to arrest and the appropriate use of force. The course of training in the

carrying and use of firearms shall not be required of any employee who is not required

or permitted by a licensee to carry or use firearms. The course in the carrying and use

of firearms and the course of training in the exercise of the power to arrest and the

appropriate use of force shall meet the standards which shall be prescribed by the

Department of Consumer Affairs. The department shall encourage restraint and

caution in the use of firearms.

(Revised July 2023)

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(b)

No licensee or uniformed employee of a licensee shall carry or use any firearm unless

the licensee or employee has in their possession a valid firearms qualification card.

(c)

This section shall become operative on January 1, 2023.

Security Guard Training

7583.6.

(a)

Each applicant for a security guard registration shall complete a course in the exercise

of the power to arrest and the appropriate use of force as a condition for the issuance

of the registration. A course provider authorized to provide the training pursuant to

Section 7583.7 shall issue a certificate of completion to the person upon satisfactory

completion of the training. The course provider shall conduct the training in

accordance with Section 7583.7 and any applicable regulations adopted by the

bureau.

(b)

Except for a registrant who has completed the course of training required by Section

7583.45, a security guard registrant shall complete not less than 32 hours of training

in security officer skills within six months from the date an initial registration is issued.

A security guard registrant shall complete 16 of the 32 hours within 30 days from the

date the registration is issued.

(c)

A course provider, which is authorized to provide the training required by subdivision

(b) pursuant to subdivision (f), shall issue a certificate of completion to a registrant

after the registrant completes each training course. The course provider shall conduct

the trainings in accordance with any applicable regulations adopted by the bureau

subject to this chapter.

(d)

(1)

A registrant who is unable to provide their employing licensee the certificate of

satisfactory completion of the training required by subdivision (a) shall complete

the training within six months of the registrant’s employment date.

(2)

A registrant who is unable to provide their employing licensee the certificate of

satisfactory completion of the training required by subdivision (b) shall complete

16 hours of the training within 30 days of the registrant’s employment date and

shall complete the 16 remaining hours within six months of the registrant’s

employment date.

(e)

A registrant shall annually complete eight hours of specifically dedicated review or

practice of security officer skills prescribed in this section, Section 7583.7, or by the

bureau by regulation.

(f)

The trainings specified in this section may be administered, tested, and certified by

one of the following:

(1)

Any licensee.

(2)

Any training facility certified pursuant to this chapter.

(3)

Any organization or school approved by the bureau. The bureau shall approve

any instructor of an organization or school who will administer the trainings

specified in this section to ensure that the organization or school complies with

the requirements of this chapter, as well as any applicable regulations.

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(g)

(1)

A registrant shall maintain the certificate of completion the registrant received

for each training course prescribed in this section until the registration expires

or has been canceled. The registrant shall provide the records to the bureau

upon request.

(2)

A licensee shall maintain at the principal place of business or branch office a

record for each of its registrant employees verifying completion of the trainings

required by this section for the duration of the registrant’s employment. The

records shall be available for inspection by the bureau upon request.

(h)

This section does not apply to a peace officer as defined in Chapter 4.5 (commencing

with Section 830) of Title 3 of Part 2 of the Penal Code who has successfully

completed a course of study in the exercise of the power to arrest and the appropriate

use of force approved by the Commission on Peace Officer Standards and Training

or a federal qualified law enforcement officer, as defined in Section 926B of Title 18

of the United States Code, who has successfully completed a course of study in the

exercise of the power to arrest and the appropriate use of force.

(i)

This section does not apply to armored vehicle guards.

(j)

(1)

The bureau shall develop and approve by regulation a standard course and

curriculum for the skills trainings required by this section to promote and protect

the safety of persons and the security of property.

(2)

The bureau shall develop an outline for the course and curriculum described in

paragraph (1) in consultation with the Commission on Peace Officer Standards

and Training.

(k)

This section shall become operative on January 1, 2023.

7583.7.

A. The course of training in the exercise of the power to arrest and the appropriate use

of force may be administered, tested, and certified by any licensee or by any

organization or school approved by the department. The department may approve any

person or school to teach the course in the exercise of the power to arrest and the

appropriate use of force. The department may review and provide more guidance on

courses of training when best practices are updated. The course of training shall be

approximately eight hours in length and shall cover all of the following topics:

(1) Responsibilities and ethics in citizen arrest.

(2) Relationship between a security guard and a peace officer in making an arrest.

(3) Limitations on security guard power to arrest.

(4) Restrictions on searches and seizures.

(5) Criminal and civil liabilities, including both of the following:

a. Personal liability.

b. Employer liability.

(6) Trespass law.

(7) Ethics and communications.

(Revised July 2023)

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(8) Emergency situation response, including response to medical emergencies.

(9) Security officer safety.

(10) The appropriate use of force, including all of the following topics:

a. Legal standards for use of force.

b. Duty to intercede.

c. The use of objectively reasonable force.

d. Supervisory responsibilities.

e. Use of force review and analysis.

f. De-escalation and interpersonal communication training, including tactical

methods that use time, distance, cover, and concealment, to avoid

escalating situations that lead to violence.

g. Implicit and explicit bias and cultural competency.

h. Skills, including de-escalation techniques, to effectively, safely, and

respectfully interact with people with disabilities or behavioral health

issues.

i. Use of force scenario training, including simulations of low-frequency,

high-risk situations and calls for service, shoot-or-don’t-shoot situations,

and real-time force option decision making.

j. Mental health and policing, including bias and stigma.

k. Active shooter situations.

(11) Any other topic deemed appropriate by the bureau, excluding Weapons of

Mass Destruction and Terrorism Awareness, which may be an elective topic only.

1) The majority of the course shall be taught by means of verbal instruction. This

instruction may include the use of a video presentation.

2) Paragraph (10) of subdivision (a) shall be conducted through traditional classroom

instruction. For the purposes of this paragraph, “traditional classroom instruction”

means instruction where the instructor is physically present with students in a

classroom for a minimum of 50 percent of the course and is available at all times,

including during instruction provided through distance learning or remote

platforms, to answer students’ questions while providing the required training. In

this setting, the instructor provides demonstrations and hands-on instruction in

order to establish each student’s proficiency as to the course content.

C. The department shall make available a guidebook as a standard for teaching the

course in the exercise of the power to arrest and the appropriate use of force. The

department shall encourage additional training and may provide a training guide

recommending additional courses to be taken by security personnel.

D. Private patrol operators may provide a copy of the guidebook described in subdivision

operator may provide the guidebook to each person the private patrol operator intends

to hire as a security guard a reasonable time prior to the time the person begins the

course in the exercise of the power to arrest and the appropriate use of force.

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E. The bureau may inspect, supervise, or view the administration of the test at any time

and without any prior notification. Any impropriety in the administration of the course

or the test shall constitute grounds for disciplinary action.

F. This section shall become operative on January 1, 2023.

Proprietary Private Security Officer Training

7574.18.

A. Except for a person who has completed the course of training required by Section

7583.45, a person registered and hired as a proprietary private security officer shall

complete training in security officer skills within six months from the date upon which

registration is issued, or within six months of their employment with a proprietary

private security employer.

1) Except as provided in paragraph (2), a course provider shall issue a certificate to

a proprietary private security officer upon satisfactory completion of a required

course, conducted in accordance with the department’s requirements.

2) If a proprietary private security employer administers a course of training pursuant

to this section, that proprietary private security employer shall issue a certificate to

a proprietary private security officer for the completion of training in security officer

skills that each proprietary private security officer is required to complete, as

determined by the department, including, but not limited to, training in the exercise

of the power to arrest and the appropriate use of force. However, the employer

shall not be required to provide a certificate for training courses provided pursuant

to a curriculum adopted by the department that are specific to that employer’s

business and where the subject of training is not specifically required by the

department.

C. An employer of a proprietary private security officer may provide training programs

and courses in addition to the training required in this section.

D. The department shall develop and establish by regulation a standard course and

curriculum, which shall include a minimum number of hours of instruction, for the skills

training required by subdivision (a) to promote and protect the safety of persons and

the security of property. For this purpose, the regulations adopted by the department

pursuant to Section 7574.5, as added by Chapter 721 of the Statutes of 2007, are

continued in existence, and shall be amended by the department as necessary.

E. The course of training required by subdivision (a) may be administered, tested, and

certified by any proprietary private security employer, organization, or school

approved by the department. The department may approve any proprietary private

security employer, organization, or school to teach the course.

1) A proprietary private security employer shall annually provide each employee

registered pursuant to this chapter with specifically dedicated review or practice of

security officer skills prescribed in the training required in this section. The bureau

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shall adopt and approve by regulation the minimum number of hours required for

annual review.

2) A proprietary private security employer shall maintain at the principal place of

business or branch office a record verifying completion of the review or practice

training for a period of not less than two years. The records shall be available for

inspection by the department upon request.

G. This section does not apply to a peace officer, as defined in Chapter 4.5 (commencing

with Section 830) of Title 3 of Part 2 of the Penal Code, who has successfully

completed a course of study in the exercise of the power to arrest and the appropriate

use of force approved by the Commission on Peace Officer Standards and Training.

This section does not apply to armored vehicle guards.

H. A person registered and hired as a proprietary private security officer may submit

Verification of Military Experience and Training (VMET) records that document that

the person has completed equivalent military training in lieu of completing a course of

training in security officer skills pursuant to subdivision (a). The department shall

determine the type of equivalent military training that qualifies to serve as a substitute.

I. This section shall become operative on January 1, 2023.

Alarm Company Agent Training

7598.1.

A. Every person entering the employ of a licensee, performing the function of an alarm

agent who responds to alarm systems shall complete a course in the exercise of the

power to arrest and the appropriate use of force, prior to being assigned to a duty

location responding to an alarm system.

B. Evidence of completion shall consist of certification by the licensee or instructor that

the course in the exercise of the power to arrest and the appropriate use of force has

been taught, the date the course was taught, and certification by the employee that

the instruction was received. Evidence of completion of the course in the exercise of

the power to arrest and the appropriate use of force shall be maintained in the

licensee’s employee records and made available to the bureau upon request.

C. A qualified manager is not required to register under this article.

D. This section shall become operative on January 1, 2023.

7598.2.

A. The course of training in the exercise of the power to arrest and the appropriate use

of force may be administered, tested, and certified by any licensee. The department

may approve any person or school to teach the course in the exercise of the power to

arrest and the appropriate use of force. The course of training shall be approximately

four hours in length and cover the following topics:

1) Responsibilities and ethics in citizen arrest.

2) Relationship with the public police in arrest.

3) Limitations on security guard power to arrest.

4) Restrictions on searches and seizures.

(Revised July 2023)

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5) Criminal and civil liabilities.

a. Personal liability.

b. Employer liability.

6) The appropriate use of force, including all of the following topics:

a. Legal standards for use of force.

b. Duty to intercede.

c. The use of objectively reasonable force.

d. Supervisory responsibilities.

e. Use of force review and analysis.

f. De-escalation and interpersonal communication training, including tactical

methods that use time, distance, cover, and concealment, to avoid

escalating situations that lead to violence.

g. Implicit and explicit bias and cultural competency.

h. Skills, including de-escalation techniques, to effectively, safely, and

respectfully interact with people with disabilities or behavioral health issues.

i. Use of force scenario training, including simulations of low-frequency, high-

risk situations and calls for service, shoot-or-don’t-shoot situations, and

real-time force option decision making.

j. Mental health and policing, including bias and stigma.

k. Active shooter situations.

l. Any other topic deemed appropriate by the bureau, excluding Weapons of

Mass Destruction and Terrorism Awareness, which may be an elective topic

only.

B. Paragraph (6) of subdivision (a) shall be conducted through traditional classroom

instruction. For the purposes of this subdivision, “traditional classroom instruction”

means instruction where the instructor is physically present with students in a

classroom and is available to answer students’ questions while providing the required

training. In this setting, the instructor provides demonstrations and hands-on

instruction in order to establish each student’s proficiency as to the course content.

C. The department shall make available a guidebook as a standard for teaching the

course in the exercise of the power to arrest and the appropriate use of force. The

department shall encourage additional training and may provide a training guide

recommending additional courses.

D. This section shall become operative on January 1, 2023.

7598.3.

A. No employee of a licensee performing the function of an alarm agent who responds

to alarm systems shall be issued a firearms qualification card until proper certification

by the instructor that the course of training in the exercise of the power to arrest and

the appropriate use of force has been taught, and the employee’s certification that the

instruction was received, has been delivered to the department.

B. This section shall become operative on January 1, 2023.

(Revised July 2023)

BSIS Power to Arrest Training Manual Page 13

Exam Information

An applicant must receive a score of 100 percent on the examination in order to

successfully complete the course [Section 628 of Division 7 of Title 16 of California Code

of Regulations]. Trainees who fail the final examination the first time may study their weak

areas and try again. If the trainee has difficulty understanding the material as presented

in the booklet, the instructor is expected to offer guidance. This does not mean that you

are to provide the answer key along with the booklet, but rather to assist the applicant to

understand the questions.

If you are an employer administering the examination, keep in mind that you may be held

responsible for your employee’s conduct while on duty; therefore, it is in your interest to

ensure that they are properly trained. If you are a Bureau-approved instructor, you may

be held liable for the conduct of those to whom you have provided instruction; therefore,

it is in your interest to train the students properly.

These booklets are intended for reuse. Please be sure to caution applicants to refrain

from writing in the booklets. You are responsible for making any additional copies.

(Revised July 2023)

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Steps to Administering Training

Allow each person as much time as needed to finish the examination. Before beginning

the examination, determine whether anyone would benefit from having the examination

questions read aloud.

1. Explain the reason for “Power to Arrest and Appropriate Use of Force” and that the

final score of 100 percent is required before they can progress in the licensing

process. Explain that this is an open-book examination, and that answers may be

corrected before being submitted for grading. The course is intended to be a

learning experience as well as a guide to understanding.

2. Supply each applicant with a pencil and scratch paper as well as a Power to Arrest

and Appropriate Use of Force answer sheet. A quiet place should be provided for

the examination.

3. Have trainees read through the review questions. They should read the study

material and answer the questions by writing on the scratch paper provided. You

may answer any questions that may arise. If you are an employer, you may wish

to inform the applicants of your own company policies at this point. Discuss

answers.

4. Review the most important points in the text. These can be identified by following

subheaders and reviewing the questions.

5. Administer the final exam. Have trainees write their answers on the “Power to

Arrest and Appropriate Use of Force” answer sheet. If they fail the first time, have

them review the material again and correct the answers they missed.

6. Have each security guard/proprietary private security officer fill out an application

for registration for employment as a security guard/proprietary private security

officer or alarm agent.

(Revised July 2023)

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Responsibilities and Ethics in Citizen Arrest and Types of Encounters

Responsibilities of the Guard to the Bureau and the Employer

As a registered security guard, proprietary private security officer, or alarm agent, you

have certain responsibilities to the Bureau of Security and Investigative Services and your

employer. In order to prevent possible denial or revocation of your registration, it is

important that you are aware of the following:

1. Security guards, proprietary private security officers, and alarm agents must meet

several requirements before they begin work. These requirements include

submitting your application online or by mail with the required fees to the Bureau.

2. Submit your fingerprints to the Department of Justice via Live Scan immediately

and include a copy of the completed live scan form with the application and fees

to the Bureau.

3. Live Scan fingerprints are sometimes rejected by the Department of Justice and/or

the Federal Bureau of Investigation (FBI) for being illegible. If the fingerprints are

rejected, you will receive a reject letter from the Bureau and you will be instructed

to have your fingerprints redone.

4. A person may work as a security guard or security patrolperson pending receipt of

their security guard registration card if they have been approved by the Bureau

and carries on their person a hardcopy printout of the Bureau's approval from the

Bureau's website and valid picture identification.

5. A proprietary security officer may not carry a firearm or other deadly weapon,

including any electronic control device, stun gun, baton, or any chemical agent,

including pepper spray.

6. A security guard or alarm agent who carries a firearm or a baton must have a valid

exposed firearm permit and/or a valid baton certificate. A security guard carrying

a firearm or baton must be an employee of a private patrol operator, or a political

subdivision of the state.

7. If you move or change your address, you must notify the Bureau within 30 days,

or you may be issued an administrative fine.

8. If your employer or any instructor encourages you to violate any of the above

requirements, you may report them to the Bureau in writing.

