Private Security Phase 4—Shotgun Lesson 6: Legal Issues

Felony vs. Misdemeanor Felony Major crime Is or may be punishable by fine, imprisonment, death Misdemeanor—Every other, less serious crime

Arrest Powers Same as private citizen No special power or obligation to arrest May arrest: For public offense in your presence When felony committed, not in your presence When felony committed and reasonable cause Must inform person being arrested of the cause of the arrest Take before magistrate or to peace officer without delay Take away offensive weapons Minimum amount of force

Security Officers and Carrying Firearms—Oklahoma Limited to “on duty” only No statutory authority to be armed while traveling to or from post Face same restrictions “off duty” as all other citizens—license grants no authority to carry firearms while “off duty” or “on call”

Oklahoma State Statutes Weapons in place where beer and liquor are consumed—Section Possession of firearm or weapon on school property—Section Firearms in motor vehicles—Section Carrying firearms while under influence of alcohol—Section

Oklahoma State Statutes Reckless conduct—Section Pointing weapons—Section

Deadly Force Most critical decision Loss(es) of life, liability issues Decision in seconds, debate for years Authorities that govern use of deadly force: Federal (case) law Oklahoma state law Individual agency policies

Federal (Case) Law Tennessee v. Garner, 471 U.S. 1, 1985 Supreme Court ruling in 1985: Tennessee state law unconstitutional More restrictive guidelines issued

Federal (Case) Law “Serious physical harm” means: Large, gaping wounds Major broken bones Damage to internal organs Must have Ability + Intent + Action Warning required if time permits and situation warrants

Oklahoma State Law Justifiable Homicide by Officer—Title 21, Section 732 Justifiable Homicide by Any Person—Title 21, Section 733

Self-Defense Deadly force a last resort, to Protect yourself or other innocent person, from Death or serious bodily harm. Must have Ability + Intent + Action

Apprehending Violent Fleeing Felons As a last resort, to Effect the arrest of a fleeing felon, but only When you have probable cause, and When some warning has been given.

General Guidelines Request guidance from your employer No rule/procedure will cover every situation Any decision to use deadly force may invite a lawsuit—against you and your employer No decision or action you take will be more serious

Questions?

Acknowledgments Thanks to X for demonstrating the skills shown in this presentation, and to Randy Kirk, CIMC, for taking the photographs. This presentation must be used in conjunction with the Private Security Phase 4—Shotgun curriculum from the CIMC.