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Major Statute New York State Criminal Procedure Law 140.30(1)


Major statute New York State Criminal Procedure Law 140.30(1):


Subject to the provisions of subdivision two, any person may arrest another person (a) for a felony when the latter has in fact committed such felony, and (b) for any offense when the latter has in fact committed such offense in his presence. (Subdivision two refers to where citizens’ arrests may be made, and is discussed below.)


This statute, PL §140.30(1), authorizes citizens’ arrests for any “offense,” if it “in fact” occurs “in the presence” of the security Guard.


An “offense” is any violation of law for which the government may punish the violator, in other words any “criminal” offense. Offenses include felonies, misdemeanors, violations, and traffic infractions. These words are used in the law to “rank” offenses by seriousness.


A felony is an offense for which a prison term of more than one year may be imposed. (Note that an offense does not lose its status as a felony merely if a prison term of more than one year is not in fact imposed; it is the possibility of such a prison term that counts.) Felonies are the most serious crimes, and include offenses such as murder, grand larceny, serious assaults, robbery, burglary, and rape.


Misdemeanors are offenses for which a sentence of incarceration of over 15 days but not more than one year may be imposed. Misdemeanors are crimes, but less serious crimes than felonies. Offenses such as petit larceny (stealing property valued at less than $1,000), simple assault, and many trespasses are misdemeanors.


Violations are offenses for which a jail term of not more than 15 days may be imposed. Examples are disorderly conduct, simple trespass, and harassment. Violations are not crimes, although they are governed by criminal law. A person convicted of a violation does not have a “criminal record.”


Traffic Infractions are a variety of violations concerning improper operation of motor vehicles. Speeding tickets, failure to stop at a red light, and automobile equipment violations are examples. The major difference between traffic infractions and other violations are procedural— the methods used in the court proceedings for traffic infractions differ somewhat from those used for other violations.


Note: Not all traffic offenses are traffic infractions. Some, such as reckless driving or DWI, may be misdemeanors or felonies. The two most important things to remember about citizens’ arrests are that to be legally justified:


(a) The offense must have actually (“in fact”) occurred, and (b) The arrestor must have actually seen it occur (it must have occurred “in the presence” of the arrestor).



(a) With one exception (discussed below), Security Officers are not permitted to make arrests on “probable cause.” To justify a citizens’ arrest, the offense must have actually occurred. A security Guard is not legally authorized to make an arrest merely because s/he has a belief that an offense has occurred, no matter how reasonable that belief is.


(b) For a citizens’ arrest to be legally justified, in addition to the offense having actually occurred, the offense must have occurred “in the presence” of the arrestor. The Security Officer must have actually seen the offense occur. If s/he does not, even if the offense did actually occur, a citizens’ arrest is legally unauthorized.


For example: An employee at a factory advises a Security Officer that another employee has stolen her purse. Three other employees tell the Security Officer that they saw it happen. The Security Officer is not legally authorized to arrest the suspect, since the theft did not occur “in the presence” of the Security Officer.


(This does not necessarily mean that the Security Officer can do nothing to help resolve this case. It only means that the Security Officer may not legally make a citizens’ arrest. The Security Officer could, for example, assist the victim, who actually saw the theft, make her own citizens’ arrest. In such a case, the Security Officer could “do all the work” in making the arrest, but as an agent of the victim.)


The arrestor need not see every single act constituting an offense to meet the requirement that the offense have occurred in his or her presence. The requirement is met if the arrestor sees “enough” the offense to be sure it really occurred.


For example: A Security Officer in a factory hears a scream and sees a man running through the building with a woman’s purse. A female employee is running after him screaming that he just stole it. The offense (theft), if it actually occurred, happened “in the presence” of the Security Officer, because the Security Officer saw the theft in the “escape” stage.


Duties of a Security Officer/private person in arresting - Inform the person who s/he is arresting of the reason for such arrest, unless s/he encounters physical resistance, flight, or other factors rendering such procedure impractical (CPL 140.35).


Time of arrest: A Security Officer/private person may affect an arrest at any hour of the day or night. (CPL §140.35) Use of Force: To effect an arrest, a Security Officer/private person may use such physical force as is justifiable pursuant to PL §35.30 [4].