At the end of each section of this manual, you will be asked several questions to assist

you in reviewing how well you understood and remember what you read. You will need:

• An answer sheet for the final examination,

• Scratch paper for answering the review questions (do not write in this booklet),

and

• A pen or pencil

(Revised July 2023)

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PART A. POWERS TO ARREST

Section 1: The Roles and Responsibilities of Security Personnel

Note: This section includes directions and suggestions that are at the discretion of the

employer. Some employers may want their security personnel to be more proactive as

long as they stay within the parameters of what is lawful regarding private persons

(citizen’s) arrest. Regardless of the license type, a security guard or a proprietary security

officer employed by a proprietary security employer will be held to the same standards as

prescribed in this training, and must be in compliance with the service/employment

contract.

Background of the Private Security Profession

While the concept of private security is often considered to be a relatively modern

phenomenon, the reality is that some form of private security has existed for centuries.

Whether it is the invention of locks, or the design of ancient forts and battlements, or the

provision of different people-related services, the concept of private security has existed

for much longer than the modern security guard.

In 1850, Allan Pinkerton founded the Chicago-based Pinkerton National Detective

Agency, which would quickly become the industry's largest private security company.

Among the Agency's main customers were the railroads, which had to contend with

outlaws who robbed trains of cargo and passengers of personal possessions. In the mid-

1800s, there were no federal authorities to chase outlaws across state and territorial lines,

and local law enforcement was too poorly equipped to pursue fleeing gangs very far.

Therefore, the job fell to crime victims and their hired agents. The Pinkerton Agency's

work for the railroads helped build an international reputation for the company.

In addition to tracking down and apprehending criminals, the early private security

industry performed many other duties now associated with federal and state law

enforcement: guarding interstate railroad and stagecoach shipments, investigating

crimes, and providing security advice to banks and other businesses that were frequent

targets of outlaws. Much of this work diminished when federal and local agencies

improved their law enforcement capabilities shortly after the turn of the 20th century.

However, the industry had grown considerably by that time, with large numbers of people

working as private guards, detectives, and other security-related jobs, many of them

armed. Regulation of the private security industry began in 1915, when California enacted

a licensing requirement for private investigators.

A security guard, also referred to as security officer, alarm agent, proprietary private

security officer, or security personnel, is paid and designated by an organization to protect

assets such as people, property, and money from imminent danger by enforcing

preventive precautionary measures. They are usually uniformed to denote a lawful

authority’s presence guarding a private property. Security personnel take watch and

create high visibility presence in assigned areas to prevent any unlawful criminal

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activities, patrol around and observe, watch surveillance camera feeds for any

irregularities and take action to prevent crime or minimize damage to life, limb, and

property.

Relationship Between Security Personnel and a Peace Officer in Making an Arrest

Roles and Responsibilities

It is important to remember that as a security guard, proprietary private security officer, or

alarm agent, you are not a peace officer!

How are security personnel different from peace officers?

Security personnel do not have:

o The same job duties as peace officers;

o The same training; or

o The same powers as peace officers, according to the law.

Any security personnel who pretend or even imply (lets others think) that they are a peace

officer is committing a crime. A person who is found guilty of impersonating a peace

officer could be punished by a fine and/or county jail sentence, and their professional

licenses may be denied or revoked.

What are security personnel’s roles and responsibilities?

o A security employee’s role is to protect people and property for their employer.

o A security employee’s responsibility before an incident/offense has occurred is

prevention.

o A security employee’s responsibility during or after an incident/offense has

occurred is to observe and report.

How should security personnel perform their job?

The major responsibility of security personnel should be prevention before an

incident/offense occurs. Thus, security personnel should be highly visible. By being seen,

the security agent may discourage anyone who might be considering committing theft,

damage, or personal injury. Security personnel’s job focus should be prevention.

To do the job well, you must:

o Be alert

o Listen

o Watch

The decision on how security personnel should react to any given situation is at the

discretion of the employer.

If an incident/offense occurs, a security employee should not immediately intervene.

Instead, the security employee should:

o Stay calm

o Observe and remember events

o Report to the police and the security employee’s supervisor (follow the employer

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policy).

Areas of Responsibility

A security guard, proprietary private security officer, or alarm agent is assigned to protect

specific people and property. This may include detecting some of the same offenses that

would cause a peace officer to act, such as a fight or burglary. It would not include other

offenses such as motor vehicle traffic violations or prostitution. This decision is at the

discretion of the individual’s employer.

For example, if you were on duty at a plant gate and you observed two teenagers having

an auto race down a public road, you would not try to arrest them. You may decide to

report it to the police if a telephone is nearby, but keep in mind that you were hired to

protect the plant - not to arrest speeders. (In fact, you should be suspicious of any activity

that may draw you away from your post. It could be a plan to draw your attention away

from your duties.)

What is a peace officer’s job?

Peace officers are law enforcement officers such as Sheriffs and their Deputies,

Constables, Marshals, members of city police forces, and other officers whose duty is to

enforce the law and preserve the public peace. If a law is violated, peace officers are

required to pursue and apprehend the person responsible. This is not required of a

security guard, proprietary private security officer, or alarm agent responder!

Remember: a peace officer’s responsibilities are different from security personnel’s

responsibilities.

o Security personnel only protect specific people and property as directed by their

employers.

o Peace officers protect all people and all property and enforce laws.

What other duties could security personnel have?

A security employee may be responsible for maintaining certain company rules

established by their employer. These could include:

o Requiring employees to show their badges when entering the property;

o Inspecting lunch pails or personal bags as employees leave the plant; or

o Monitoring safety standards and reporting hazards, blocked exits, fire safety,

slippery floors, etc.

The security personnel’s supervisor or employer will provide instructions on helping

employees observe company rules and policies.

Ethics and Communication

Ethical communication refers to communicating in a manner that is clear, concise, truthful,

and responsible.

For instance, some examples of ethics and ethical communication include:

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• Security personnel must be honest, bias-free, and not impose any personal

prejudice.

• Security guards are required to protect the interests of their employer.

• Confidentiality in dealings with people inside and outside the organization must

be honored and upheld.

• Duties should always be performed with decorum, due diligence, and the utmost

professionalism.

• Don’t behave in a manner that will escalate the situation. Patience is a must.

Prevention is the Key

The security employee’s primary role should be to protect persons and prevent damage

or destruction to property.

For example, if you spotted some people trying to climb a fence to enter private property,

you could shout at them or turn on the lights. Do anything lawful that would discourage

their trespassing; don’t wait until they cross the fence so you can arrest them.

Another typical situation: a person intends to steal from a store, but suddenly sees a

uniformed security employee on patrol. The person leaves the store without stealing

anything. The security officer, simply by being in uniform, has prevented a crime.

Observe and Report

If you can’t prevent an incident, the proper action should be to observe and report.

You should:

o Observe carefully, and

o Report immediately to local law enforcement and your supervisor.

Incident

Security Role

Before the incident:

Prevention

During or after the incident:

Observe and report, and notify law enforcement

Getting Help

If a serious offense, such as robbery, burglary, or assault with a deadly weapon, has been

committed, you will need help to apprehend the suspect.

Call the police immediately. Even peace officers who are trained to make forcible

arrests are encouraged to call for help in dangerous situations.

Examples:

1. You are patrolling the grounds of a factory at 2:00 a.m. and see two armed adults

entering the stock room. What should you do?

(You should call the police, then observe and report.)

2. You are a security guard providing security services to a retail store. A man runs

out of the store, and ten seconds later, the owner runs to you and says there has

been a robbery. What should you do?

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(Have the owner call the police, then observe and report. Chasing down a suspect

poses multiple risks, including abandonment of post, and injury to yourself or

others.)

3. You are a security guard providing security services to a retail store. A shopper is

about to leave with a bag full of potentially stolen items. What should you do?

(Always refer to the service/employment contract for guidance. Be aware that any

use of force may result in civil and/or criminal charges regardless of the

service/employment contract.)

4. You are a security guard in a jewelry store. An employee showing diamond rings

to a customer is called to the telephone. The customer is left alone with the display

box of diamond rings. What should you do?

(You should try to discourage a theft by making your presence known.)

Relations with Peace Officers and Law Enforcement

Your job is made easier if you have a good working relationship with the local peace

officers.

o Never “play cop.” You do not have the legal authority to do the same things a peace

officer can do. Also, playing cop may antagonize local law enforcement and hurt

your company’s working relations with them. Impersonating a peace officer is a

felony.

o Do not mislead people. Because of your uniform, badge, hat, or other gear, some

people may think you are a peace officer. Do not do anything to encourage this

false idea. Whenever the opportunity arises, make it a point to let them know that

you are not a peace officer, but a security guard, proprietary private security officer,

or alarm agent.

o During an emergency, you may not interfere with peace officers who may be on

the scene, even if they are on the private property of your employer or client. You

must cooperate to the extent possible with these peace officers or you may be

subject to arrest.

Remember, your roles are different! A peace officer is charged with the enforcement of

laws in a city or county. Security personnel are responsible for protecting only the specific

people or property they are hired to protect.

Observation and Report Writing

Stop! Look! Listen! In a sense, security personnel are paid observers. As a security

employee, your role should be prevention. When an offense has been committed, your

responsibility should be to observe and report. You may be required to:

o Report to the police

o Write a report for your employer

o Testify as to what you saw, heard, and did

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You will need to know the difference between a fact and a conclusion.

o A fact is what has actually happened, or what is known to be true.

o A conclusion is a judgment or opinion formed as a result of the facts.

Peace officers and your employer are interested only in the facts. With proper facts, they

can reach their own conclusions. For example:

FACT: As I came around the corner, I saw two men kneeling at the door. One was

holding a crowbar. The door had markings around the lock.

CONCLUSION: The men are burglars.

Other examples:

Facts

Conclusion



A man was walking inside of a

fenced area, looking at the loading

dock.



A man was wandering around

looking for something to steal

 A young man was weaving back

and forth and almost fell down twice

in the two minutes I observed him.

 He was drunk and couldn’t even

walk right.

 A woman got into the car and tried

to start it.

 She tried to steal the car.

 A girl picked up the necklace,

examined it, placed in her purse,

and walked directly to the north exit.

 After she stole the necklace, she

tried to get away by the north exit.

Practice makes perfect! It will take practice to become a good observer and to be able

to report facts instead of conclusions.

When you write a report, remember to include these six facts:

1. Who: list and describe all individuals involved in the incident

2. What: describe the incident and circumstances in detail

3. Where: specify location as accurately as possible

4. When: pay attention to the specific time and the passage of time

5. How: describe the behavior of all involved

6. Names of witnesses: include contact information if possible

Professional Conduct of Security Personnel

The ability of security personnel to fulfill their duties is dependent upon securing and

maintaining public respect and approval, which includes obtaining the public's willingness

to cooperate in the task of preventing crime. The extent to which the community's respect

and trust can be secured is diminished when security personnel act in an unprofessional

or unlawful manner. The personal conduct of a security employee is always under a

microscope. You must be constantly mindful of your obligations to serve your employer

efficiently and effectively. The degree to which the community will cooperate with you is

dependent upon its respect for and confidence in you.

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Remember, the general public sometimes thinks of security personnel as police officers,

due to the fact that their uniforms are not readily identifiable from a distance. As such,

security personnel should maintain their appearance and demeanor to the highest level.

Contractual Obligations and Company Policies

The directions in this section are a suggestion and are at the discretion of the employer.

Some employers may want their security personnel to be more proactive as long as they

stay within the parameters of what is lawful regarding private persons (citizen’s) arrest.

The important note is to always be aware of and well-versed in your employer or client’s

policies, guidelines, and expectations.

Real-Life Scenarios

Example 1: You are standing guard inside a department store, and you observe two

people coming out of a bar across the street. They start to fight. You should:

A. Go over and try to break up the fight.

B. Call the police if you can remain at your post.

The answer is “B.” Your priority is to guard the property you are hired to protect, the

department store. Observe and report if possible, the bar incident if it does not distract

from your primary job.

Example 2: You are hired by a restaurant as a security guard. An angry customer refuses

to pay his check. Your job is to:

A. Arrest them and everyone in their party.

B. Keep the peace and follow restaurant policy.

The answer is “B.” An arrestable offense has not been committed, and you should enforce

your employer’s policies.

Notice the difference between situations in examples 1 and 2. In #1, the fight does not

relate to your responsibility at the department store. In #2, the customer is on your

employer’s premises. This dispute relates to your responsibility to protect your employer’s

property because a fight could damage or destroy property.

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Section A-1 Review Questions

1. The primary role of a security officer is to:

a. Enforce the law

b. Protect people and property

c. Act like a peace officer

d. Arrest law breakers

2. What is the responsibility of security personnel before an incident or offense has

occurred?

a. Detain and punish

b. Stay out of sight

c. Prevent

d. Search and seize

3. It is against the law for security personnel to:

a. Arrest someone

b. Protect property

c. Observe and report

d. Make someone think they are a police officer

4. During an emergency on the employer’s property, a peace officer instructs security

personnel to stand out of the way behind a police line. The security personnel

must:

a. Refuse, as the security employee’s duties are different from those of the

peace officer

b. Cooperate and follow the lawful orders of the police officer

c. Apprehend the persons violating the law on the employer’s property, since the

security employee’s duty is to protect the property of the employer

5. The general public judges a security employee by:

a. Appearance

b. Speech

c. Attitude

d. All of the above

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Limitations on Security Personnel Power to Arrest, and Security

Personnel’s Role and Restrictions on Searches and Seizures.

Section 2: Encounters and Arrests

Authority to Question

A security employee is an agent of the owner of the private property and, in this role, can

exercise the owner’s right to ask people on the (owner’s) property what they are doing

there, who they are, etc. If they refuse to answer the questions or if their answers are not

satisfactory, the security employee may ask them to leave. If they do not leave, the

security employee may arrest (citizen’s arrest) them for trespassing, and should call local

law enforcement without unreasonable delay.

What are the property owner’s rights?

The owner of the property has the right to establish certain rules on their property that

may not be a part of the Penal Code. For instance, if an employee shows up for work

drunk, they may be violating a company rule. The client may want the employee sent

home or may intend to fire the employee. How this situation is handled is between the

employer and the employee, and has nothing to do with the police or public law. Security

personnel must know what their employer’s policy states.

Trying to enforce company policy could, however, result in a violation of public law, by

you or by the employee.

For example, if the employee is asked to leave and refuses, they may be arrested for

violating the public law against trespassing. On the other hand, if security personnel uses

unnecessary force in removing the employee from the premises, the security personnel

may be arrested for committing assault and/or battery.

How should you handle violations?

As security personnel, acting as a representative of the owner on the owner’s private

property, you can physically prevent a person from entering an area - but only as a last

resort! Be sure to check with your employer regarding the way to handle a violation of

company rules, as well as how to handle violations of certain laws.

A Basis for Making Decisions

The very nature of security work requires security personnel to be constantly aware of

their surroundings, the law, and the mission of private security in today’s society.

Three factors to consider when making timely and reasonable decisions are:

FACTS: Consider the facts involved in the incident. The facts of any incident will be

learned by answering the following questions:

Who? What? When? Where? How? and possibly, Why?

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LAW: Consider the laws that may apply to the incident. Has a city, county, state, or federal

law been violated?

POLICY: Consider any policy that may apply to the incident. What is the policy of your

employer regarding this incident?

Inspections

As security personnel, your employer may enlist your assistance in conducting

inspections of employees. This is not a search. Always make sure the employer has

notified the employees first. Such inspections are often conducted at the end of the

workday by looking into employees’ cars, lunch pails, purses, or tote bags to make sure

unauthorized items are not being taken off the premises.

An inspection is always conducted with the employees’ cooperation.

For example, when you want to look inside a lunch pail, purse, or tote bag, ask the

employee to open it up for you to look inside. If you can’t see the contents because

something is in the way, ask the employee to remove the obstruction. If the employee

tries to hand the item to you, politely refuse. Never touch the employee or handle the

employee’s property.

Understand company policy. Generally, if an employee does not cooperate, you should

record:

o Date, time, and location

o Name

o Physical description

o Badge/ID number

o License number of any vehicles involved

o Then, make a full report in writing to your employer

The above direction is a suggestion and is at the discretion of the employer. Some

employers may want their security personnel to be more proactive as long as they stay

within the parameters of what is lawful regarding private persons (citizen’s) arrest.

