Podcast
Questions and Answers
What is the primary objective of enforcing rules and regulations on the property?
What is the primary objective of enforcing rules and regulations on the property?
What is the primary responsibility in ensuring everyone on the premises adheres to the client’s program?
What is the primary responsibility in ensuring everyone on the premises adheres to the client’s program?
What is the foremost and most effective way to achieve the objective of safety and security on the premises?
What is the foremost and most effective way to achieve the objective of safety and security on the premises?
What is the procedure for law enforcement officers when an individual is charged or taken into police custody?
What is the procedure for law enforcement officers when an individual is charged or taken into police custody?
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What should Security Guards do in the case of a significant crime or arrest?
What should Security Guards do in the case of a significant crime or arrest?
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What should be done if there is uncertainty about a person’s age when reading the Rights to Counsel?
What should be done if there is uncertainty about a person’s age when reading the Rights to Counsel?
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Which type of tort involves accidentally causing harm or damage due to negligence?
Which type of tort involves accidentally causing harm or damage due to negligence?
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What doctrine allows injured parties to seek proportionate contribution from negligent parties?
What doctrine allows injured parties to seek proportionate contribution from negligent parties?
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In a security guard scenario, what is vital in determining actions falling within the scope of employment?
In a security guard scenario, what is vital in determining actions falling within the scope of employment?
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What specific precautions are taken when detaining a subject in a car on private property?
What specific precautions are taken when detaining a subject in a car on private property?
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When can a security guard release a subject after arrest?
When can a security guard release a subject after arrest?
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What types of cases are typically handled in small claims court?
What types of cases are typically handled in small claims court?
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What is the primary difference between negligence and gross negligence?
What is the primary difference between negligence and gross negligence?
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In what circumstances can police make an arrest without a warrant, according to Section 495(2) of the Criminal Code?
In what circumstances can police make an arrest without a warrant, according to Section 495(2) of the Criminal Code?
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What is the most relevant consideration for security guards when justifying an arrest or use of force?
What is the most relevant consideration for security guards when justifying an arrest or use of force?
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What is the difference between negligence and gross negligence?
What is the difference between negligence and gross negligence?
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What are the intentional torts that apply to use of force by security guards?
What are the intentional torts that apply to use of force by security guards?
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What emphasizes factors for justifying an arrest without a warrant?
What emphasizes factors for justifying an arrest without a warrant?
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Study Notes
Use of Force by Security Guards and Justification in the Criminal Law
- Negligence is failure to exercise reasonable care, while gross negligence demonstrates extreme recklessness.
- Assault, battery, and false imprisonment are intentional torts that apply to use of force by security guards.
- The scenario involves a security guard, Mike, using force against a customer, Sarah, without legal justification.
- Sarah files a lawsuit against Mike for assault, battery, and false imprisonment.
- The scenario illustrates the need for security guards to use force based on reasonable grounds and justified by law.
- Tucker v. Cadillac Fairview Corp. O.J. No. 2921 emphasizes factors for justifying an arrest without a warrant.
- Section 495(2) of the Criminal Code outlines circumstances where police can make an arrest without a warrant.
- Factors for justifying an arrest include the level of force employed and the importance for public well-being.
- Reasons for searches by police officers and security guards vary based on urgency of the situation.
- Security guards need to exercise diligence to ensure any arrest meets minimum standards outlined by relevant tests.
- The most relevant considerations for security guards typically involve identifying a subject in relation to a trespass offense and preventing the ongoing commission of that offense.
- Security guards are responsible for justifying any arrest or use of force and must align with the principle of duty of care.
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Description
Test your knowledge of security guard procedures, legal considerations, and the use of force. Explore topics such as limitations on phone access, detaining individuals, legal justifications for use of force, and factors for justifying arrests. Learn about negligence, intentional torts, small claims court procedures, and more.