A private person acting on his own account may use physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes such to be necessary to effect an arrest or to prevent the escape from custody of a person whom he reasonably believes to have committed an offense and who in fact committed such offense; and he may use deadly physical force for such purpose when he reasonably believes such to be necessary to:


(a) Defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force; or (b) Affect the arrest of a person who has committed murder manslaughter in the first degree, robbery, forcible rape or forcible sodomy and who is in immediate flight there from.


What is the Role of a Security Officer?

The role of a security officer involves the primary goal of protecting the property of the employer. These security guards are frequently positioned as the first line of defense for businesses and homes against external threats, intrusion and vulnerabilities to the property and its dwellers. However, security guards wear many hats, as there are a number of responsibilities they must fulfill that private security company managers should note. While the specific responsibilities can vary depending on the employer, there are some common duties that help to define the roles of security officers. 

1. Security Issue Prevention

2. Observation and Reporting

3. Incident Response

4. Communication

5. Collaboration and Cooperation

Security Officer Play a Defensive rather than Offensive role

Preventing security issues is one of the most important goals of security officers because they play a defensive rather than offensive role when it comes to securing the property and maintaining safety for the public. Unlike police officers, security officers' duties do not include offensive tactics, such as detaining assailants or apprehending criminals. Instead, security officers can take preventative measures to deter crime, including trespassing and burglaries. That's why it's critical for private security company managers to prioritize preventative measures and to teach security prevention best practices to their personnel. Your security officers must also be visible and observant to help prevent intrusion and crime from occurring on the property.

 

Security Officers Observation & Reporting

Security officers are also expected to observe the environment they are protecting. This can be accomplished by setting and monitoring equipment and building controls. It's also important for security officers to report incidents by completing detailed reports. These reports may include any surveillance activity, occurrences, observations, witness statements and signatures, and interviews that took place during an incident. To enhance these measures, a guard tour solution that includes software that provides accurate data regarding security officers' whereabouts can be instrumental for reporting and observation purposes.

Duties of a Security Officer 

DUTIES AND RESPONSIBILITIES  • Patrol premises regularly • Monitoring surveillance cameras and equipment • Inspecting buildings, equipment and access points • Authorize entrance of people and vehicles • Ensure the security, safety and well-being of all personnel and visitors • Report any suspicious behaviors and happenings to supervisors • Respond to alarms or suspicious noises, and react in a timely manner • Complete reports by recording observations, information, and occurrences • Submit reports of daily surveillance activity • Submit reports of every suspicious action • Protect and maintain confidential information • Adhere to all company service and operating standards

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5 Top Responsibilities of Security Officers 

Be a visible deterrent to crime. 

Criminals are far less likely to perpetrate a crime such as theft, vandalism or a physical assault when there is a security officer present. The mere presence of security officer will stop would-be burglars, muggers and shoplifters from attempting to cause harm to people or property. 

Identifying suspicious behavior.

While your employees are busy doing their jobs, criminals could be at work doing their jobs. Businesses benefit greatly from having a dedicated team keeping watch and identifying irregular and suspicious behavior. Business owners cannot expect their employees to have the skills to identify when something isn’t right. Security officers have the training and expertise to identify when there is a smell, sound or sight that is abnormal and needs attention.  

Contacting and communicating with the authorities.

In the unfortunate event of an emergency situation, security officer act as a knowledgeable resource and point of contact for the authorities. Security officers are trained to observe and gather the information that fire or law enforcement authorities need to do their jobs. Security officers act as partners with business owners, police and fire services.

Monitoring access to properties. 

One of the most prevalent threats for businesses is unauthorized access to a property. Hospitals, construction sites, schools and other high-profile organizations understand the need for vigilant monitoring of their entrances and exits. Security officers can check credentials and maintain logs of visitors, vendors and employees. 

Taking action in emergency situations. 

Security officers have the skills and training to respond to any emergency as it arises. As a dedicated watchful eye, security officers are often the first to know about a security situation and the first to act. They are able to assist in evacuations and other serious security events. 

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