Citizen’s Arrest

The authority to arrest is given to all private persons. A security employee has the same

power to arrest as any other private person. However, because the security officer wears

a uniform and badge, this can lead to misunderstanding and abuse.

An arrest is a form of lawful control by one person over the actions or movements of

another. An arrest is taking a person into custody in a case and in the matter authorized

by law. An arrest may be made by a peace officer or a private person (citizen’s arrest).

At no time are you, as a security employee, obligated to make a citizen’s arrest. You may

be at the scene when a violation occurs, but you do not have to make an arrest.

Your first responsibility should be prevention. After a crime has been committed, your

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responsibility should be to observe and report.

The purpose of this training is not to encourage you to make more citizen’s arrests, but

to teach you the law concerning arrests, 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

a citizen’s arrest. Here are a few:

- Physical size: Is the subject bigger or stronger than you are? In better physical

condition?

- Weapons: Is the subject armed? Could they be carrying a concealed weapon?

- Escape: If you do not make a citizen’s arrest at this moment, will the subject 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.

- 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 citizen’s arrest than kids climbing a fence to steal apples from your

employer’s orchards.

- Relation to your 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 your employer. After all, your employer is paying you!

Arrestable Offenses

The California Penal Code (PEN) defines criminal offenses. This section will not attempt

to cover all of them, but will cover many of the most common offenses. The Penal Code

classifies crimes into three categories: Infractions, Misdemeanors, and Felonies.

Infraction

Infractions are offenses that are punishable only by a modest monetary fine. There is

normally no jail sentence imposed for committing an offense defined as an infraction, and

the person committing the offense is normally cited at the scene in a fashion similar to the

issuance of a traffic citation. The offender is normally not taken into custody or arrested

but merely detained for purposes of issuing the citation.

Because most infractions occur on public property, public highways and roadways, or in

areas not routinely patrolled by private security, most security personnel will not be

confronted with situations involving the violations of laws which carry infraction penalties.

Security personnel are typically not authorized to issue citations, commonly known as

notices to appear in court. For this reason, enforcement of laws involving infractions are

usually reserved for law enforcement officers.

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Misdemeanors

Misdemeanors are offenses that are punishable by a fine and/or a term in the county jail.

The following two conditions must exist in order for you 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.

Felonies

A felony is a more serious offense that may be 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 subject and left at the scene of the crime, or testimonial evidence

such as observations by security personnel or by other persons (which are told to the

security personnel), in which the subject was observed committing the crime.

Private Person’s Arrest

Although your normal responsibilities include the preventing of problems and the

observation of detail after an offense, there may be rare occasions when you consider it

necessary to detain an individual or perform a citizen’s arrest. Every company in the

private security industry has different policies about when and if you should arrest. If you

don’t know your company’s policy, find out.

Security personnel’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 Penal Code Section 834, “An arrest is taking a person into custody in a

manner authorized by law.” Penal Code Section 834 goes on to state that, “An arrest

may be made by a peace officer or by a private person.”

Penal Code Section 837 specifies the conditions under which you, 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 felony or a misdemeanor.

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Example of a Misdemeanor Offense

If you observed a person picking up a rock and throwing it through a plate glass window,

that person could be arrested. Breaking a window is a misdemeanor offense and you

know that they committed the offense because you saw the person do it.

On the other hand, consider this case: You hear a plate glass window break and rush to

the front of the building only to see a group of teenagers laughing and milling around. Two

of them point to one of the others and say, “He did it.” In this instance, you would not have

grounds for an arrest. It appears an offense has been committed, but you did not actually

see the person doing it.

Remember:

To arrest someone for the commission of a misdemeanor, the offense must be:

1) committed in your presence, or

2) attempted in your presence!

Example of a Felony Offense

You are patrolling an apartment complex and you see an apartment door open. You look

inside and see that the place has been burglarized. As you leave the apartment, you see

two individuals carrying large bundles of assorted valuables to a waiting van. They see

you and speed up. You call for them to halt, but they load up the van and are in the

process of getting into the front seat. You are justified in questioning these individuals.

On the other hand, consider this: You are told by an apartment dweller that he was just

burglarized and you see two individuals walking towards a van with the motor running.

The men look around suspiciously but are carrying nothing. You should get descriptions

and observe and report.

Remember:

To arrest someone for committing a felony,

1. the felony must have been committed, and

2. you must have reasonable cause for believing that the person you are arresting

actually committed the felony.

Making a Citizen’s Arrest

According 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, that person is called a suspect. The person is then

considered a suspect until the court finds the person 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 guilt.

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Making the Arrest

If you should happen to be in a situation where a citizen’s arrest is called for, you should

tell the person that they are under citizen’s arrest and what the charges are, and your

authority to make the citizen’s arrest.

Once you say “You are under arrest for burglary,” the subject may or may not cooperate.

If the subject 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 the citizen’s arrest.

Use of Force in a Citizen’s Arrest

If a subject resists arrest, you are allowed to use reasonable force to subdue the subject.

Reasonable force is that degree of force that is not excessive and is appropriate in

protecting oneself or one’s property. If the subject 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. This topic will be covered in depth

later in your training.

What is Excessive Force?

Examples of excessive force include knocking unconscious an unarmed subject when he

is only trying to leave the scene. Handcuffs may be used on persons who have resisted

or on subjects you think may be trying to resist or escape (refer to your employer’s policies

on the use of restraints).

What is Detention?

A 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.

The police have the authority to detain a person against their will and still not arrest that

person. Security personnel do not have the authority to detain a person against their will

except under Penal Code Section 490.5 (Merchant’s Privilege Rule), which is covered in

detail later in this section.

When is a subject considered to be under arrest?

It should be clear to the subject that they are under arrest after you have told the subject

of your intention, cause, and authority to arrest them. However, there are also other

actions that may make a subject feel they are under arrest. If, because of your uniform,

badge, hat, or verbal actions, the subject concludes they must answer your questions or

are not free to walk away, they may justifiably claim they were under arrest.

What is the right way to approach a subject?

Guilt by association is not a lawful way to make arrests. Let’s look at an example:

It is 11:00 p.m. and a security employee is making their rounds of the plant when

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they find 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 security employee 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

security employee 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 the engine. The security employee then asks, “Didn’t you hear

what I said?” The other man says, “Leave us alone.” The security employee 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.”

Analysis: Finding 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. Next, there is nothing to tie the two men to forcing the gate open except that

their truck was parked nearby. The security employee cannot demand that the men

answer their questions. The security employee’s attitude, tone of voice, uniform, and

badge could easily have made the men believe that they were being arrested. If the

security employee refused to let them leave and if it turned out they had nothing to do

with forcing the gate, the men could sue the security employee for false arrest and for

battery, because the security employee grabbed the man’s arm.

What the security personnel should have done: First, they 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 security employee should have secured the gate

and reported its condition to their supervisor, being careful to watch for other suspicious

activity. The security employee may or may not decide to talk with the two men. The

security employee 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 security

employee can do except observe closely. The security employee should never touch

another person except when reasonable force is necessary when placing that person

under citizen’s arrest.

A better approach: Remember 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:

“Hi! Got car troubles?” One of the men replies, “Yeah! This darn thing shorts out

every once in a while.” The security employee then asks, “Say, have you seen

anybody around the gate?” The men reply, “No, we haven’t seen anyone except you.”

The security employee 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 security employee then

walks away.

The security employee may not have gotten much information, but at least they had a

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chance to observe each man closely and check their activities without running the risk of

bad public relations or a false-citizen’s arrest suit.

Searching a Subject

You should avoid searching a subject. Laws protect the rights of subjects who are being

searched. This section explains what you should and should not do.

You are not allowed to search someone in order to find evidence for making a citizen’s

arrest.

When you see someone steal something you have been hired to protect, you may first

detain the person by telling them that they are under arrest for theft. Then you may

physically detain the person for the police to search. You should not give the subject an

opportunity to dispose of any items taken.

If you have reasonable cause to believe you are in physical danger by detaining the

subject, you may search the individual for weapons.

Remember: You may search for only one thing – weapons (Penal Code Section 846).

“Frisk” Method in Searching for Weapons

A frisk is a limited search for a concealed weapon. This should occur after the subject is

arrested. To frisk a subject, follow these steps:

A. Stand behind the subject

B. Run your hands over the outside of their clothing

C. Pat those areas where a weapon might be concealed

D. Remove anything that feels like a weapon

CAUTION: Do not remove any article that does not feel like a weapon.

Always use discretion when touching a subject. Whenever possible have a security

employee of the same sex conduct the frisk, and always try to have witnesses to the frisk.

Stay alert! Don’t relax after a frisk or take your eyes off the subject after you have

completed the frisk. They may still have a weapon you did not find!

The frisk should be done quickly, and if possible, with another security employee standing

by. Practice the frisk on a partner by having them conceal a small object.

During a frisk, you may also discover illegal items called contraband. The most common

type of contraband is narcotics. If you discover contraband while you are frisking for

concealed weapons, leave it alone and tell the police when they arrive.

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ILLUSTRATION OF THE FRISK

Searching a Subject Under the Merchant’s Privilege Rule

The Merchant’s Privilege Rule is found in California Penal Code Section 490.5.

Subdivision (f) of this statute provides legal authority for a merchant or their employee or

agent, including security personnel, to detain persons suspected of shoplifting in a retail

store. In part, the law states:

“(f)(1) A merchant may detain a person for a reasonable time for the purpose of

conducting an investigation in a reasonable manner whenever the merchant has

probable cause to believe the person to be detained is attempting to unlawfully take

or has unlawfully taken merchandise from the merchant’s premises.

(2) In making the detention a merchant may use a reasonable amount of non-deadly

force necessary to protect himself or herself and to prevent escape of the person

detained or the loss of property.

(3) During the period of detention any items which a merchant has probable cause to

believe were unlawfully taken from the premises of the merchant and which are in

plain view may be examined by the merchant for purposes of ascertaining the

ownership thereof.

(4) A merchant or an agent thereof, having probable cause to believe the person

detained was attempting to unlawfully take or has taken any item from the premises,

may request the person detained to voluntarily surrender the item. Should the person

detained refuse to surrender the item of which there is probable cause to believe has

been unlawfully taken from the premises, or attempted to be unlawfully taken from the

premises, a limited and reasonable search may be conducted by those authorized to

make the detention in order to recover the item. Only packages, shopping bags,

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handbags or other property in the immediate possession of the person detained, but

not including any clothing worn by the person, may be searched pursuant to this

subdivision. Upon surrender or discovery of the item, the person detained may also

be requested, but may not be required, to provide adequate proof of his or her true

identity.”

The important things to remember when working for a retail merchant are:

1. A suspected shoplifter can be detained where there is reasonable cause to believe

that the subject has unlawfully taken or attempted to take an item from the store.

This is not an arrest, but merely a detention in order to investigate further the

reasonable belief that a theft has occurred or was attempted.

2. Reasonable non-deadly force may be used to carry out the detention where the

subject resists. Always refer to the service/employment contract for guidance. Be

aware that any use of force may result in civil and/or criminal charges regardless

of the service/employment contract.

3. Following a request to surrender the item believed taken, you may search their

belongings (limited to shopping bags, handbags, and other items) in the immediate

possession of the subject, but not a search of clothing or apparel worn by the

subject.

4. Following the detention, and if it is established that shoplifting has occurred or was

attempted, and if criminal charges are to be pursued, the subject must be given

over to law enforcement authorities. This must occur within a reasonable period of

time following detention.

5. Mall security personnel should be very aware of the fact that they protect mall

property and that the individual stores in that mall are privately owned and rent

space from the mall owners. With this in mind, unless the mall owners have a

signed agreement with the stores that the security department in the mall has the

permission to act as individual store security, security personnel may not use Penal

Code Section 490.5 inside individual stores. In other words, the Merchant Privilege

Rule may NOT apply in this situation, and thus any use of force may not be

justified.

Trespass Laws

Trespassing is a common situation that security personnel must manage. In addition to

Penal Code Sections 601 and 602, be aware of local city and county ordinances regarding

trespassing, and your employer’s policies and procedures.

Most people have heard the term “trespassing” and understand its basic meaning -- to

enter another's property without their permission. But legally speaking, there must also

be some level of intent. Simply wandering onto someone's property is not itself a crime,

but scaling a fence or disregarding a "No Trespassing" sign does adequately show intent.

Criminal trespassing charges often involve other wrongful acts (or the intent to commit

them), such as burglary, vandalism, or invasion of privacy. Additionally, property owners

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may file civil claims against trespassers in an effort to collect for damages regardless of

whether a crime was committed.

The statutory definition of criminal trespass is, “Refusing or failing to leave land, real

property, or structures belonging to or lawfully occupied by another and not open to the

general public, upon being requested to leave by:

1. A peace officer at the request of the owner, the owner's agent, or the person in

lawful possession, and upon being informed by the peace officer that he or she is

acting at the request of the owner, the owner's agent, or the person in lawful

possession, or

2. The owner, the owner's agent, or the person in lawful possession.”

The specific elements of the offense are based on the specific type of trespassing alleged.

But generally, the elements can be reduced to the following:

1. Defendant willfully entered property belonging to someone else, without

permission; and

2. When defendant entered the property, he/she intended to interfere with the rightful

owner’s property.

One commits an act of aggravated trespass if they:

1. Makes a credible threat of bodily harm, and

2. Enters that person's property or place of employment within 30 days of the threat,

intending to carry it out.

For example, an individual goes into a grocery store and begins to harass other shoppers

about the store’s use of child labor. Their actions directly interfere with the store’s ability

to conduct business. Security is called and asks the person to leave the store, but they

refuse. This person could be charged with trespassing because even though they may

have initially had permission to enter the store, they were interfering with business and

unlawfully remaining after they were told to leave.

Alternately, consider a homeless person entering a restaurant to purchase food with

money they obtained from panhandling. When they enter, the other patrons leave

because of this person’s appearance and smell. This person could not be prosecuted for

trespassing because even though they may have interfered with the restaurant’s

business, they did not enter the store with the intent to do this.

For other examples of the practical application of California state trespass law, see

People v. Brown (Appellate Department, Superior Court, San Diego. Crim. No 7474,

1965) and Daluiso v. Boone (L.A. No. 29433. In Bank. 1969).

Criminal and Civil Liabilities

Actions based on poor judgment can lead to legal problems for both you and your

employer. You must, by law, avoid certain actions. Legal responsibilities and liabilities

that affect you are presented in this section.

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CRIMINAL LIABILITIES

WHO HAS THE POWER TO ARREST?

The authority to arrest is given to all private persons. A security guard/proprietary private

security officer has the same power to arrest as any other private person. However,

because the security officer wears a uniform and badge, this can lead to

misunderstanding and abuse.

WHAT IS AN ARREST?

An arrest is a form of lawful control by one person over the actions or movements of

another. An arrest is taking a person into custody IN A CASE and IN THE MANNER

authorized by law. An arrest may be made by a peace officer or a private person (citizen’s

arrest).

WHAT IS CRIMINAL LIABILITY?

Crimes are generally defined in penal statutes of a state, or the ordinances of local cities

or counties. All persons are expected to obey these laws. Anyone who violates a criminal

law is subject to a fine, and/or a term in jail, or prison, depending on the type of crime.

The potential for punishment as a result of violating a criminal law is called CRIMINAL

LIABILITY. Some acts by security guard/proprietary private security officers for which

criminal liability is possible include:

INTIMIDATION:

Threatening physical harm or otherwise frightening people when they do not cooperate

or confess to a crime.

EXCESSIVE PHYSICAL FORCE:

Where an arrest is made, the law allows only the use of physical force, which is

reasonable or necessary to restrain the suspect if they are resisting, in order to make the

arrest. Where more force is used than that which the law allows, the arresting party is

said to be using “excessive force” and may be held criminally as well as civilly liable. An

example of excessive force is the discharge of a firearm in shooting a suspect in order to

protect personal property. By law, deadly force is allowed only to protect lives.

USE OF UNAUTHORIZED DEADLY WEAPONS:

Becoming registered as a security guard DOES NOT entitle a security guard to carry a

weapon. Some weapons such as knives with blades longer than 2 inches or switch-blade

knives, brass knuckles, nunchakus, or sawed-off shotguns cannot be carried by security

guards. Security guards cannot carry a gun and/or a baton unless they have the additional

exposed firearm permit and/or baton certificate. If they carry the gun concealed, they must

also have a concealed weapons permit issued by their local law enforcement agency.

