Legal Powers & Citizen's Arrest
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Citizen's ArrestShopkeeper's PrivilegeGuard LiabilityFalse Imprisonment
Use of Force & Penal Law
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Reasonable ForceDeadly ForceDuty to RetreatDe-escalation
Emergency & Fire Procedures
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Emergency ResponseFire & PASS MethodBomb ThreatsTerrorism Awareness
Patrol, Access & Observation
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Access ControlPatrol & ObservationPost OrdersVisitor Logs
Communications & Public Relations
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Active ListeningDe-escalationLanguage BarriersPublic Relations
Report Writing & Documentation
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Incident ReportsObjectivityEvidence PreservationCourt Testimony
Ethics, Conduct & Registration
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Quick Facts
- Credential
- NYS Security Guard Registration
- Body
- NY DOS / DCJS
- Statute
- GBL Article 7-A
- Pass Score
- 70%
- Format
- School-administered MCQ
- Pre-Assignment
- 8 hours
- OJT
- 16 hrs / 90 days
- Annual Training
- 8 hrs / 12 months
- Registration Validity
- 2 years
- Min Age
- 18 years old
CPL 140.30 Standard
Felony: fact and anywhere; Misdemeanor: presence and county
Felony: actual crime, anywhereMisdemeanor: presence, same county
Security Guard vs Peace Officer
Security Guard
- Private citizen only
- Citizen's-arrest power only
- No qualified immunity
Peace Officer
- Sworn government employee
- Broad arrest authority
- Has qualified immunity
Private vs sworn authority
Citizen's Arrest Decision
- Felony witnessed→Arrest anywhere in NY(CPL 140.30)
- Felony not witnessed→Arrest if actually committed(No presence needed)
- Misdemeanor witnessed→Arrest in that county(Presence required)
- Misdemeanor not witnessed→No citizen's arrest power(Call police instead)
- Suspected shoplifting→Detain under GBL 218(Reasonable grounds needed)
- No crime witnessed→Observe and report only(Call law enforcement)
Citizen's Arrest — CPL 140.30
- Felony standard
- Actually committed, presence not requiredCPL 140.30
- Felony location
- Arrest anywhere in New York
- Misdemeanor standard
- Must occur in guard's presence
- Misdemeanor location
- Only in county committed
- Guard's belief alone
- Not legally sufficient
- After arrest
- Deliver to police promptly
- No probable-cause power
- Guards need actual crime
Felony vs Misdemeanor Arrest
Felony Arrest
- No presence required
- Anywhere in New York
Misdemeanor Arrest
- Presence required
- County of offense only
Presence needed for misdemeanors
Shopkeeper's Privilege — GBL 218
- Reasonable grounds
- Required to detain suspectGBL 218
- Reasonable manner
- No excessive force allowed
- Reasonable time
- Only for investigation
- Concealed merchandise
- Valid reasonable-grounds example
- Anti-theft device
- Valid reasonable-grounds example
- Privilege scope
- Defense only, not immunity
Shopkeeper's Privilege vs Citizen's Arrest
Shopkeeper's Privilege
- Reasonable grounds only
- Detain, then call police
Citizen's Arrest
- Actual crime required
- Formal custody, deliver to police
Detain vs formal arrest
Liability & Guard Limits
- Qualified immunity
- Guards do not have it
- False imprisonment
- Unlawful restraint, no justificationPL 135.05
- Civil liability
- Guard and company both
- Summons power
- Guards cannot issue one
- Search warrants
- Guards cannot obtain them
- False written statement
- Criminal offense if knowing
- Harassment
- Penal Law 240 conductPL 240
Reasonable Force vs Deadly Force
Reasonable Force
- Proportional to threat
- Effects a lawful arrest
Deadly Force
- Imminent death or injury
- Duty to retreat first
Escalation must match the threat
Use of Force Decision
- Verbal conflict only→De-escalate, no force(Always try first)
- Physical threat to guard→Reasonable, proportional force(PL 35.15)
- Imminent death or injury→Deadly force justified(Self-defense only)
- Threat to property only→No deadly force(Never justified)
- Safe retreat available→Retreat before deadly force(Duty to retreat)
- Guard's own dwelling→No duty to retreat(Castle exception)
Use of Force — Penal Law 35
- Reasonable force
- Proportional to the threat
- Deadly force trigger
- Imminent death or serious injury
- Deadly force limit
- Never justified for property
- Duty to retreat
- Required if safely possible
- Retreat exception
- Guard's own dwelling
- Justification
- Complete legal defense
- First response
- Verbal de-escalation always
Fire Extinguisher PASS
Pull pin, Aim base, Squeeze, Sweep side to side
Pull: safety pinAim: base of fireSqueeze: the handleSweep: side to side
Emergency Response Decision
- Small contained fire→PASS extinguisher method(If safe only)
- Uncontrolled fire→Sound alarm, evacuate(Call 911)
