Exam (elaborations)
Powers to Arrest - GC (1).
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Powers to Arrest - GC (1).
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Powers to Arrest - GCPeace Officers - CORRECT ANSWER-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.
Security Guard/Proprietary Private Security Officer - CORRECT ANSWER-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. But it would not include other offenses such as motor vehicle
traffic violations or prostitution. This decision is at the discretion of the security
guard's, PPSO's, PI's or ACE's employer.
Fact - CORRECT ANSWER-what has actually happened, or is known to be true.
Conclusion - CORRECT ANSWER-a judgement or opinion formed as a result of
the facts.
Inspection - CORRECT ANSWER-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 work day by looking into employees' cars, lunch pails, purses, or
tote bags to make sure unauthorized items are not being taken off the premises.
Arrest - CORRECT ANSWER-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).
Criminal Liability - CORRECT ANSWER-criminal penalties that can be imposed
for a wrongful act. For example, carrying a loaded weapon concealed in your
jacket is a violation of the Penal Code; the criminal penalty for the offense is a
fine or jail sentence or both.
, Intimidation - CORRECT ANSWER-threatening physical harm or otherwise
frightening people when they do not cooperate or confess to a crime.
Excessive Physical Force - CORRECT ANSWER-where an arrest is made, the
law allows only the use of physical force, which is reasonable or necessary to
restrain the suspect if he/she is 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.
Infractions - CORRECT ANSWER-offenses that are punishable only by a modest
monetary fine. There is normally no jail sentence imposed for committing an
offense, which is 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.
Misdemeanors - CORRECT ANSWER-misdemeanors are offenses that are
punishable by a fine and/or 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 and (2) It must have
taken place (happened) in your presence.
Felony - CORRECT ANSWER-a more serious offense that is 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 and (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 suspect and left at the scene of the crime, or testimonial
evidence such as observations by the security guard/proprietary private security
officer or by other persons which are told to the security guard/proprietary private
security officer in which the suspect was observed committing the crime.
Detainment - CORRECT ANSWER-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.
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