Proprietary private security officers are unarmed and cannot carry a gun or a baton.

Proprietary private security officers cannot carry any deadly weapons. Proprietary private

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security officer cannot carry weapons such as switchblade knives or knife’s with blades

over 2 inches in length, brass knuckles, nunchakus, batons, or guns as they are

considered deadly weapons.

UNLAWFUL USE OF DEFENSIVE WEAPONS:

Security guards cannot carry handguns and batons unless authorized by the Bureau.

Security guards are allowed to carry an exposed firearm and/or baton only after the

security guard completes the Bureau recognized training and the appropriate permits are

issued.

FALSE ARREST:

MISDEMEANOR ARREST - a private person making a misdemeanor arrest may be found

criminally liable for a false arrest if the arrest is made and the arresting party did not

actually observe the suspect commit the misdemeanor in their presence.

FELONY ARREST - a private person making a felony arrest may be found criminally liable

for a false arrest if the arrest is made or caused to be made by others and the arresting

party does not have reasonable cause to believe that the person arrested committed the

felony.

EVERYONE HAS CIVIL LIABILITY

The legal term “PARTY” can be a person, company, or organization.

When one party believes it has been injured, damaged, or wronged by another party, it

may make a lawful claim for damages.

The claim or “LAWSUIT” is presented to a civil court where both parties may explain their

positions to a judge or jury.

A court judge may decide whether or not one party in a lawsuit has damaged another.

If damages are due, the court will decide, after a trial, how much money must be paid by

one party to another.

The responsibility for the things we do, or fail to do, with the possibility of being sued by

another is called “CIVIL LIABILITY.”

WHY IS YOUR EMPLOYER ALSO RESPONSIBLE FOR YOUR ACTIONS?

As a security guard/proprietary private security officer, you are a representative of your

employer. Therefore, any negligence or wrongful acts committed by you may also cause

your employer to be held responsible. Suits may be brought against you (the security

guard/proprietary private security officer) and/or your employer.

FOR EXAMPLE:

A security guard/proprietary private security officer makes a false arrest. The person

arrested may file a civil suit for damages against the security guard/proprietary private

security officer, his employer, and all of those believed to be responsible.

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After the Arrest

After you arrest someone, you must contact the police without delay. You should write

down the time you (1) made the arrest, and (2) called the police. If you delay too long in

calling the police, you may be guilty of illegal detention, even though you might have spent

the time questioning the subject.

What is Reasonable Delay?

Reasonable delays, however, are usually acceptable. For example, if you had to walk a

half-mile to get to the nearest phone or wait at your post for your partner to relieve you,

these would be considered reasonable delays. However, if a phone is handy and you wait

an hour before calling, this could be considered an unreasonable delay.

What is the Peace Officer’s Responsibility?

Upon arrival at the scene, the police will assess the situation and make a determination

as to whether or not they will take into custody or place under arrest the subject of your

citizen’s arrest.

Custody means “to take charge of.” If the subject is charged with a serious offense, the

police may take them to the station to take fingerprints and photographs. Also, they might

not release the subject unless bail is posted.

Taking custody of subjects charged with less serious offenses may not involve going to

the police station. The police may choose simply to cite and release the subject pending

a hearing. This is also considered “taking into custody.” The police will take down a

statement of what happened, so you should take care to observe as many factual details

as possible. The police will also investigate to collect evidence. You may also be asked

to testify at the trial.

Release from Custody

If the peace officer decides to release the suspect, Penal Code Section 849(c) provides

that the peace officer shall include a record of release in the report. Thereafter, such

arrest shall not be deemed an arrest, but detention only (Penal Code Section 849.5).

Citizen’s Arrest for Misdemeanor

If the suspect is charged with a misdemeanor (such as trespassing, petty theft, or

disturbing the peace), you will be recorded as the person making the arrest. You cannot

arrest a subject for a misdemeanor unless you actually see a violation happen.

If you arrest a subject, you must call the police. When they arrive, make your statement;

the peace officer may choose to release or arrest the subject.

Other things you may be expected to do if you make a misdemeanor arrest include:

1. Meeting with the district attorney (usually the next day) to discuss the case

and give a sworn statement regarding what happened.

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2. Attending the suspect’s hearing.

3. Testifying at the suspect’s trial.

Emergency Situation Response, Including Response to Medical Emergencies

A security employee may be faced with a medical emergency in the course of their duties.

The appropriate response is almost always to call 911, and to assist in keeping the

situation and/or area safe and clear for emergency personnel. A guard should avoid

attempting lifesaving measures of any type if they are not trained and/or certified to do

so.

Security Officer Safety

Remaining safe is key for security personnel. Always follow protocol, including employer

policies, and remain aware of your surroundings at all times. Know your limitations, and

follow common sense safety rules. Avoid high-risk situations that could lead to physical

altercations.

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Section A-2 Review Questions

According to the law, which of the following conditions must exist before you can make

a misdemeanor arrest?

a. The suspect must admit to the crime

b. The crime must have been committed or attempted in your presence

c. Someone told you the suspect did it

What should you say to a person you are arresting for burglary?

a. State your intent to arrest

b. State the charge, which is suspicion of burglary

c. State your authority to make the arrest

d. All of the above

If you are struggling to get a suspect under control and there are a number of

bystanders, what does the law say you can do?

a. Ask the bystanders to help you

b. Demand that the bystanders help you

c. Demand the bystanders call the police

d. None of the above

According to the text, you should:

a. Search all suspects immediately

b. Not search a suspect unless you have reason to believe they have a weapons

c. Only search persons suspected of major crimes

d. Only search persons with a police record

It would be lawful to hold a suspect for two hours so your supervisor could question

them before you called the police.

a. True

b. False

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BSIS Power to Arrest Training Manual Page 40

PART B: APPROPRIATE USE OF FORCE

Overview

1. Legal Standards for Use of Force

2. Use of Objectively Reasonable Force

3. Duty to Intercede

4. Supervisory Responsibilities

5. Use of Force Review and Analysis

6. De-escalation and Interpersonal Communication Training

7. Implicit and Explicit Bias and Cultural Competency

8. Skills, including De-escalation Techniques to Interact with People with Disabilities

or Behavioral Health Issues

9. Use of Force Scenario Training

10. Mental Health and Policing of the Public, Including Bias and Stigma

11.Active Shooter Situations

Section 1: Legal Standards for Use of Force

Statutes and Legal Considerations

Reasonable force in an arrest situation is a degree of force reasonably needed to detain

an individual and to protect oneself. See People v. Garcia (1969) 274 Cal.App.2d 100.

In Graham v. Connor, 490 U.S. 386, (1989), the United States Supreme Court held that

determining the objective reasonableness for the use of force must be fact-specific, based

on the totality of the circumstances confronting the individual at the time the force

is used, in addition to Penal Code section 835(a). The reasonableness of a particular use

of force must be judged from the perspective of a reasonable person on the scene,

rather than with hindsight.

The evaluation should be based on the facts and circumstances confronting the individual

without regard to their underlying intent or motivation. While this Graham only applies to

peace officers, it still provides a framework for defining reasonable force.

Additionally, in People v. Curtis (1969 70 Cal 2d 347), the California Supreme Court held

that “a person may use objectively reasonable force to defend life and limb against

excessive force.”

When charged with a crime, a defendant is found to have legally acted in self-defense

under Penal Code section 197(3), if all of the following are found:

o reasonably believed that they were in imminent danger of being killed or

suffering bodily injury;

o reasonably believed that the immediate use of force was necessary to defend

against that danger; and

o used no more force than was reasonably necessary to defend against that

danger.

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BSIS Power to Arrest Training Manual Page 41

Danger is considered imminent when there is an immediate or present threat. An

imminent danger cannot relate to something that may or may not happen in the future.

(See California Criminal Jury Instructions (CALCRIM) No. 505.)

Licensee and Client Contractual Obligations

As security personnel, you are a representative of your employer. Therefore, any

negligence or wrongful acts committed by you may also cause your client to be held

responsible. Suits may be brought against you (the security agent) and/or your client.

For example, a security guard makes a false arrest. The person arrested may file a civil

suit for damages against the security agent, his employer, and all of those believed to be

responsible which may include the client being held liable.

Even if the civil suit against you (the security personnel) or your employer fails, the action

may be costly for you, your employer and your client to defend.

Security personnel who are expected to make citizen’s 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, so as to minimize

civil liability.

As security personnel, you should work primarily in a preventive role. Use good judgment

and exercise caution when faced with a citizen’s arrest situation. Every person must be

accountable for their actions. Acts of security personnel in a citizen’s arrest situation are

easy to defend when good judgment, restraint, and good faith have been used.

Civil and Criminal Liability

Civil Liability

The responsibility for the things we do, or fail to do, with the possibility of being sued by

another, is called civil liability. A court judge may decide whether one party in a lawsuit

has damaged another. If damages are due, the court will decide, after a trial, how much

money must be paid by one party to another.

Civil Liability is the potential non-criminal legal consequences one incurs from the com-

mission or omission of an act. Civil liability is separate from the criminal process and

cannot result in a person being arrested or sentenced to jail or prison. Civil judgment may

result in a civil trial and one party being ordered by the civil court to pay money to another

party for "damages." The process generally involves one party filing a civil suit against

another party in a civil court.

For example, a security guard fatally shoots a fleeing shoplifting suspect in the back. The

guard, their employer, and any other person party to the shooting, such as a supervisor,

may be subjected to a civil suit for the shooting and wrongful death of the deceased. This

means, for example, in a civil trial, the jury may find the guard has deprived the family of

the love, comfort, and financial support of the deceased. If the family members win the

civil lawsuit, the guard, employer, and other parties responsible for the deadly shooting

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may be required to pay monetary damages to the family of the deceased.

In the example given above, the guard may be subject to criminal prosecution and a

prison sentence and subject to a civil lawsuit resulting in the guard being ordered to pay

money to the suspect’s survivors.

What is Criminal Liability?

Crimes are generally defined in penal statutes of a state, or the ordinances of local cities

or counties. All persons are expected to obey these laws. Anyone who violates a criminal

law is subject to a fine, and/or a term in jail or prison, depending on the type of crime.

The potential for punishment as a result of violating a criminal law is called criminal

liability. Some acts by security personnel for which criminal liability is possible include:

Intimidation: Threatening physical harm or otherwise frightening people when they do

not cooperate or confess to a crime.

Excessive Physical Force: Where a citizen’s arrest is made, the law allows only the use

of physical force that is reasonable or necessary to restrain the suspect if they are

resisting, in order to make the arrest. Where more force is used than that which the law

allows, the arresting party is said to be using “excessive force” and may be held criminally

as well as civilly liable. An example of excessive force is the discharge of a firearm in

shooting a suspect in order to protect personal property. By law, deadly force is allowed

only to protect lives.

Use of Unauthorized Deadly Weapons: Becoming registered as a security guard DOES

NOT entitle a security guard to carry a weapon. Some weapons cannot be carried by

security guards, including knives with blades longer than 2 inches or switch-blade knives,

brass knuckles, nunchakus, or sawed-off shotguns. Security guards cannot carry a

firearm and/or a baton unless they have the additional exposed firearm permit and/or

baton certificate. If they carry the firearm concealed, they must also have a concealed

weapons permit issued by their local law enforcement agency.

Proprietary private security officers are unarmed and cannot carry a firearm, a

baton, or any deadly weapon by law.

Unlawful Use of Defensive Weapons: Security guards cannot carry firearms and

batons unless authorized by the Bureau. Security guards are allowed to carry an

exposed firearm and/or baton only after the security guard completes the Bureau-

recognized training and the appropriate permits are issued.

False Arrest

MISDEMEANOR ARREST: a private person making a misdemeanor citizen’s

arrest may be found criminally liable for a false arrest if the arrest is made and the

arresting party did not actually observe the suspect commit the misdemeanor in

their presence.

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BSIS Power to Arrest Training Manual Page 43

FELONY ARREST: a private person making a felony citizen’s arrest may be found

criminally and civilly liable for a false arrest if the arrest is made or caused to be

made by others, and the arresting party does not have reasonable cause to believe

that the person arrested committed the felony.

Criminal liability is the potential for a criminal penalty one incurs for committing a criminal

act. This liability may include an arrest and booking, a court trial, a conviction, and

sentencing. A sentence may include payment of a fine, a prison sentence, probation or

community service, and monetary restitution. An entry is also made on the subject's

criminal history record, maintained by the Department of Justice. The parties in a criminal

process include the defendant (the accused) and the prosecution (the People of the State

of California).

For example, a security guard fatally shoots a fleeing shoplifting suspect in the back. The

guard may be subject to criminal prosecution for the shooting. The guard may be charged

with a crime (such as manslaughter), arrested, booked, and prosecuted in a criminal

court, convicted, and sentenced to prison.

Civil and/or Criminal Liability

For example, a security guard has an interaction with a local activist and the activist films

the interaction and attempts to antagonize the security guard by becoming

confrontational. This is a common technique used by “first amendment auditors”. There

has been a recent uptick in self-proclaimed “first amendment auditors.” In an attempt to

win social media views, the auditors deliberately provoke guards on camera in an effort

to get them to respond in a way that appears to violate the law. These auditors can be

aggressive and may try to provoke a physical confrontation. It is important to remain calm

in these situations, as reacting angrily or physically may open up the guard and/or their

employer to public embarrassment, civil, and/or criminal penalties.

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Section B-1 Review Questions

1. If a security guard is charged with making a false arrest, what type of liability is

incurred?

a. Civil liability

b. Criminal Liability

c. Both

2. What type of liability refers to the right a party has to initiate a lawsuit for financial

damages?

a. Civil liability

b. Criminal liability

3. The standard to determine “reasonable force” is based on:

a. How many people at the scene agree with your version of events.

b. All facts confronting the individual at the time the incident occurred.

c. Video footage captured on surveillance cameras.

d. The threat of something happening in the future.

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Section 2: Use of Objectively Reasonable Force

Objectively Reasonable Standard

The goal for the use of force by licensed security agents is to gain and maintain control

of an individual and the situation.

Security personnel are required to:

o use the type of force objectively reasonable under the totality of the circumstances

o use only the amount of force objectively reasonable to overcome resistance and

to gain or maintain control of a subject

o conform to agency policy, federal, and state law

Individuals must rely upon their own judgment to ensure that the amount of force used to

gain and/or maintain control of a subject or situation does not exceed what is objectively

reasonable under the totality of the circumstances confronting them. Whenever possible,

security personnel should attempt to generate voluntary compliance without resorting to

physical force.

Objective Reasonableness

When balanced against the type and amount of force used, the Graham factors used to

determine whether an individual’s use of force is objectively reasonable are:

o whether the suspect posed an immediate threat to the safety of the public;

o the severity of the crime at issue;

o whether the suspect was actively resisting detention or citizen’s arrest;

o whether the suspect was attempting to evade arrest by flight; and

o split-second judgments during circumstances that are tense, uncertain, and rapidly

evolving.

Of these factors, the most important is whether the individual poses an immediate threat

to the individual or to the public.

The reasonableness inquiry is not limited to the consideration of those factors alone.

Other factors which may determine reasonableness in a use of force incident include:

o whether there was an opportunity to warn about the use of force prior to force being

used and, if so, was such a warning given

o whether there was any assessment by security personnel of the subject’s ability to

cease resistance and/or comply with the guard’s commands

o availability of other reasonable force options

o number of guards/subjects

o age, size, and relative strength of guards/subjects

o specialized knowledge, skills, or abilities of subjects

o prior contact(s)

o injury or exhaustion of security personnel

o access to potential weapons

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BSIS Power to Arrest Training Manual Page 46

o environmental factors, including but not limited to lighting, footing, sound

conditions, crowds, traffic, and other hazards

o whether security personnel have reason to believe that the subject is mentally ill,

emotionally disturbed, or under the influence of alcohol or drugs

Examples of Situations Where Force may be Necessary:

o Which force options would be considered a reasonable response?

