search and seizure authority in an arrest

search and seizure
security guard conducting the body search

Basic security guard training Unit 3 Lesson (C)

A security guard or police officer can conduct a search after making an arrest. But there are so many law aspects should consider before conducting the search.

everybody has right against unreasonable search and taken any personal property away from them. The power of search and seizure based on the law and tied with the power of arrest.

Even though the security guard refers to a peace officer in the court hearing the principles apply for anyone in terms of the arrest. If you believe the detainee has some evidence which relates to the incident. You are not permitted to conduct the search and seize any item from him or her without permission.

General permission should seek from the arrested person for a search. If you make a search against the underage person it can be the deadliest blow for your career which may lead you to the prison instead of the accuse.

A security guard has a right as a general public for a search. The law has granted anyone the right to search to prevent injury to the person making an arrest. So, you should be cleared that the search and seizure procedure only can apply to disarm the accused.

Some laws suggest the evidence which supports the charge of the arrested person should be searched and seized. Because waiting till the police arrive the evidence can destroy or remove from them.

The evidence you search must relate to the case if you search for the things which do not make sense of the incident. That is an unreasonable search and violates the person fundamental rights cause of that you may liable to attend the court if the person uses against you.

In some condition a security guard you are allowed a search;
  1. If you believe that the person has a weapon or the things that could use as a weapon.
  2. If you believe the arrested person has a tool of escape or things that could use as a tool of escape.

The search cannot be an excuse for the security guard to discovery the items which do not have any relation with the charge. So, always respect personal rights and try to gain cooperation before going for a search.

Generally, the court will look at the circumstances to see the searching these items are in reasonable ground or not. Without the person consent, you have no right to seize other property even though for the safekeeping purpose.

Consequences of unreasonable search.

A security guard who conducts an unreasonable search can be subjected to the company disciplinary proceeding. The reason for that he or she may suspend for the work or even losing the job.

Security guards can be liable for damage for false imprisonment. The criminal or civil law may involve against you if the arrested party is injury or the use of force is excessive when arresting them.

The search and seize is a sensitive legal issue you must aware of it. When you search be sure the person has a weapon and the use of force must be reasonable and not excessive. The last and important thing is that accuse has committed the crime.

  • Police are allowed to search and take certain items they find off of them and put in safekeeping
  • A security guard should make sure they are aware of their company policy on the searching arrested person
  • Search should only be conducted if there is suspicion an arrested person has a weapon
  • If any items are seized as a result of a search, it should submit to the police.
  • The search and seizure procedure is directly related to the arrest.

All lessons are designed to tend to make a professional security guard for the trainees. If you want to complete the full course just visit our training section.

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