NCJ Number
9114
Journal
Security World Volume: 10 Issue: 2 Dated: (FEBRUARY 1973) Pages: 20-22 & 24-26
Date Published
1973
Length
6 pages
Annotation
AN ANALYSIS OF THE LEGAL AUTHORITY OF NONDEPUTIZED PRIVATE SECURITY OFFICERS TO MAKE ARREST, DETAIN SUSPECTED SHOPLIFTERS, CONDUCT SEARCHES, AND USE FORCE IN APPREHENDING SUSPECTS IS PRESENTED.
Abstract
GENERALLY SPEAKING, THE SECURITY OFFICER WHO IS DEPUTIZED OR GIVEN SPECIAL POLICE STATUS HAS THE SAME ARREST POWERS AS A POLICE OFFICER, WHEN HE IS ACTING WITHIN THE SCOPE OF HIS AUTHORITY. IF HE DOES NOT HAVE THIS SPECIAL STATUS, HIS ARREST POWERS ARE THOSE OF A PRIVATE CITIZEN. THE PRIVATE CITIZEN CAN ONLY ARREST FOR MISDEMEANORS WHICH ARE ACTUALLY COMMITTED IN HIS PRESENCE; IN SOME JURISDICTIONS, THE MISDEMEANOR MUST ALSO BE ONE WHICH INVOLVES A BREACH OF THE PEACE. PETTY LARCENY AND SHOPLIFTING USUALLY DO NOT FALL WITHIN THIS CATEGORY. IN SOME JURISDICTIONS, THE ARREST POWER IS VALID ONLY WHERE THE PURPOSE OF SUCH ARREST IS TO TURN THE SUSPECT OVER TO PROPER PUBLIC AUTHORITIES AS SOON AS POSSIBLE. DETENTION FOR OTHER PURPOSES, SUCH AS OBTAINING A CONFESSION, IS NOT ALLOWED. IT IS EMPHASIZED THAT PRIVATE POLICE SHOULD KNOW THE LAWS OF THE JURISDICTION IN WHICH THEY ARE WORKING, AS THEY COULD EXPOSE THEMSELVES AND THEIR EMPLOYERS TO CIVIL SUITS BY MAKING AN IMPROPER ARREST. MOST STATES HAVE ADOPTED LAWS WHICH PROTECT MERCHANTS WHO DETAIN SUSPECTED SHOPLIFTERS. THESE LAWS FALL INTO TWO CATEGORIES: THOSE WHICH SPECIFICALLY AUTHORIZE THE DETENTION OF A SUSPECT FOR A REASONABLE TIME; AND THOSE WHICH PROVIDE A DEFENSE IN A CIVIL ACTION BASED ON SUCH DETENTION. DETENTION STATUTES USUALLY CONTAIN STRICT LIMITATIONS, AND FEW, IF ANY, AUTHORIZE THE ACTUAL ARREST OF THE SUSPECT. DEFENSE STATUTES DO NOT SPECIFICALLY AUTHORIZE DETENTION, BUT IMPLY A RIGHT TO DETAIN. STATUTES REGARDING SEARCH BY THE PRIVATE CITIZEN IN AN ARREST SITUATION ARE FEW BUT THE PRIVATE CITIZEN IS PROBABLY SUBJECT TO THE SAME RESTRAINTS AS POLICE OFFICERS -- HE MAY SEARCH THE PERSON AND THE AREA WITHIN THAT PERSONS' IMMEDIATE CONTROL, TO DETECT AND SEIZE ANY WEAPONS. HOWEVER, SHOPLIFTING DETENTION IS A NONARREST SITUATION. MOST SECURITY AGENCIES AVOID DISCUSSING THE ISSUE; THEY WANT THEIR GUARDS TO SEARCH WHEN NECESSARY AND ARE WILLING TO ACCEPT THE CIVIL CONSEQUENCES. THE SUCCESS OF DAMAGE SUITS USUALLY DEPENDS UPON THE REASONABLENESS OF THE GUARD IN TAKING THE ACTION AND THE MANNER IN WHICH IT TAKES PLACE. THE DEGREE OF FORCE WHICH MAY BE USED BY A GUARD IN CARRYING OUT HIS DUTIES DEPENDS ON LOCAL STATUTES. REASONABLENESS IS THE USUAL CONTROL, AND IN A CIVIL SUIT, THE JURY WILL GENERALLY DECIDE WHAT IS REASONABLE IN A PARTICULAR CASE. (VDA)