For example, a shoplifting subject verbally and physically assaults a security officer

with an open hand, it is reasonable to protect yourself with less-lethal weapons,

and place the subject in custody by using handcuffs.

o What options would be considered unreasonable?

o It would be unreasonable to utilize alternative items in the store that may be

considered a deadly weapon (such as a fire extinguisher) to halt the

individual’s actions.

o How does situational awareness play into this real-time decision-making?

o Situational awareness plays a key tole into real-time decision-making. If the

officer is unaware of the situation and cannot consistently adapt to a

changing and often chaotic environment, they will have a difficult time

prevailing in this situation.

Restraint Techniques and Their Implications

The primary objective of the application of control holds and takedowns is to gain control

of a subject. Security personnel must be prepared to use physical force to overcome

resistance and gain control of a subject. Once control is obtained, the degree of force

used should be reevaluated. Under no circumstances should security personnel apply

pressure of any sort to the subject’s neck. Placing any significant pressure or weight, such

as placing a knee, elbow, or any body part on a subject’s neck can result in serious injury

or death to the subject, and exposes the security personnel to potential legal

consequences.

It is illegal and immoral for security personnel to use their authority and position to punish

anyone. Also, any time force is used, the security personnel open themselves and their

employer to substantial liability.

A control hold is a method for physically controlling a subject by manually applying

pressure to a particular part of the body until the security personnel has control over the

subject. A joint lock is a specific class of a control hold where the technique involves the

manipulation of subject’s joints in such a way that they reach their maximal degree of

motion.

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BSIS Power to Arrest Training Manual Page 47

The proper use of a control hold can help security personnel:

o effectively control a subject

o guide a subject in a desired direction

o control a subject when searching for weapons only

o control a subject while handcuffing

o prevent escape

Security personnel should be aware of the following when a control hold is used on a

subject:

Consideration

Explanation

Direction and control

If a subject resists or does not respond to the control hold,

communicate effectively by telling the subject what you

want them to do and at the same time applying the proper

level of force to gain compliance. Once compliance is

achieved, the controlling force should be reevaluated. The

force used must be reasonable.

Close proximity of the

security guard and the

subject

Security personnel are within striking distance of the

subject during the use of a control hold and the guard’s

weapon (if any) may be accessible to the subject. An

individual may be able to respond faster through touch

than by sight.

A takedown technique is a method for taking the subject to the ground in order to control

the subject and the situation.

The proper use of a takedown technique may help security personnel:

o defuse a situation

o achieve greater control over a subject

o distract a subject

o control a situation

o reduce the ability of the subject to effectively attack, strike, or escape

Security personnel should be aware of these considerations when a takedown technique

is used:

Consideration

Explanation

Close proximity of the

security guard and the

subject

Guards are within striking distance of the subject

during a takedown technique and are vulnerable to

attack.

Team takedown

When possible, security personnel should control the

arms to prevent the subject from tucking their arms.

Communication is important for coordinating control

amongst guards.

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BSIS Power to Arrest Training Manual Page 48

A single technique may not

be adequate to gain complete

control of the subject.

Security personnel must be prepared to transition to

another technique if the one currently being used is

not working.

Restraint devices, such as handcuffs, are safety devices for both the security guard and

the detainee. Handcuffs inhibit and limit movement, but they do not provide total control.

Security personnel are responsible for their detainees at all times while in custody. All

restraint devices are temporary restraining devices used to limit a detainee’s actions.

They do not totally immobilize a subject.

Restraint devices are used to minimize:

o attack on security personnel or others

o escape of the detainee

o destruction or concealment of evidence or contraband

o self-inflicted injury by subject

o combat between detainees

Employer policies may vary regarding the use of different restraint devices. Security

personnel should be familiar with their own employer’s policies regarding limitations and

procedures for using restraining devices.

Force Options

Force options are choices available to security personnel in any given situation to

overcome resistance, affect a citizen’s arrest, prevent escape, gain control of the

situation, and in the defense of self and others. Individuals must rely upon their own

judgment to ensure the amount of force used to gain and/or maintain control of a subject

or situation does not exceed what is objectively reasonable under the totality of the

circumstances confronting them.

The various force options are placed into three general categories:

Force Option

Foreseeable Injury

Non-Deadly Force

Force which creates a minimum risk of injury

Intermediate Force

Force which has a significant risk of injury

Deadly Force

Force which has a substantial risk of serious bodily injury/death

The following list includes tools and techniques which are the most common force options

available to security personnel, but it is not all-inclusive. Security personnel should

recognize that the risk of injury created by a particular force option may vary depending

upon how the force option is applied.

o Professional/command presence

o Interpersonal communication techniques/warnings

o Control holds/takedowns/handcuffing

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BSIS Power to Arrest Training Manual Page 49

o Chemical agents (i.e., teargas, pepper spray)

o Impact weapons (i.e., batons, tasers)

o Impact projectile weapons (i.e., tasers)

o Firearms

NOTE: Security personnel need not apply force options and techniques

chronologically. Individuals should select the force option most objectively reasonable

given the “totality of the circumstances” once the decision to use force has been made.

There are a number of factors that can affect which force option security personnel should

select. The following chart identifies, but is not limited to, some of the most critical factors:

Factor

Considerations

Public and personal safety

- Immediate action required for self-

defense or defense of others

Amount and nature of the resistance

which must be overcome, or flight or

attempted flight

- Passive noncompliant

- Active resistance

- Assaultive resistance

- Life-threatening resistance

Presence of a weapon and type of

weapon

- Other Weapons

- Firearms

Seriousness and nature of the offense

- Misdemeanor

- Trespassing

- Robbery

Characteristics of the subject as

compared to the characteristics of the

guard

- Size

- Age

- Knowledge of Capabilities

Availability of assistance

- Number of security personnel

- Available law enforcement

- Distance of responding law enforcement

Nature and condition of the location and

surroundings

- Danger to bystanders

- Availability of weapons

- Environmental conditions

Key Considerations

Practical considerations are a key factor in a security agent’s choice of force options.

Some of the factors to consider are:

o Distance: Would a force option be effective at the distance involved?

o Number of subjects: Can the force option effectively be used to engage multiple

subjects or only a single subject?

o Subject’s mental state or state of intoxication: Which force options would be

effective regarding a subject’s apparent mental illness or state of intoxication,

possibly resulting in increased pain tolerance, accelerated strength, or inability to

communicate with the subject?

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BSIS Power to Arrest Training Manual Page 50

o Subject’s physical strength and skill: Does security personnel have the physical

strength and skill to effectively use a force option, compared to the subject’s

apparent physical strength and skill?

o Affecting or endangering other people: What potential effect does a force option

have on other security personnel or bystanders at the scene?

o Time: Does the guard have time to effectively use a force option?

Security personnel should recognize making transitions between force options can be

difficult during stressful and rapidly changing conditions. It is useful for security

personnel to practice making such transitions during training. Be prepared to transition

to another force option if the one being used appears to be ineffective in controlling the

subject or situation.

Real-Life Scenarios including Potential Consequences

The use of deadly force is the most serious decision an individual may ever have to make.

Deadly force applied by security personnel is force that creates a substantial risk of

causing death or serious bodily injury. The decision to use deadly force to defend against

an imminent threat of death or serious bodily injury to the individual or to another person

is guided by federal case law and California state law.

Serious bodily harm or injury means a serious impairment of physical condition, including,

but not limited to, the following: loss of consciousness, concussion, bone fracture,

protracted loss or impairment of function of any bodily member or organ, a wound

requiring extensive suturing, and serious disfigurement. (Penal Code Section 243(f)(4)

effective January 1, 2016.)

Reasonable necessity means that delay in apprehension would create substantial and

unreasonable risk to the individual or others possibly resulting in serious physical injury

or death.

Imminent: A threat of death or serious injury is “imminent” when, based upon the totality

of the circumstances, a reasonable individual in the same situation would believe that a

person has the present ability, opportunity, and apparent intent to immediately cause

death or serious bodily injury to the security guard or another person. Imminent harm is

not merely a fear of future harm, no matter how great the fear and no matter how great

the likelihood of the harm, but is one that, from appearances, must be instantly confronted

and addressed. (Penal Code Section 835a(e)(2) effective January 1, 2020.)

According to the law, fear alone does not justify the use of deadly force. The courts have

held that:

o A simple statement of fear for your safety is not enough; there must be objective

factors to justify your concern.

o It must be objectively reasonable.

o It must be based on the facts and circumstances known to the officer at the time.

Security personnel shall not use deadly force against a person based on the danger that

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person poses to themselves, if an objectively reasonable individual would believe the

person does not pose an imminent threat of death or serious bodily injury to the security

guard or to another person.

Section B-2 Review Questions

4. An imminent threat is defined as:

a. The suspicion that an individual is capable of harm.

b. Fear that something dangerous may happen tomorrow if you do not

contain the threat.

c. Fear that dangerous actions may occur at any instant.

d. The assumption that the subject will continue to escalate violence.

5. Which circumstances should be taken into consideration when determining

whether to use force?

a. The size and physical strength of the subject.

b. The availability of support or back-up from other security personnel.

c. The number of subjects.

d. Whether the subject is intoxicated or showing symptoms of mental illness.

e. All of the above.

6. The professional presence, appearance, and verbal commands used by uniformed

security personnel are considered a force option.

a. True

b. False

7. What would be an appropriate force option for a subject who is passive but non-

compliant (does not listen to verbal commands but is not physically resistant)?

a. Use of a taser or pepper spray.

b. Use of additional commands and communication techniques.

c. Use of physical strength for a takedown.

d. Use of a firearm.

e. All of the above.

8. Use of force is always justified to protect property and persons.

a. True

b. False

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BSIS Power to Arrest Training Manual Page 52

Section 3: Duty to Intercede

As security personnel are not sworn peace officers, they do not have an obligation to

intercede and cannot be held liable for a failure to intercede.

Remember, if you can’t prevent an incident, the proper action should be to observe and

report. You should:

o Observe carefully and

o Report immediately to local law enforcement and/or your supervisor.

Actions based on poor judgment can lead to legal problems for both you and your

employer. You must, by law, avoid certain actions. Legal responsibilities and liabilities

that affect you are presented in this section.

Legal Considerations

Security guards do not have:

• The same job duties as peace officers;

• The same training; or

• The same powers as peace officers, according to the law.

A security guard’s duty to intercede is going to be dictated by the contract for services.

These duties can range from simply being present to removing trespassers or reacting

to crimes and maintaining law and order. Knowing all the responsibilities of the post and

understanding what is expected of the security guard will ensure security personnel are

acting within the limitations of their position.

Security personnel have the authority to enforce company rules, protect persons and

property, remove trespassers, and fulfill whatever duties they are contractually obligated

to provide. Security personnel must be educated and aware of any contractual

obligations they may have regarding their duty to intercede and/or use of physical

contact to remove and/or apprehend a subject. Security personnel must be educated

and aware that if they go beyond what is allowable by law and/or outside of the scope of

the contract they are serving under, they may be held criminally and/or civilly liable.

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Section B-3 Review Questions

9. A security guard must break up a fight if it occurs across the street from a

property that they are guarding.

a. True

b. False

10. If you cannot prevent an incident, you should:

a. Observe it carefully.

b. Pretend you do not see it.

c. Report it immediately to law enforcement and/or your supervisor.

d. Both A and C.

11. Actions based on poor judgment will have zero consequences for you and your

employer.

a. True

b. False

12. Can security personnel be held liable for failure to intercede?

a. True

b. False

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BSIS Power to Arrest Training Manual Page 54

Section 4: Supervisory Responsibilities

Incident Reporting Requirements

While practices vary among employers, at the very least security personnel must report

to their supervisor any incident that results in physical contact, regardless of whether a

weapon was involved, or whether an injury resulted from the altercation.

Under Section 7583.2 of the Business and Professions Code, the Bureau requires a

written report to be delivered to the Bureau within 7 days of a physical altercation (see

below). Failure to do so may result in the suspension or revocation of a license and a fine

up to $5000. Communication with your employer is crucial to ensure that all relevant

incidents are reported in a timely manner.

Business and Professions Code, Division 3, Chapter 11.5 Private Security Services:

7583.2. A person licensed as a private patrol operator shall not do any of the following:

*****

(f) Fail to deliver to the director a written report describing the circumstances surrounding

the discharge of any firearm, or physical altercation with a member of the public while on

duty, by a licensee or any officer, partner, or employee of a licensee while acting within

the course and scope of their employment within seven business days after the qualifying

incident. For the purposes of this subdivision, a report shall be required only for physical

altercations that result in any of the following: (1) the arrest of a security guard, (2) the

filing of a police report by a member of the public, (3) a member of the public requiring

any type of first aid or other medical attention, (4) the discharge, suspension, or reprimand

of a security guard by their employer, or (5) any physical use of force or violence on any

person while on duty. The report shall include, but not be limited to, a description of any

injuries or damages incurred, the identity of all participants, and whether a police

investigation was conducted. Any report may be investigated by the director to determine

if any disciplinary action is necessary.

(Effective January 1, 2022)

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BSIS Power to Arrest Training Manual Page 55

Section B-4 Review Questions

13. A security guard is involved in an incident that results in physical contact with a

subject, but no injury occurs, they do not need to report the incident to their

supervisor.

a. True

b. False

14. What is a possible penalty for failing to report a physical altercation to the

Bureau in a timely fashion?

a. License suspension

b. License revocation

c. A fine up to $5000

d. All of the above

15. How many days does a security service have to submit a written report to the

Bureau after a physical altercation?

a. 7

b. 14

c. 21

d. 30

16. The written report to the Bureau after a physical altercation must include the

following:

a. A description of any injuries or damages.

b. The identity of all participants.

c. Whether a police report was filed.

d. All of the above.

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BSIS Power to Arrest Training Manual Page 56

Section 5: Use of Force Review and Analysis

The immediate threat to the safety of security personnel or others is the most significant

factor in determining reasonableness. The subject’s actions and the practical

considerations involved in a situation are major factors in determining the type of force

the guard may lawfully use in order to gain or maintain control of the subject or the

situation.

The following chart illustrates how a subject’s resistance/actions can correlate to the force

applied by a guard:

Subject’s Actions

Description

Possible Force Option

Compliant

Subject offers no

resistance

- Mere professional appearance

- Nonverbal actions

- Verbal requests and commands

- Handcuffing and control holds

Passive non-

compliant

Does not respond to

verbal commands but

also offers no physical

form of resistance

- Security personnel’s strength to

take physical control, including

lifting/carrying

- Proper level of force using control

holds, takedowns and techniques to

direct movement or immobilize a

subject

Actively Resistant

Physically evasive

movements to defeat a

guard’s attempt at

control, including bracing,

tensing, running away, or

verbally or physically

signaling an intention to

avoid or prevent being

taken into or retained in

custody

- Control holds and techniques to

control the subject and situation

- Use of personal body weapons to

gain an advantage over the subject

Assaultive

Aggressive or combative;

attempting to assault

security personnel or

another person, verbally

or physically displays an

intention to assault

security personnel or

another person

- Use of devices and/or techniques

to secure compliance and ultimately

gain control of the situation

- Use of personal body weapons in

self-defense and to gain an

advantage over the subject

Life-threatening

Any action likely to result

in serious bodily injury or

death of others

- Utilizing firearms or any other

available weapon or action in

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defense of self and others to stop

the threat

Individuals must consider the totality of the circumstances when selecting a force option.

It is not the intent of this chart to imply that security personnel’s force options are limited

based on any single factor. Security personnel must use the force option(s) appropriate

for the situation as conditions may change rapidly. Individuals must continually reevaluate

the subject’s actions and the practical considerations involved in the situation and must

be prepared to transition as needed to the appropriate force options (de-escalate or

escalate), so as to always remain within the bounds of conduct which is objectively

reasonable under the circumstances.

Key Considerations

Practical considerations are a key factor in a security agent’s choice of force options.

Some of the factors to consider are:

o Distance: Would a force option be effective at the distance involved?

o Number of subjects: Can the force option effectively be used to engage multiple

subjects or only a single subject?

o Subject’s mental state or state of intoxication: Which force options would be

effective regarding a subject’s apparent mental illness or state of intoxication,

possibly resulting in increased pain tolerance, accelerated strength, or inability to

communicate with the subject?

o Subject’s physical strength and skill: Does security personnel have the physical

strength and skill to effectively use a force option, compared to the subject’s

apparent physical strength and skill?

o Affecting or endangering other people: What potential effect does a force option

have on other security personnel or bystanders at the scene?

o Time: Does the guard have time to effectively use a force option?

