402 - SEARCH & SEIZURE (DETENTION)
402 - SEARCH & SEIZURE (DETENTION)
402.1 - CITIZEN’S ARREST & THE GOOD SAMARITAN CLAUSE.
Per Penal Code "(10)08. Good Samaritan Clause", security personnel possess the right to perform a Citizen’s Arrest. This is a critical responsibility that must be exercised with caution to avoid felony charges of False Imprisonment or Kidnapping ((1)13. Kidnapping).
Criteria for Arrest: Personnel may only restrain an individual if they have witnessed the subject commit a misdemeanor or greater offense.
Objective: The sole purpose of a Citizen’s Arrest is to restrain the individual only until proper authorities arrive to assist or assess the situation.
Legal Warning (Penal Code (1)13. Kidnapping)): Personnel are prohibited from holding or detaining any person by force unless the criteria for a legal Citizen’s Arrest are met. Improperly detaining a person for purposes other than a legitimate arrest may be investigated as False Imprisonment or Kidnapping.
Pat-Down for Weapons: If a guard has a reasonable suspicion that a detained subject is armed and poses a danger, a "Terry Frisk" (pat-down of outer clothing) is authorized for safety purposes only.
Search Incident to Detention: Guards shall not search through pockets, bags, or wallets unless the subject gives explicit consent or there is an immediate threat (e.g., reaching for a weapon).
Evidence: Any items found (weapons, stolen property) should be secured and handed directly to Law Enforcement. Do not "confiscate" items for personal use or department storage.
"Security personnel are NOT Law Enforcement Officers. Our authority is derived from property owner rights and citizens' arrest statutes. Always prioritize Law Enforcement arrival for high-risk apprehensions."