- Person unresponsive→Call 911, check pulse(CPR if trained)
- Bomb threat received→Preserve it, call 911(Notify supervisor)
- Gas smell detected→Evacuate, avoid sparks(No elevators)
- Mental health crisis→Stay calm, keep distance(Call for help)
Emergency & Medical Response
- First action
- Call 911 immediately
- CPR
- If unresponsive and not breathing
- AED
- Use if available on-site
- Good Samaritan Law
- Protects good-faith respondersPHL 3000-a
- Unconscious victim
- Do not move them
- Mental health crisis
- Stay calm, keep distance
- Domestic violence call
- Call 911, do not enter
Fire, Bomb & Terrorism Awareness
- PASS method
- Pull, aim, squeeze, sweep
- Small fire
- Extinguish only if safe
- Fire alarm
- Sound it before anything else
- Bomb threat email
- Preserve it, do not forward
- Suspicious photography
- Possible pre-attack surveillance
- Gas leak
- No sparks, no elevators
- Crowd crush
- Redirect flow, open exits
Access Control & ID Checks
- Visitor log
- Tracks entry and exit
- Fake ID
- Deny entry, do not confiscate
- Post orders
- Post-specific written instructions
- Found key or card
- Log it, find the owner
- Concentric circles
- Layered perimeter to interior
- Intrusion detection
- Motion, contact, glass-break sensors
Patrol & Observe-Report Duties
- Deterrence
- Visible uniformed presence
- Core guard role
- Observe, document, report
- Shoplifting cases
- Keep continuous observation
- Evidence found
- Preserve it, do not touch
- Security lighting
- Deters crime, aids cameras
- Shift handoff
- Share outstanding issues
Communication & De-escalation
- Active listening
- Top DCJS communication skill
- De-escalation
- Verbal first, force last
- Language barrier
- Simple words, visual aids
- Public relations
- Builds trust and cooperation
- Confidentiality
- Need-to-know basis only
- Tone
- Calm, professional, respectful
Incident Report 5 W's
Who, what, when, where, and why
Who: parties involvedWhat: happenedWhen: time and dateWhere: locationWhy: cause or context
Report Writing Standards
- Objective tone
- Facts only, no opinion
- Completeness
- Include all relevant details
- Timeliness
- Write it right away
- Court use
- Refreshes memory, becomes evidence
- 5 W's
- Who, what, when, where, why
- False report
- Criminal offense if knowing
Security Guard Training Ladder
8-hr pre-assignment, then 16-hr OJT, then 8-hr annual
8-hr: before registration16-hr: within 90 days8-hr: every 12 months
OJT vs Annual In-Service Training
16-Hr OJT
- Within 90 working days
- One-time requirement
8-Hr Annual In-Service
- Every 12 months
- Recurring requirement
Onboarding vs recurring training
Registration & Training Timeline
- 8-hr pre-assignment
- Required before registration
- 16-hr OJT
- Within 90 working days
- 8-hr annual in-service
- Every 12 months after OJT
- Registration validity
- Two years from issuance
- Renewal window
- File up to 90 days early
- Employer filing
- Within 24 hours of transaction #
- Lapsed 6+ months
- Must reapply as new applicant
DOS vs DCJS
Department of State
- Issues registration cards
- Sets renewal fees
DCJS
- Approves training schools
- Sets curricula
Licensing vs training oversight
Fees & Costs
- Application fee
- $36 to Department of State
- Fingerprint fee
- About $102.50 to IDEMIA
- Renewal fee
- $25 every two years
- Employment status form
- $25 when changing employers
- Total initial cost
- Roughly $190 to $390
Ethics & Professional Conduct
- Integrity
- No bribes, no shortcuts
- Reporting misconduct
- Tell supervisor, document it
- ADA compliance
- No discriminatory procedures
- Workplace violence
- Recognize signs, report early
- Labor disputes
- Stay neutral, keep access safe
- Governing statute
- GBL Article 7-AGBL 7-A
Common Traps
Citizen's Arrest ≠ Police Arrest
Guard needs actual crime ≠ Police needs reasonable cause
Shopkeeper Detain ≠ Formal Arrest
Detain is for investigation ≠ Arrest is formal custody
Reasonable Force ≠ Deadly Force
Reasonable force is proportional ≠ Deadly force needs imminent threat
DOS ≠ DCJS
DOS issues the license ≠ DCJS approves the training
OJT ≠ Annual In-Service
OJT is one-time, 90 days ≠ Annual training repeats every year
Observe-Report ≠ Physical Intervention
Guards document and notify ≠ Guards are not police officers
False Imprisonment ≠ Lawful Detention
No legal basis is false ≠ Reasonable grounds makes it lawful
Last Minute
- 1.70% passing score required
- 2.8-hr pre-assignment before registration
- 3.16-hr OJT within 90 working days
- 4.8-hr annual in-service every 12 months
- 5.Registration valid for 2 years
- 6.Felony arrest: no presence needed
- 7.Misdemeanor arrest: presence plus county
- 8.Deadly force: imminent threat only
- 9.Duty to retreat unless in dwelling
- 10.GBL 218: reasonable grounds, time, manner
- 11.DOS registers; DCJS approves training
- 12.Guards have no qualified immunity
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