Security personnel should recognize that making transitions between force options can

be difficult during stressful and rapidly changing conditions. It is useful for security

personnel to practice making such transitions during training. Be prepared to transition to

another force option if the one being used appears to be ineffective in controlling the

subject or situation.

Private security professionals may use that force reasonably believed to be necessary

to:

o Defend themselves or another person;

o Protect their employer’s property; or

o Make a citizen’s arrest or prevent an escape after making a citizen’s arrest.

Reasonable force is that degree of force that is:

o not excessive; and

o appropriate in protecting oneself or one’s property.

If a suspect submits willingly, no force is necessary. If a suspect does resist arrest,

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remember that the only force allowed is that which is reasonable and necessary to

overcome the resistance.

Real-Life Scenarios

Example: You receive a call to respond to a closed business regarding a suspicious

subject seen loitering behind the business. Upon arrival, you see a male subject pacing

back and forth by the rear of the building. When you approach the subject, he is mumbling

incoherently and does not respond to your questions. As you try and engage the subject,

he suddenly starts shouting and pushes you away. It is obvious that the subject is either

having a mental health issue or is on drugs or alcohol. You maintain a safe distance and

request assistance from law enforcement.

Example: While engaging a trespasser on your client’s property the subject pulls an

object out of their pocket that looks like it could be a knife or a tool of some sort. You are

approximately 20 feet away and can’t identify the object. What force option would seem

appropriate at this stage? What force option is appropriate if the subject begins to move

in your general direction?

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BSIS Power to Arrest Training Manual Page 59

Section B-5 Review Questions

17.When considering an appropriate force option, what must you consider?

a. Just the size of the individual.

b. Whether or not there are witnesses present.

c. The totality of the circumstances involved.

d. How far away the individual is from you.

18.Reasonable force is what?

a. The amount of force necessary to get the job done.

b. Not excessive and appropriate in protecting oneself or one’s property.

c. Whatever your boss and client authorize.

d. None of the above.

(Revised July 2023)

BSIS Power to Arrest Training Manual Page 60

Section 6: De-Escalation and Interpersonal Communication Training

Common Misconceptions and Benefits of De-Escalation

Security personnel must understand how the principles of de-escalation can enhance

contacts with the public and result in improved decision-making, reduction in situational

intensity, and opportunities for outcomes with greater voluntary compliance.

De-escalation is the process of using strategies and techniques intended to decrease

the intensity of the situation.

Common misconceptions of de-escalation include, but are not limited to:

o If security personnel use force, that means they failed to de-escalate.

o Security personnel are losing control at scenes.

o Security personnel are letting their guard down.

o De-escalation is too difficult to apply in rapidly changing situations.

Benefits of the practice of de-escalation include, but are not limited to:

o Positive impact on public trust and professional image

o Reduced danger to security personnel and the public

o Positive impact on individual wellness

Four Concepts of De-Escalation

Security personnel should attempt to recognize the public’s physical and psychological

reactions to situations, as well as their own physical and psychological reactions to

situations. Tactics and techniques may assist in decreasing the situational intensity of a

situation and gain voluntary compliance.

1. Self-control – understanding of physical and psychological reactions of the public

and security personnel may assist in maintaining self-control.

2. Effective communication – clear commands and questions, good observation

and listening skills, and appropriate terminology will enhance the likelihood of

success.

Interpersonal Communication Training

Effective communication is a basic element of the use of force. A major goal of

communication is to gain voluntary compliance without resorting to physical force. The

use of de-escalation communication can aid in diffusing a potentially volatile incident and

avoid the need to use force against an individual.

When feasible, security personnel should approach a situation with the intent to de-

escalate and consider the value of establishing time and distance in a confrontation where

a use of force may be inherent. Strategic communication is the use of verbal and non-

verbal techniques to aid in controlling a situation and enhancing personal and community

safety.

Security personnel should communicate and endeavor to persuade, advise, and provide

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clear instructions and warnings when safe and feasible to do so. Consider the use of non-

verbal methods to communicate when verbal directions may not be appropriate. This may

include situations involving language barriers, or when people are unable to hear or

understand verbal commands.

Some of the benefits of strategic communication may be, but are not limited to:

o De-escalation

o Maintaining personal and community safety

o Gaining voluntary compliance

o Building rapport

o Decreasing citizen complaints

Remember – there are two ways to communicate a message:

Professional

Unprofessional

• Be flexible enough to look beyond

your perspective and be empathetic

• Always use your language as if you

had an audience

• The unprofessional use of language

designed to escalate the situation

• Not knowing your audience

• Antagonistic/sarcastic reactions

Security personnel may need to deal with persons who are angry or upset or verbally

lash out. Instead of responding in kind, individuals should deflect or redirect the

conversation in a more positive direction.

This can be done with the use of verbal deflectors. The key to using verbal deflectors

is to deflect the comment, then to immediately add “but” or “however.”

Some examples of verbal deflectors are:

o “Appreciate that, but…”

o “I understand that, but…”

o “I got that, however…”

o “Maybe so, but…”

o “I hear that, however…”

Verbal deflectors allow security personnel to focus on the issue and not the attitude.

The phrase also acknowledges the other person’s concerns.

3. Scene assessment and management – when possible, provides security

personnel with an accurate picture of what is occurring and assists in the

management of force options.

4. Force options – reasonable use of force techniques may reduce the situational

intensity for the safety of all parties.

Voluntary compliance requires clearly communicated instructions using de-escalation

techniques. There can be many public safety issues when attempting to use de-

escalation techniques. Remember the importance of voice, neutrality, trustworthiness,

and respect.

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Real-Life Scenarios

Although rapidly evolving and/or violent incidents may not allow individuals to “slow things

down,” using the time when safe and practical to do so may aid in reducing the intensity

of the situation. Although there are situations where guards cannot delay in acting, many

can be handled safely and effectively by allowing more time to transpire.

These strategies and techniques to de-escalate a situation may affect security guard

safety, situational awareness, and tactical repositioning:

Creating distance may calm an irate individual and help reduce the person’s intensity.

But if doing so poses a loss of situational control, or personal or public safety are further

jeopardized, then adding distance may be counterproductive to achieving a positive

outcome.

Situational awareness is a critical consideration in de-escalation. Recognizing what may

be an immediate threat, seeing people or items causing agitation to a violent suspect, or

understanding how some stimuli are altering behavior can aid security personnel in

responding well to an incident.

Tactical repositioning is often utilized for security personnel safety and it can also be

considered as a de-escalation technique. An employee being less, or more, visible can

affect the actions of others. The vantage points from which security personnel observe

must provide for personal safety. Different positions may also direct someone’s attention

elsewhere, draw them away from threats, and/or help de-escalate a situation.

Gaining useful information prior to arriving at an incident and continuing to update it

during the interaction may assist security personnel with a better understanding, while

possibly providing additional solutions not recognized without the information. For

example:

o Knowing a despondent person’s child recently died would be helpful to an

individual trying to assist them.

o Information on past security or law enforcement contacts with the individual.

o Gathering information on medications or medical issues of the individual.

o Contacting a family member

o Assess whether the action has the desired effect.

o If the action has the desired effect, is there anything more that can be done?

o Review what lessons can be learned following the conclusion of contacting family

members for additional information on the individual.

When documenting incidents where de-escalation techniques are utilized, security

personnel should include specific words spoken and suspect actions taken and not taken.

The documentation should provide a clear understanding of what the security guard was

facing, the actions taken, the observations made, and other important facts related to the

actions of all individuals on the scene.

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BSIS Power to Arrest Training Manual Page 63

Using communication/verbal deflection to de-escalate

Example: A security guard is working on the premises of a local homeowner’s association

(HOA) when an individual at the main gate is demanding to be let into the community but

does not have the proper access information. The individual attempts to reason with the

security officer, claiming “I know you recognize me, my dad lives in unit 30.” The security

officer declines, and the individual grows agitated. The officer deflects the individual’s

remarks and avoids escalation by explaining to the individual that guests are not permitted

without the proper access information and that as the security officer, there is a

responsibility to enforce the rules and unfortunately that means not allowing access

without the proper access information.

Using distance/tactical repositioning/time to de-escalate

Example: While patrolling a busy parking lot, a security guard encounters an

impaired individual who appears to be suffering from a mental health crisis. Before the

guard can make contact with the individual, the subject sees the guard and begins

screaming and wielding a large stick. The guard retreats to a safe distance placing

themselves between the subject and the patrons who are walking through the parking

lot. The guard maintains a visual on the subject from a safe distance and calls police.

(Revised July 2023)

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Section B-6 Review Questions

19. All of the following are benefits of practicing de-escalation except:

a. Positive impact on public trust.

b. Reduced danger to security personnel.

c. Positive impact on individual wellness.

d. Is used by those who lack courage.

20. What is not part of assessing a situation?

a. Determining if the situation poses a threat or risk to others.

b. Determining if the company is going to lose money.

c. Determining if the threat requires an immediate response.

d. Determining if there is an imminent threat that requires action.

21. De-escalation techniques attempted or utilized should be documented in

appropriate incident reports.

a. T

b. F

22. The four concepts of de-escalation are self-control, effective communication,

scene assessment and management, and force options.

a. T

b. F

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Section 7: Implicit and Explicit Bias and Cultural Competency

Cultural competency is a continuous learning process that includes addressing and

understanding implicit and explicit bias. Cultural competency is a set of demonstrable

characteristics and skills, that enable and improve security personnel’s ability to

understand, communicate, and effectively interact with people across cultures, in addition

to improving job efficiency and performance.

Cultural competence improves interactions with people of various cultures and can

enhance community trust, improve safety, and reduce confrontation. Security personnel

need to recognize and respect the complexities of cultural diversity to develop the skills

necessary for identifying and responding to California’s changing communities.

Definitions

Implicit Bias

Unconscious thoughts and feelings about people that may influence

actions.

Explicit Bias

Conscious thoughts and feelings that influence perceptions,

decisions, and actions.

Cultural

Competency

An awareness of cultural differences and the ability to provide

security services in a manner that acknowledges such differences.

The ability to understand, appreciate, and interact with persons from

cultures and/or belief systems other than one’s own. An ability to

recover from inevitable cultural collisions, inclusive decision-making,

cross-cultural communications skills, inclusive beliefs and values,

awareness of personal biases and stereotypes, and emotional

intelligence.

The components of bias include:

o stereotypes (cognitive)

o prejudice (affective)

o discrimination (behavioral)

Implicit bias is a preference (positive or negative) for a social category that operates

outside of awareness. We can think of implicit bias as a lens through which we view the

world.

o Implicit biases are common

o People are often unaware of their implicit biases

o Implicit biases predict behavior

o People differ in levels of implicit bias

Personal awareness and introspection are prime strategies towards reducing implicit bias

in decision-making.

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Perceptions and Stereotypes

Individuals are not born with set opinions or perceptions. Instead, they develop these

based on many different sources and influences throughout their lifetimes. Recognizing

these sources and influences can help an individual differentiate between rational and

irrational opinions or perceptions of individuals with differing cultural backgrounds.

All individuals develop perceptions, feelings, biases, and thoughts regarding their culture

and the culture of others. These perceptions are neither right nor wrong. A common belief

is, one’s perception is one’s reality.

A stereotype is a preconceived or oversimplified generalization involving negative or

positive beliefs about another group. When an individual is stereotyped, that person is

perceived as having specific behavioral traits and abilities.

Stereotypes can be based on a number of factors including, but not limited to:

o nationality

o ethnicity

o race

o gender

o sexual orientation and gender identity

o socioeconomic status

o age

o physical ability

Stereotyping can mean not only ascribing differences to other groups but can also result

in making a judgment (positive or negative) based on those perceived differences.

Security personnel must be aware of their own biases and stereotypes regarding the

communities and individuals they serve. Relying on biases can potentially lead to:

o developing a lower level of tolerance to individual behavior

o forming conclusions before getting to a scene

o decreasing an individual’s objectivity concerning the facts of a case

o potential development of unsafe situations (escalation of non-hostile situations)

o negative expectations becoming self-fulfilling prophecies

o inappropriate security personnel behavior

Prejudice and Discrimination

Any preconceived notions, whether positive or negative, about a cultural or ethnic group

formed before the facts are known can lead to acts of discrimination.

Prejudice is a prejudgment or point of view about a person or group of individuals that is

usually formed before the facts are known.

Prejudice is a:

o process, not a static attitude

o learned attitude

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o way of thinking about others that may be based on:

- misconceptions

- misunderstandings

- inflexible generalizations

One of the deepest and therefore most dangerous forms of prejudice is subconscious

prejudice. Individuals may have been conditioned by such beliefs to the point that their

prejudice causes them to act out in a hostile and potentially dangerous way.

Discrimination is an action or behavior that is prompted or based on prejudiced thought.

It includes differential treatment based on an unsubstantiated or unfair categorization.

Because a prejudice is a thought, it is private and is not a violation of the law.

A prejudicial thought that is acted upon, consciously or unconsciously, may lead to

discrimination. Behaviors or acts of discrimination can be unlawful.

Strategies for Effective Communication within a Diverse Community

Security personnel must demonstrate active listening and excellent decision-making

skills. It is each individual’s responsibility to treat everyone with respect and integrity no

matter what their race, creed, or religion. It is not enough to accept differences; we must

understand differences are to be valued and celebrated for the rich contributions they

provide to our society.

Culture is a broadly used term that refers to a complex group of shared characteristics

including beliefs, values, ways of thinking, behaviors, customs, or traditions. Culture is

learned and can be passed from one generation to the next. Culture can be interpreted

broadly, encompassing large groups of people from specific geographic or regional areas

(e.g. Californians, New Yorkers, Midwesterners, etc.) or national origins (e.g. Mexicans,

Germans, Japanese, Italians, etc.).

NOTE: Even though a person identifies with a cultural or ethnic group, no one

person represents the views or behaviors of an entire group. This is because

everyone is a member of many groups based on many different factors (e.g.

gender, religion, occupation, sexual orientation and gender identity, etc.)

Identifying with a cultural or ethnic group can elicit strong feelings of pride, shared beliefs,

values, or history. It can provide individuals with “roots” that help maintain a personal

identity within a diverse or quickly changing community or environment.

Cultural diversity is defined as the existence of variations of different characteristics in

a group of people including race, color, ethnicity, age, disability, gender, gender identity

or expression, nationality, religion, socioeconomic status, and sexual orientation.

Varying dimensions of diversity exist among members of the same cultural group. These

variations can include, but are not limited to:

o generational differences (i.e. first, second, third generation)

o economic differences

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o differing levels of education

o varying religious beliefs

o work experience and backgrounds

o age differences

o physical or developmental disabilities of members within the community

In addition, a primary goal of security personnel in their duty to “observe and report” is to

obtain complete and accurate information in a safe manner. Security personnel conduct

and actions when first making contact with an individual with a different cultural

background can serve to either enhance or hinder this process.

Developing appropriate contact and communication skills can:

o improve the quality of the information gathered from the individual

o enhance cooperation of the individual and other members of the community

o increase security personnel confidence and professionalism

o demonstrate a caring attitude

o enhance safety

Inappropriate Verbal Communication

Certain forms of communication can contribute to a negative response from a cross-

cultural community and must be avoided. The following table identifies a number of these:

Use of…

by security personnel can…

• profanity

• have a negative effect on the professional image of the

guard.

• derogatory or

offensive terminology

• detract from professional effectiveness.

• make individuals reluctant to cooperate.

• demonstrate a lack of cultural, racial, or ethnic awareness.

• indicate a lack of sensitivity for the feelings of others.

• legal or technical

jargon

• cause confusion and mistrust.

• be demeaning to the individual.

When attempting to communicate with an individual who speaks little English or for whom

English is a second language, security personnel should:

o be patient

o speak slowly and clearly

o speak at a normal volume (Speaking louder will not help comprehension.)

o face the person they are addressing (even when using a translator)

o use short, simple sentences

o pause frequently

o allow enough time for the person to formulate responses

o repeat statements or questions in different ways, if necessary

o use gestures, actions, or written text to aid understanding

o provide feedback and encouragement

o summarize what the individual is saying to check comprehension

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Active Listening

Communication involves not only speaking but also listening. In times of stress and when

interacting with an individual with limited skills in the English language, taking the time

and effort to actively listen is even more critical.

