Course

III.E – Advanced Arrest, Search and Siezure

6 Lessons

California Security Officers with Registrations (guard cards)  must receive 40 hours of training as follows:

  • 8 hours “Powers to Arrest” prior to an Officer standing post.
  • 16 hours of training within 30 days of issuance of registration, 8 of which must consist of two four-hour courses from the mandatory modules and 8 of which must consist of elective courses.
  • 16 hours of training within 6 months of issuance of registration, 8 of which must consist of the remaining two four- hour courses from the mandatory modules, and 8 of which must consist of elective courses.

This course module, titled “Advanced Arrest, Search & Seizure” complies with requirements of AB 2880 and Bureau of Security & Investigative Services (BSIS) training directives as in compliance with Business and Professions Code Sections 7583.6 and 7583.7 and Title 16, Division 7, Article 9, Section 643 of the California Code of Regulations.

This course corresponds to module III.E of the BSIS Course Outline. This is an elective course under the Course Outline and satisfies the requirement for 4 hours of training under the elective section of the Security Officer Training Laws and Regulations.

III.E – Advanced Arrest, Search & Seizure – 4 hours

Learning Goals

  • The officer will understand the laws of arrest as it applies to a private person.
  • The officer will be provided with the general rule relating to use of reasonable force.
  • The officer will be provided with applicable Federal Law, California Supreme Court and Court of Ap- peal decisions regarding the explanation, description and definition for use of reasonable force.
  • The officer will be provided with specific examples regarding use of reasonable force.
  • The officer will learn what aspects of use of force situation are necessary to document and observe.
  • The officer will learn the definition of false arrest and detention as it relates to a private person.
  • The officer will be provided with a general understanding of probable cause and how it relates to detention of a suspect.
  • The officer will understand immunity as it relates to detention and false arrest by a private party.
  • The officer will be provided with the California Civil Code section regarding immunity, an analysis of the section, and California cases interpreting the immunity statute.
  • The officer will be provided with a comprehensive analysis of the Shopkeeper’s Privilege including the definition, the elements, California case law interpreting the Shopkeeper’s Privilege statute, and specific examples to apply.
  • The officer will understand the differences between false imprisonment by a police officer or govern- mental entity and false imprisonment by a private person.
  • The officer will be provided with the applicable Federal Law and California authority describing and defining appropriate searches for weapons.
  • The officer will be provided with the applicable Federal Law and California authority describing and defining appropriate searches of a person.
  • The officer will be provided with the applicable Federal Law and California authority describing and defining appropriate searches of a person’s bags or belongings.
  • The officer will be provided with a definition of a seizure.
  • The officer will be provided with understanding the differences between search and seizure as it relates to a private person.

Outline

I. ARREST BY A PRIVATE PERSON.

A. Penal Code Section 836.

B. Penal Code Section 837.

  1.  Summary and analysis of cases applying code section 837 to security officers’ actions.
    1. Cervantes v. J.C. Penney Co., Inc., 24 Cal3d 579
    2.  People v. Raymond Lewis Carter, 130 Cal.App.3d 690
  2. Timing for Arrest.
    1. Imogene Green v. Department of Motor Vehicles
    2. Jackson v. Superior Court of Merced County

C. Differences Between Penal Code Section 836 and Penal Code Section 837.

  1. Requirement of Observation of Misdemeanor by Private Individual.
    1.  Hamburg v. Wal-Mart Stores, Inc.
  2. Reasonable cause to arrest (actions not observed.)
    1.  Reasonable Cause to Arrest Pursuant to Penal Code § 837 and the case of Terry 2 Cal.3d 362, 393.
    2. Reasonable Cause is not Probable Cause.

D. Use of Reasonable Force in Making an Arrest.

  1. Penal Code Section 835.
    1. Edson v. City of Anaheim.
    2. People v. Jerome Fosselman
    3. People v. Dale Michael Piorkowski

II. DETENTION OF AN INDIVIDUAL.

A. Probable Cause to detain an individual.
B. The legal requirements.
C. Proof in Court.

III. SEARCH INCIDENT TO ARREST.

A. FOURTH AMENDMENT TO THE UNITED STATES CONSTITUTION.

  1. General Rule Regarding the Exclusion of Evidence.
    1. People v. Garcia
    2. Burdeau v. McDowell
    3. California authority

IV. THE SHOPKEEPER’S PRIVILEGE

A. General Rule/Penal Code Section 490.5.

  1. Search of a private person.
  2. Search of person’s belongings.
  3. Search for weapons.
  4.  Seizure of Property.

V. EVIDENCE

A. Statements by the Suspect /Defendant.
B. Observations by the Security Officer.
C. Physical Evidence.
D. Statements of Others.

VI. FINAL COMMENT

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