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Private Security Laws
There are different licensing requirements and legal authority that govern private security in each state. These differences govern every aspect of behavior that private security must follow. They include training courses as well as registration. Also discussed in this essay is the legal authority of security guards over the legal authority of public law enforcement officers.
The role of any security guard is basically the same in any state. In New York, security has several key functions they must perform so they are able to provide his or her employer with professional protective services. The first task they are responsible for is keeping a certain area secure and free from …show more content…
These requirements came about because of The Security Guard Act of 1992. This Act requires that a person register and receive training before they are allowed employment in the security field. A potential applicant must register with The New York State, Division of Licensing services. The mandated training is overseen by The Division of Criminal Justice Services, Office of Public Safety. The training involves an 8 hours of Pre-Assignment Training course that must be completed before registering with the Department of State for a Security Guard Registration Card. There is an additional 16 hour course has to be completed on the job. Within 90 days, this training must be completed on the job. Every year an 8 hour In-service Training Course must be completed so the security guard is able to continue employment. For armed guards there are different requirements that are acceptable for employment. They must possess a valid NYS pistol license and also complete 47 hour Firearms Training Course for Security Guards. This must occur before they apply for a Special Armed Guard Registration Card. After completion of the 47 hour firearms course, the guards must complete an additional 8 hour training course annually to continue employment. Special provisions are given to law enforcement for their training and experience (New York State Division of Criminal Justice Services, …show more content…
Security guards in NYS have the same legal authority as that of a private citizen. Arrest procedures will depend on the policies and legal rules of the employer they work for. The power of arrest is very different for a security than it is for a law enforcement officer. Security guards have certain criteria that must be met before they are allowed to make a citizen’s arrest. The first criteria is the offense must have actually happened and the person making the arrest must have seen the offense occur. Belief or probable cause is not good enough for a security guard to make an arrest. Law enforcement officer’s power of arrest is quite different. They must show only probable cause that a crime has occurred and there is no need for the officer to witness the crime. It is easier for police officers to make an arrest than it is for a security guard. The security guard must then contact law enforcement after arrest so they can complete the judicial process (Radiant Training,