Active listening involves deliberate and conscious concentration on the part of the

listener on:

o what is being said

o how it is being said

o why it is being said

NOTE: Active listening on the part of security personnel also aids in ensuring safety,

as it requires them to become more aware of the individual with whom they are

interacting.

The following table identifies the four primary steps of active listening.

Step

Action

• Remain open-minded, unbiased, and ethical

• Listen carefully to the context of the message

• Ask the individual to slow down or repeat the message if necessary

• Interpret the message by considering how and why it was said.

• The meaning may not be only in the words that were said but in the

nonverbal communication

• Act appropriately

Nonverbal Communication

In a situation involving cross-cultural communication, nonverbal communication can

constitute an even greater role than it does with individuals with the same cultural

background. It is also an area where variations in meaning can be the greatest.

The following table identifies factors for consideration regarding one’s own and another

individual’s nonverbal messages, which may also compromise safety.

Element

Consideration

Example

Gestures

• Many common gestures could

be offensive to individuals from

other cultural backgrounds.

Signaling a person to “come

here” using a hand signal with

the back of the hand up can

be insulting to some Asian

and Latin Americans.

Facial expressions

• Facial expressions may have

very different meanings

depending on the cultural

background of the individual.

In some cultures, individuals

respond to loss of face or

shame by smiling.

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Body positioning

The amount of space or

“comfort zone” between

individuals can vary depending

on acceptable practices of

different cultural groups.

Security personnel should be

aware of their body language.

Individuals from a Middle

Eastern culture may attempt

to move closer when

speaking with security

personnel.

Crossing your arms or looking

at your watch could imply you

don’t care.

Eye contact

It may be disrespectful in some

cultures to maintain direct eye

contact with an authority figure.

In certain Asian cultures,

children are taught to look

down when being spoken to

by an adult.

NOTE: Although the examples given in the above table all pertain to cultural groupings

based on ethnicity, security personnel should be aware that nonverbal communication

can vary based on numerous other factors (e.g. religion, gender, developmental

disabilities such as autism, etc.

General Guidelines

Security personnel must recognize one of the most reliable strategies for successful

contacts with individuals from differing cultural, racial, or ethnic backgrounds is to treat all

individuals and groups with dignity and respect.

Effective contacts with members of differing cultural groups cannot be reduced to a

“recipe-style” approach. Security guards should remain ethical and apply professional

behaviors consistently with all members of the community. Generalizations can be proven

erroneous and therefore counterproductive.

Real-Life Scenarios

The Impact of Implicit (Unconscious) Bias – Re: Gender, Age, Ethnicity, etc.

Example: A few teenage boys are at a shopping mall and seem to be causing a

disturbance (making loud remarks and running in the mall). A security officer believes he

saw one of the boys place an item in his pocket without paying and has been agitated by

the boys and their disturbance and thus takes the boy away from his group for questioning

and finds that he did not take anything. The boy’s mother found out about the incident

when he returned home and wants to take legal action against the security company. The

security guard must be aware of any implicit bias that may impact the security guard or

their company.

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Section B-7 Review Questions

23. Unconscious thoughts and feelings are an example of:

a. Perceptions

b. Implicit bias

c. Explicit bias

d. Discrimination

24. When communicating with an individual who speaks limited English, a good

technique is to:

a. Allow enough time for a response

b. Speak loudly

c. Use technical terms

d. Address the translator only

25. Which nonverbal actions may impact communication between people of different

cultures?

a. Facial expressions

b. Eye contact

c. Gestures

d. All of the above

26. Which of the following is not an aspect of active listening?

a. Considering context

b. Assuming you heard everything right the first time

c. Rephrasing what was said

d. Open-mindedness

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Section 8: Skills Including De-Escalation Techniques to Interact with

People with Disabilities or Behavioral Health Issues

The Americans with Disabilities Act (ADA) was enacted to ensure people with disabilities

are provided equal opportunity and access to services. Learning the behavior signs and

indicators of various special conditions can assist security personnel in identifying the

proper intervention to bring the situation to a quick and safe conclusion.

Although it is not the role of or within the capability of security personnel to attempt to

diagnose a person’s disability or medical condition, security personnel need to recognize

cues and other indicators to make appropriate decisions regarding intervention strategies.

In order to reduce stigma, security personnel should avoid prejudging the contact and

remain aware of an underlying disability. It is the responsibility of all security personnel to

treat everyone with respect and integrity no matter what their disability, race, creed,

gender identity, or religion.

To the extent possible, security personnel should observe the behavior exhibited by the

person in an effort to determine what is happening and what might be prompting the

observed behavior.

A disability is a functional limitation. People with disabilities are capable of committing

crimes. They are not relieved from their obligation to obey the law. Although the individual

may have a disability, that individual may still be capable of injuring security personnel or

the public.

Strategies for Identifying and Effectively Communicating and De-escalating a

Situation with an Individual with a Disability or Behavioral Health Issues

“Disability” means a mental or physical disability and has the meanings set forth in

Sections 12926 and 12926.1 of the Government Code. Additionally, a mental disability

can be any condition of the mind that has a long-term effect on a person’s normal day-to-

day activity.

Intellectual/developmental disabilities originate before adulthood and continue

throughout the person’s lifetime (this is not the same as mental illness). Some examples

include, but are not limited to, autism spectrum disorder, cerebral palsy, attention-

deficit/hyperactivity disorder (ADHD), Tourette’s syndrome, and Down syndrome.

A person’s ability to communicate, comprehend, move about, and generally interact within

the community depends on the nature and severity of the disability. Depending on that

individual’s specific abilities and needs, standard procedures may have to be adjusted

when security personnel interact with people with developmental disabilities.

The behavior of a person with a developmental disability can be misinterpreted by the

reporting party and by responding individuals. If possible, security personnel should take

time to observe the behaviors exhibited by the person in an effort to determine possible

reasons for the person’s behavior.

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Example: A person with cerebral palsy may have slow and/or slurred speech,

move with jerky motions, or have an erratic gait. At first observation, it might be

falsely assumed that the person is under the influence of alcohol or drugs.

Process

Guidelines

Initial Contact

• Approach in a calm and respectful manner

• Be patient

• Use simple language and ask short open-ended questions

• Speak slowly and clearly in a normal tone of voice

• Do not exaggerate inflections or speak louder than normal

• Proceed slowly; allow the individual to set the pace

• Give praise and encouragement

NOTE: Security personnel should keep in mind that the person may

be extremely fearful and may appear to be uncooperative.

Instructions

or Commands

• Give specific instructions

• Verify the individual understands by repeating back information

• Refrain from giving more than one command at a time

Evaluation

Recognize cues that could identify possible causes for a behavior:

• Is the person exhibiting behaviors characteristic of a physical or

developmental disability?

• Is the person exhibiting behaviors characteristic of a mental

illness?

• Is the person under the apparent influence of alcohol or drugs?

• If under the apparent influence of drugs, is it the result of illegal

abuse or a reaction to prescribed medications?

Assessment

Do not automatically assume or dismiss criminal activity and safety

concerns based on the individual’s behavior.

Look for:

• subtle behavioral cues of impairments (e.g., slow thought

process, difficulty speaking, confusion, not responding to

questions, etc.)

Questioning

• Allow plenty of time for the individual to respond

• If the individual does not understand, rephrase the questions

using simpler terms

• Ask for simple and clear descriptions (e.g., colors, clothing, etc.)

• Ask open-ended questions

• Avoid questions regarding time or complex sequences

• Avoid questions that deal with abstract ideas (e.g., “Why do you

think he did that?”)

• Avoid questions that tell the person the answer that is expected

(e.g., “You saw him take the purse, didn’t you?”)

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NOTE: Security personnel should be aware that the individual may

attempt to answer questions in a way that would please the

questioner rather than to communicate factual information.

Information

Gathering

Gather additional information regarding the person’s condition from:

• bystanders who may have observed the person’s behavior over

a span of time

• family members or acquaintances

• other forms of information that a person may carry (e.g., special

ID cards in wallets, etc.)

Physical Disabilities and Strategies

In order to make appropriate decisions and serve those with physical disabilities, security

personnel must be able to recognize indicators of people with physical disabilities.

Limitations can include but not be limited to:

o deaf or hard of hearing

o visual impairment

o neurologically based disorders (e.g., dementia, brain or spinal cord injury, etc.)

o other physical impairments (e.g., amputation, injury, etc.)

The success of contact with a person who is affected by a disability is often determined

by the security personnel’s conduct during the first moments of an encounter.

Gather additional information regarding the person’s condition from:

o bystanders who may have observed the person’s behavior over a span of time

o family members or acquaintances

o medical alert bracelets or necklaces

o other forms of medical alert information that person may carry

Mobility Equipment and Devices

When making any contact with a person using a mobility aid, security personnel must

always be aware of their personal safety and the safety of others. It is important to

remember that even though the person may be disabled, that person may be capable of

injuring others.

Security personnel should consider any piece of mobility equipment as an extension of

the person. Such devices should be searched at the same time the person is being

searched. These devices may be used to conceal/smuggle contraband and weapons.

Security personnel should also consider devices that can extend the reach of the

individual and take these devices into consideration when establishing a safety zone (e.g.,

canes, crutches, etc.).

People with physical disabilities may use several types of aids for mobility. These aids

can include canes, crutches, walkers, braces, prostheses, motorized scooters, manual or

motorized wheelchairs, service dogs, and personal attendants. People with severe spinal

cord injuries may also use mobile respiratory devices or other equipment necessary for

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bodily support.

Blindness or Visual Impairments and Strategies

Visual impairments include all conditions limiting sight. Approximately 80 percent of all

individuals who are legally blind have some usable vision. Legally blind is defined as

visual acuity of 20/200 or less in the better-seeing eye with best conventional correction

or having a visual field (the total area an individual can see without moving the eyes from

side to side) of 20 degrees or less (also called tunnel vision) in the better-seeing eye. The

degree to which a person’s mobility is affected depends on that person’s visual

impairment.

There are several guidelines for officers when interacting with a person who is visually

impaired. These include, but are not limited to, the following:

Actions

Additional Information

Communication

• Talk directly to the person, not through an intermediary

• Speak clearly in a normal voice and volume

• Give detailed descriptions

• Attempt to describe visual scenes vividly

• Advise the person first before leaving the room or area

• End any conversation in such a manner that the person knows

the other person is leaving

Assessment

• Do not immediately assume criminal activity based on the

individual’s behaviors

• Look for: assistance devices (e.g., cane, hearing aid, service

dog, etc.), obvious behavioral cues of impairments (e.g.,

tremors, hand signals, difficulty speaking, unsteady gait, etc.)

- subtle behavioral cues of impairments (e.g., slow thought

process, confusion, not responding to questions, etc.)

Service animals provide assistance with routine tasks. By law, a service animal must be

allowed to accompany the individual anywhere the individual goes (with the exception of

some animal parks and zoos). Some service animals are protective of their owners.

Security guards should convey any actions to the animal’s owner first so the owner can

caution or calm the animal if necessary. Care should be taken not to separate the animal

from its owner.

Deaf or Hard of Hearing and Strategies

The term deaf or hard of hearing means a substantial or complete loss of hearing. The

ability to rapidly identify and properly treat people who are deaf or hard of hearing will

enhance guards’ abilities to accomplish their duties in a professional manner.

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People who are deaf or hard of hearing often are concerned or even fearful about contact

with uniformed officials. They may be concerned that they will be misunderstood by and

perhaps be:

o arrested or shot for not responding to commands

o mistaken for being under the influence of alcohol or drugs

o perceived as uncooperative or disrespectful

o appear to be anxious or confused because of an inability to communicate

Security personnel must be aware of the fact that if a person does not answer a question

or obey a command or instruction, they may not be refusing to cooperate. If the person is

deaf or hard of hearing, they may not hear the guard or even been aware of the guard’s

presence.

People who are deaf or hard of hearing may use a number of different means of

communicating. Some may use speech while others use a combination of speech and

sign language. Some deaf or hard-of-hearing people may have learned to speak through

unconventional methods. Their speech may sound unclear or unintelligible at first.

Security personnel should not confuse their speech as a symptom of intoxication.

The most commonly used form of communicating with a person who is deaf or hard of

hearing is through writing. The following list suggests a number of ways security guards

can use this method to their advantage:

o Offer the person paper and pencil rather than waiting for the person to retrieve

their own. This shows that the guard understands, and also precludes the person

from reaching into unseen areas.

o Use simple and concise language and brief sentences to inform the person of the

reason for being stopped, questioned, detained, or arrested.

o Be patient and allow for adequate time for the person to respond and ask

questions in writing.

o Recognize that the individual’s statements may not be written in a standard

grammatical format.

Security personnel should not automatically assume that a person who is deaf or hard of

hearing can read lips. Even a skilled lip reader may understand a minimal amount of

spoken language.

When communicating with a person who is skilled in reading lips, officers should:

o look directly at the person when speaking

o speak slowly and clearly

o speak in a normal tone and volume

NOTE: Shouting, exaggerating, or over-emphasizing words will distort a person’s

lips and make lip reading more difficult.

Security personnel may be able to recognize a person is deaf or hard of hearing by

noticing the person is wearing one or more hearing aids. Even if the person is wearing a

hearing aid, that person may still have difficulty understanding spoken words. Security

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personnel should speak slowly and distinctly and face the person when speaking.

The following table identifies additional recommendations that security personnel can use

when communicating with a person who is deaf or hard of hearing.

Recommendations

Additional Information

Get the Person’s

Attention

•

Gain the person’s attention before speaking

• Since a deaf or hard of hearing person may not hear

calls for attention, tap the person lightly on the shoulder

or use other signals to gain the person’s attention

Maintain Eye Contact

• Maintaining eye contact conveys that the individual’s

attention is on the person and enhances the feeling of

direct communication

Use Nonverbal

Methods

• All conventional means of face-to-face communication

involve nonverbal cues and messages

• Additional use of body language, facial expressions, and

gestures can aid other means of communicating

Use Clear and

Concise Words

• Keep sentences short

• If the individual does not understand, rephrase the

thought rather than repeating the same words

People who are deaf or hard of hearing may be no less dangerous than other individuals

to the safety of guards or others. Security personnel should not jeopardize their safety or

the safety of others by adopting an overly sympathetic attitude.

Behavioral/Mental Health Considerations

Security personnel routinely encounter persons with mental illness in a variety of settings.

How security guards respond to persons living with a mental disorder can have

tremendous impact on how these encounters will be resolved. The basic philosophy of

any security personnel should be to respond in a manner that is humane, compassionate,

and supportive.

Mental illnesses are a medical condition that affects a person’s thinking, feeling, mood,

ability to relate to others, and disrupts daily functioning. Mental illness is defined as any

mental health disorder as identified in the most recent edition of the Diagnostic and

Statistical Manual of Mental Disorders as a syndrome characterized by clinically

significant disturbance in an individual's cognition, emotion regulation, or behavior that

reflects a dysfunction in the psychological, biological, or development processes

underlying mental functioning. Persons managing a mental illness can have a

substantially diminished capacity for coping with the ordinary demands of life. The causes

and impacts of mental illness vary and are not bound by race, gender, or socioeconomic

status.

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Recognizing Behaviors Associated with Behavioral Issue/Mental Illness

Security personnel should not attempt to diagnose mental illness. Security personnel

must be able to recognize general indicators of mental illness so that appropriate actions

can be taken.

Indicators to consider when determining whether a behavior is related to mental illness

include, but are not limited to:

o Irrational fear: extreme fright over something that a reasonable person would

consider of little or no threat

o Extreme expression of emotion out of context for the situation

o Reckless behavior (e.g., walking on the freeway)

o Acting out with inappropriate or aggressive behavior

o A reduced capacity to take care of basic needs (e.g., stops bathing or eating,

sleeps very little or more than normal, failure to find adequate shelter, etc.)

o Inability to make logical thought connections or to concentrate

o Rapid flow of unrelated thoughts

o Strange and erratic behaviors

o Speech that is unclear or does not communicate an idea (e.g., talking in rhymes,

repetition of words or phrases, speech that is rapid or non-stop)

o Failure to or slow to respond to simple questions or commands (e.g., blank stare)

o Memory loss related to common facts (e.g., name, awareness of time, identity of

others)

o Experiencing hallucinations: a false perception experienced through any of the

five senses (e.g., hearing voices, feeling one’s skin crawl, smelling strange

odors, seeing visions, etc.). When hallucinating, individuals may be so

overwhelmed that they have little or no awareness of their surroundings.

o Experiencing delusions: a persistent false belief or thoughts and actions that are

not based on reality (e.g., delusions of grandeur, self-importance, being

persecuted or conspired against, etc.)

