Power to Arrest Scenarios

Power to Arrest: Scenario #1

The officer observes a man remove a case of motor oil from a loading dock he is assigned to protect. When the suspect sees the officer, he drops the case of oil and runs. You shout to him that he is under arrest for petty theft. The suspect is a fast runner and is getting away. What do you do to stop him?

a. Do you use a weapon to stop him?

ABSOLUTELY NOT! Force would not be authorized or even reasonable under these circumstances.

b. Do you run faster and call for assistance?

Yes – this is the appropriate measure considering it is only a misdemeanor and the use of force to stop the suspect would be unreasonable and excessive.

 

Power to Arrest: Scenario #2

You are on duty at a warehouse. While on patrol you hear the sounds of a fight in the back of the warehouse. On approaching, the fight has ended and one person involved in the fight told you he was attacked and hit by the other party and demands he be arrested for assault and battery. What do you do?

a. You arrest the person for assault and battery?

The officer could not make an arrest. This is a misdemeanor not committed in his presence.

b. You call the local police for disposition of the case?

Yes, this would be the appropriate response as the local police have jurisdiction over this matter.

 

Power to Arrest: Scenario #3

You are on patrol of a business complex at night and you observe a male standing next to the administration building. The complex is closed for business. You approach the person to determine his reason for being on the property after-hours. As you approach, you notice he has a large object bulging from underneath his jacket. The male pulls his jacket over the object as you approach him.

What would you do?

a. You ask the person his reason for being on the property and ignore the object under his coat.

The officer is not keeping his safety in mind, as the object could be a weapon the male is attempting to hide from the officer.

b. You advise the person you are going to pat him down for weapons and then conduct the search.

Yes. This would be appropriate considering the suspect’s actions and the fact that a possible weapon is being concealed.

 

Power to Arrest: Scenario #4

Continuing the same scenario as #3 –

The officer conducts the pat down search and discovers the object is not a weapon but a baggie, which he believes, contains marijuana.

What does the officer do?

a. Remove the baggie and arrest the person for possession of marijuana?

This is beyond the authority of the security officer as the search is only authorized for weapons, not contraband. It would be an illegal search and subsequently a false arrest situation.

b. Do not remove the baggie but request the person leave the complex. Then contact local police to report the suspect, description and direction of travel.

Yes. This would be the appropriate response as this goes beyond the scope of the search and the authority of the officer precede any further. The police would be restricted under the same circumstances, as they would have also gone beyond the scope of the Terry Vs. Ohio authorization to search for weapons.

 

Power to Arrest: Scenario #5

You approach a person who is loitering or trespassing. Upon being contacted, the becomes very aggressive and begins to challenge the officer to throw him off the property. The person takes a combative stance and tells the officer to “come on.” Under this circumstance, what should the officer do?

  1. Remain calm.
  2. Avoid getting close to the suspect.
  3. Explain the policy and procedures he is obligated to follow.
  4. Don’t get angry or abusive if the suspect does not comply.
  5. Gain compliance with reason not force.

The Answer: All of the above. Yes, the officer should do all of the above.

Continuing on in scenario #5, following is a sample of what the officer should say to the suspect concerning his trespassing:

“Sir, may I ask your business on this property?”

“Sir, our company policy is that only persons with a business reason may be on this property. The property owner has asked that we request those persons not authorized to please leave. Our requirement is that persons who refuse to leave after being requested to do so, we must contact the police for their assistance.”

“Sir, this is not our desire but should you continue to remain on this property, we must comply with these requirements.”

“Sir, we respectfully request that you leave this facility.”