NOTE: Security personnel may come into contact with people affected by

schizophrenia because certain medications taken by individuals who are affected by

schizophrenia may cause agitation that can lead to a buildup of tension, anxiety, or

panic. This may lead to potentially dangerous situations. When frightened, a person

with this disorder may act out with even more bizarre or paranoid behavior.

NOTE: Security personnel should be aware that substance abuse (drugs and/or

alcohol) can also cause delusions, hallucinations, and violent mood swings in an

individual. Likewise, mentally disabled persons may use drugs or alcohol to mitigate

their symptoms.

Security personnel must make difficult judgments and decisions about the behaviors and

intent of any individual they think may be affected by a mental illness. This requires

special considerations to avoid unnecessary violence or civil liability.

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People affected by mental illness can be unpredictable and sometimes violent. Security

personnel should never compromise or jeopardize their own safety or the safety of others

when dealing with individuals who display symptoms of a mental illness. Not all people

with mental illness are dangerous, while some may represent danger only under certain

circumstances or conditions. Some may be capable of going very quickly from a state of

calm to being extremely agitated.

Real-Life Scenarios

Interacting with a person with a suspected disability or mental illness:

Example: A homeless individual with a suspected mental illness has been roaming

around an area a security guard is tasked with monitoring. The security guard takes all

precautions to deescalate and mitigate client property damage, maintain client employee

safety and warns local law enforcement for any trespass issues the security guard may

have with the individual.

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Section B-8 Review Questions

27. It is up to security personnel to determine whether an individual is protected under

the Americans with Disabilities Act (ADA)

a. True

b. False

28. When interacting with a person using a mobility device, security personnel should:

a. Forcefully remove the device out of the way.

b. Consider the device an extension of the person when establishing a safety

zone or conducting a frisk.

c. Determine whether the device is absolutely necessary to accommodate the

individual’s disability.

d. None of the above.

29. When communicating with a person who is deaf or hard of hearing, security

personnel can help the process by:

a. Providing pen and paper

b. Assuming the individual can read lips.

c. Speaking loudly into their ear.

d. All of the above.

30. Hallucinations can be a symptom of which of the following?

a. Mental illness

b. Substance abuse

c. Both A and B

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Section 9: Use of Force Scenario Training

Factors that can Affect an Individual’s Response when Threatened with Danger

Self-control is maintaining composure to make sound judgements and decisions. Self-

control is one of a security personnel’s greatest assets in dealing with a person or a

situation. Self-control reflects one’s confidence in their skills and abilities which can be

improved through training, practice, and experience; thereby enhancing decision-making

and reaction time. Professional demeanor can have a positive influence on calming a

subject, making it easier to take the safely utilize use of force. Nonprofessional demeanor

and offensive language can easily lead to increased conflict, encouraging dangerous

behavior by the subject and resulting in poor behavior on the part of the security

personnel.

Two major emotional factors that security personnel need to focus on to maintain self-

control are:

o fear, an emotional response to a perceived threat

o anger, a feeling of displeasure from perceived opposition

It is important to understand fear and anger since both can affect security personnel’s

reactions during a dangerous situation.

o Uncontrolled fear and anger tend to decrease the security personnel’s ability to

make sound judgments and decisions.

o Uncontrolled fear and anger tend to increase hesitation, verbal abuse and

unreasonable force.

Fear alone does not justify the use of force or deadly force. An imminent harm is not

merely a fear of future harm, no matter how great the fear and no matter how great the

likelihood of the harm, but is one that from appearances, must be instantly confronted

and addressed.

The decision of whether or not to use force or deadly force may be influenced by, but not

limited to, the security personnel’s:

o training and experience

o judgment

o mental alertness

o existing facts and circumstances

o understanding of state law, case law, and agency policy

The use of force by security personnel is not one of hostility but rather one designed to

defend and protect persons and property from an escalation of violence. Proper training

and practice are keys to dealing effectively with dangerous situations. They help develop

confidence, promote a trained response, and enhance mental alertness and

concentration as well as develop emotional control.

(Revised July 2023)

BSIS Power to Arrest Training Manual Page 82

Factors to Consider Before Using Force

Whenever possible, security personnel should attempt to obtain voluntary compliance

without resorting to physical force. Some communication techniques and skills for

obtaining voluntary compliance that can be utilized are ask, set context, present options,

and act. The tenets of Procedural Justice, including voice, neutrality, respect, and

trustworthiness, add to effective communication, may lead to greater police legitimacy,

and may deescalate a situation.

There are a number of factors that can affect which force option is selected. The following

chart identifies, but is not limited to, some of the most critical factors:

Factor

Considerations

Public and security personnel safety

- Immediate action required for self-defense

or defense of others

Presence of a weapon and type of

weapon

- Other Weapons

- Firearms

Characteristics of the subject as

compared to the characteristics of the

officer

- Size

- Age

- Knowledge of Capabilities

- History

Availability of assistance

- Additional security personnel

- Distance of additional security personnel

Nature and condition of the location and

surroundings

- Danger to bystanders

- Availability of weapons

- Environmental conditions

Security personnel must consider the totality of the circumstances when selecting a force

option. It is not the intent of this chart to imply that an officer’s force options are limited

based on any single factor. A key principle in maintaining public trust and respect is

ensuring that any use of force is reasonable. Security personnel must be aware of and

comply with their specific agency policies regarding appropriate force options.

Real-Life Scenario

Example: A security officer is working at the front door of a jewelry store when he sees

an individual walking back and forth staring at the store with his hands in his pockets. The

security officer sees the man pull out what looks to be a black item from his pocket but

cannot get a confirmed visual. The officer remains calm and stays alert until he can get a

confirmation of a deadly weapon in the man’s pocket. The security officer considers all

factors before making determination as the man attempts to remove the item out of his

pocket while walking towards the jewelry store. The officer is aware of their surroundings

and notices the man gravitate towards the pawn shop next door. The man pulls a black

vintage cellular phone from his pocket and proceeds to walk into the pawn shop. No use

of force or deadly force is necessary.

(Revised July 2023)

BSIS Power to Arrest Training Manual Page 83

Section B-9 Review Questions

31. Self-control is one of a security personnel’s greatest ______ in dealing with a

person or a situation.

a. Weaknesses

b. Assets

c. Protection

d. Awareness level

32. Two major emotional factors that security personnel need to focus on to maintain

self-control are:

a. Fear and Anger

b. Fear and Self-Control

c. Anger and Anxiety

d. Distress and Excitement

33. Whenever possible, security personnel should attempt to generate voluntary

compliance without resorting to _______.

a. Anger

b. Arrest

c. Physical Force

d. Confrontation

34. A key principle in maintaining public trust and respect is ensuring that any use of

force is _______.

a. Reasonable

b. Unreasonable

c. Accurate

d. Justifiable

(Revised July 2023)

BSIS Power to Arrest Training Manual Page 84

Section 10: Mental Health and Policing of the Public

Categories of Mental Illness

How security personnel respond to persons living with a mental disorder can have

tremendous impact on how these encounters will be resolved. The basic philosophy of

any security officer should be to respond in a manner that is humane, compassionate,

and supportive.

“Mental illness” is defined as any mental health disorder as identified in the most recent

edition of the Diagnostic and Statistical Manual of Mental Disorders as a syndrome

characterized by clinically significant disturbance in an individual's cognition, emotion

regulation, or behavior that reflects a dysfunction in the psychological, biological, or

development processes underlying mental functioning. Mental illnesses are a medical

condition that affect a person’s thinking, feeling, mood, ability to relate to others, and

disrupts daily functioning. Persons managing a mental illness can have a substantially

diminished capacity for coping with the ordinary demands of life. Mental illnesses can

affect people of any age, race, religion, income, or background.

Type of Mental Illnesses:

Mental Disorder

• Mental disorder is not defined by law, and officers are not

required to make a medical diagnosis of a mental disorder.

• A mental disorder:

- is primarily a brain disorder

- creates problems with feeling, thinking, and perception

- affects a person's behavior by causing bizarre and/or

inappropriate behavior

- can be short term (acute) or long term (chronic)

- can occur at any time during a person's life

Thought Disorder

• A thought disorder is a condition where the person’s

thought process is disrupted causing that person to

experience delusions, hallucinations, and/or irrational fears,

or they may exhibit unusual behaviors.

Mood Disorder

• A mood disorder, also referred to as an affective disorder,

is a condition where the person experiences periodic

disturbances in mood, concentration, sleep, activity,

appetite, or social behavior. Mood disorders can be marked

by periods of extreme sadness (depression) or excitement

(mania).

• Mood disorders tend to be episodic. Between episodes the

individual may have no remarkable symptoms or difficulties.

- Most common disorder: Clinical depression

(Revised July 2023)

BSIS Power to Arrest Training Manual Page 85

Specific types of mental illness include: bipolar disorder, schizophrenia, postpartum

depression, postpartum psychosis, psychosis, posttraumatic stress disorder (PTSD and

personality disorder.

Biases and Stigmas Surrounding Mental Illness

Security personnel must be trained in how to recognize people with mental health issues

and deal with them in a safe and humane manner. Many agencies already provide some

form of crisis intervention training as a key element of de-escalation, but crisis intervention

policies and training must be merged with a new focus on tactics officers can use to de-

escalate situations.

Security personnel should not attempt to diagnose mental illness. A mental illness is often

difficult for even the trained professional to define in a given individual. Security personnel

must be able to recognize general indicators of mental illness so that appropriate actions

can be taken.

Not all people with mental illness are dangerous, while some may represent danger only

under certain circumstances or conditions. Some may be capable of going very quickly

from a state of calm to being extremely agitated.

Real-Life Scenario

Example: A security guard was performing a routine walk around a laundromat when the

guard saw a man with a knife. The guard recognized that the man was experiencing a

mental health crisis, possibly exacerbated by the consumption of drugs. The guard called

the proper authorities who came and talked to the man, calmed him down, and took him

into custody, without jeopardizing their safety, his safety, or that of the public.

(Revised July 2023)

BSIS Power to Arrest Training Manual Page 86

Section B-10 Review Questions

35. The basic philosophy of any security officer should be to respond in a manner that

is humane, compassionate, and _______.

a. Aggressive

b. Supportive

c. Kind

d. Admirable

36. Persons managing a mental illness can have a substantially diminished capacity for

coping with the ordinary demands of life.

a. True

b. False

37. Security personnel should attempt to diagnose mental illness.

a. True

b. False

38. Some individuals with a mental illness may be capable of going very quickly from a

state of calm to being extremely _______.

a. Excited

b. Quiet

c. Anxious

d. Agitated

(Revised July 2023)

BSIS Power to Arrest Training Manual Page 87

Section 11: Active Shooter Situations

Recognizing an Active Shooter Situation

An active shooter is an individual actively engaged in killing or attempting to kill people in

a confined and populated area; in most cases, active shooters use firearms, and in some

cases, there is no pattern or method to their selection of victims.

Active shooter situations are unpredictable and evolve quickly. Typically, the immediate

deployment of law enforcement is required to stop the shooting and mitigate harm to

victims. Because active shooter situations are often over within 10 to 15 minutes, before

law enforcement arrives on the scene, individuals must be prepared both mentally and

physically to deal with an active shooter situation.

Roles and Responsibilities of Security Personnel

Law enforcement, fire, emergency response personnel and other first responders have

detailed plans for responding to and recovering from such incidents. Businesses can

blend into this response and aid in recovery by having resources available such as

building plans, location of employees, utility access, and control over cameras, locks and

alarms.

When an active shooter incident occurs, civilians will look to authority figures for

guidance. They will not make a distinction between law enforcement officers or other

uniformed personnel who are employees. All employees should receive basic training in

civilian techniques for responding to active shooter events using the Run. Hide. Fight.

model. When applicable, employees should know how to lead or direct the public to the

nearest evacuation routes (run) and identified secure areas (hide/barricade).

Quickly determine the most reasonable way to protect your own life. Remember that

members of the public are likely to follow the lead of a uniformed guard during an active

shooter situation, but you are not responsible for ensuring their compliance.

Run, Hide, Fight

1. Run

If there is an accessible escape path, attempt to evacuate the premises. Be sure to:

o Have an escape route and plan in mind.

o Evacuate regardless of whether others agree to follow.

o Leave your belongings behind.

o Help others escape, if possible.

o Prevent individuals from entering an area where the active shooter may be.

o Keep your hands visible.

o Follow the instructions of any police officers.

o Do not attempt to move wounded people.

o Call 911 when you are safe.

(Revised July 2023)

BSIS Power to Arrest Training Manual Page 88

2. Hide

If evacuation is not possible, find a place to hide where the active shooter is less likely to

find you.

Your hiding place should:

o Be out of the active shooter’s view.

o Provide protection if shots are fired in your direction (i.e., a room with a closed and

locked door).

o Not trap you or restrict your options for movement.

To prevent an active shooter from entering your hiding place:

o Lock the door.

o Blockade the door with heavy furniture.

If the active shooter is nearby:

o Lock the door.

o Silence your cell phone and/or other personal devices.

o Turn off any source of noise (i.e., radios, televisions).

o Hide behind large items (i.e., cabinets, desks).

o Remain quiet.

If evacuation and hiding out are not possible:

o Remain calm.

o Dial 911, if possible, to alert police to the active shooter’s location.

o If you cannot speak, leave the line open and allow the dispatcher to listen.

3. Fight

As a last resort, and only when your life is in imminent danger, attempt to disrupt and/or

incapacitate the active shooter by:

o Acting as aggressively as possible against them.

o Throwing items and improvising weapons.

o Yelling.

o Committing to your actions.

How to Respond When Law Enforcement Arrives

Law enforcement’s purpose is to stop the active shooter as soon as possible. Officers will

proceed directly to the area in which the last shots were heard.

o Officers usually arrive in teams of four (4), however initially it could be a lone

officer.

o Officers may wear regular patrol uniforms or external bulletproof vests, Kevlar

helmets, and other tactical equipment.

o Officers may be armed with rifles, shotguns, handguns.

o Officers may use pepper spray or tear gas to control the situation.

o Officers may shout commands, and may push individuals to the ground for their

safety.

(Revised July 2023)

BSIS Power to Arrest Training Manual Page 89

How to react when law enforcement arrives:

o Remain calm, and follow officers’ instructions.

o Put down any items in your hands (i.e., bags, jackets).

o Immediately raise hands and spread fingers.

o Keep hands visible at all times.

o Avoid making quick movements toward officers such as holding on to them for

safety.

o Avoid pointing, screaming and/or yelling.

o Do not stop to ask officers for help or direction when evacuating, just proceed in

the direction from which officers are entering the premises.

Information to provide to law enforcement or 911 operator:

o Location of the active shooter

o Number of shooters, if more than one

o Physical description of shooter(s)

o Number and type of weapons held by the shooter(s)

o Number of potential victims at the location

The first officers to arrive at the scene will not stop to help injured persons. Expect rescue

teams comprised of additional officers and emergency medical personnel to follow the

initial officers. These rescue teams will treat and remove any injured persons.

They may also call upon able-bodied individuals to assist in removing the wounded from

the premises.

Once you have reached a safe location or an assembly point, you will likely be held in

that area by law enforcement until the situation is under control, and all witnesses have

been identified and questioned. Do not leave until law enforcement authorities have

instructed you to do so.

Real-Life Scenario

Example: A security officer is trained so that if they see something, they say something

and report it immediately to law enforcement. If the security officer is armed, the officer

should make an attempt to neutralize the active shooter if possible.

(Revised July 2023)

BSIS Power to Arrest Training Manual Page 90

Section B- 11 Review Questions

39. The first action you should take in an active shooter situation is to attempt to disarm

the shooter.

a. True

b. False

40. If you are able to call 911, what information should you provide?

a. The shooter’s location

b. Driving directions to your location

c. A physical description of the shooter

d. Both A and C

41. Security personnel are responsible for which of the following?

a. Evacuating all members of the public.

b. Taking down the active shooter.

c. Protecting their own lives.

42. The appropriate order to consider your safety options are:

a. Confront, Fight, Run

b. Run, Hide, Fight

c. Hide, Attack, Run