Oklahoma Process Servers, Private Investigators, Security Guards, and Bodyguards Should Take Careful Precautions When Arresting a Suspect
There are times when many Oklahoma process servers, private investigators, security guards, and bodyguards will have to make an arrest at some point in their professional careers. While working in these capacities, these individuals need to know when they can arrest someone and how to properly do so. Having this knowledge will not only protect process servers, private investigators, security guards, and bodyguards and their clients protected from legal ramifications, but will also help ensure their safety and that of their client as well.
Firstly, it is noteworthy to mention that the aforementioned individuals have the same authority to arrest someone as any other private individual does. This type of arrest power is commonly called a “citizen’s arrest” and is not as extensive in the scope and authority as that of a law enforcement official (i.e., police officer, Federal Bureau of Investigation agent, etc.). However, only having a citizen’s arrest authority also comes with special perks, as no citizen of the United States is ever legally obligated to actually arrest another human being. Of course, whether or not Oklahoma process servers, private investigators, security guards, and bodyguards believe they have a moral obligation is up to their own conscience.
Before any process server, private investigator, security guard, or bodyguard decides to make an arrest, there are several requirements that must first be met. These professionals, much like any other citizen, may only arrest another individual if a perpetrator has committed one or more of the following acts:
a) The person has committed or has attempted to commit a public offense in their presence.
b) The perpetrator has committed a felony, even though it was not in the presence of a process sever, bodyguard, private investigator, or security guard.
c) The process sever, bodyguard, private investigator, or security guard knows that someone has committed a felony, and he or she has reasonable cause to believe that the person he or she is arresting is the one who committed it.
Before making an arrest, it is important for security guards and bodyguards to try to call for backup. Having another security guard or bodyguard, etc., there to assist makes matters much easier. Having a “two on one” confrontational situation is usually so much easier than having a one-on-one scenario, provided there are more security guards than perpetrators. It is important to put the odds during any potential combat setting in favour of the security guard, bodyguard, private investigator, process server, etc.
Once one of these legal standards has been met and backup has either already arrived or is at least hopefully on the way, the process sever, bodyguard, private investigator, or security guard must then search the individual for weapons and contraband. An arrest is a serious matter, and if the perpetrator has weapons or something else that could cause harm, they need to be taken away. Of course, this begs the question, “How does one conduct a search?”
Oklahoma process severs, bodyguards, private investigators and security guards should, if possible, try to have someone of the same gender try to search the individual whenever possible. However, if no one is available, then someone of the opposite gender should conduct the search. This means that a male may have to search a female or a female will need to do a full search of a male.
Conducting a full body search might lead someone to think, “Oh. Giggle, giggle. I have to touch his or her groin or breast area?” Yes, of course! A perpetrator can easily hide weapons and other dangerous contraband items in a bra, around the groin area, in the butt crack, and more. It is nothing to laugh about; rather, it is something that all professionals should take seriously. There are countless stories of law enforcement officials who have missed guns and other dangerous items when searching people they arrested, and that has placed everyone else – even the perpetrator – at great risk. Besides, the suspects an Oklahoma process sever, bodyguard, private investigator, or security guard has to arrest are not the types of individuals one would want to spend time feeling those “areas” anyway. Individuals placed under arrest are often intoxicated, smell bad, are combative, etc.
When conducting the search, an Oklahoma process sever, bodyguard, private investigator, or security guard should make sure to do a “rub down” and not a “pat down” of the areas. Pat downs are seen on television too often, and they can cause professionals to miss very important items (i.e., a gun, knife, etc.). Also, it is important that “prolonged” rub downs of the groin, bottom, and breast areas – or any area for that matter – is highly inappropriate. The rub down to check for weapons and contraband should be done efficiently and effectively, and a process sever, bodyguard, private investigator, or security guard should never force the individual to strip off his or her clothes.
In the event that the person doing the searching finds money, drugs, weapons, etc., they must be turned over to the police or magistrate right away. Keeping these items is not only illegal, but it is highly unethical and will expose both the professionals and their clients to civil and criminal liability. Besides, if the person making the arrest only turns around and keeps the items, then how much better is he or she than the person who just got placed under arrest?
It is also important for professional Oklahoma process severs, bodyguards, private investigators, and security guards to know when and how to put the handcuffs onto an individual. Depending on the situation, this may need to occur before or after a search of the individual. When placing the handcuffs onto a perpetrator, there are several key factors to keep in mind which can save the life of the person making the arrest and help ensure that justice is served in a timely manner.
All too often we see people under arrest who have their handcuffs gently placed onto their wrists, while the arms, wrists, etc., are out in front of the perpetrator. The biggest danger this poses is that the perpetrator can slip out of the handcuffs, so they need to be on the suspect’s wrists securely but not to where they will leave unnecessary marks or cause undue pain. This is not the only consideration, however.
Before actually putting the handcuffs onto a perpetrator, a process sever, bodyguard, private investigator, or security guard needs to make sure that the person’s wrists are turned outward. When done correctly, this makes it extremely difficult for a suspect to try to escape or put the handcuffs around the professional’s neck and try to strangle him or her. Also, by applying a bit of pressure to only one wrist that is handcuffed and turned outward, the arresting individual can cause great pain and thus easily subdue someone who becomes combative during the arrest process.
It is also vital that professionals take great care to handcuff both wrists of a suspect. If only one wrist is handcuffed, then the perpetrator can easily use it as a vicious weapon against the person making the arrest. Thus, in this situation handcuffs can become much more of a liability than a help. Always consider that the person being placed under arrest is potentially dangerous and is likely to want to cause harm.
Another important factor to consider is whether it is best to place the handcuffs on the suspect’s wrists to where both hands are either behind the perpetrator’s back or out in front of his or her body. As a general rule of thumb, most law enforcement officials arresting suspects have them place their hands behind their backs – and for a good reason. Simply put, a suspect with his or her hands behind his or her back with handcuffs on has a much more difficult time causing trouble. This is why it is advisable for people making an arrest to have the perpetrator place his or her hands behind his or her back while getting handcuffed.
Once the Oklahoma process sever, bodyguard, private investigator, or security guard has searched and arrested the suspect, they must then be turned over to a local magistrate or police officer without delay. Hence, calling the police or having someone else do so before making the arrest, if possible, is essential. Under Oklahoma’s laws, private citizens making a citizen’s arrest do not have to read a suspect his or her Miranda Rights. Besides, if Oklahoma process severs, bodyguards, private investigators, and security guards said such things as, “You have the right to an attorney,” who is that person indicating is going to pay for it? The process server? The security guard? The bodyguard? The armed private investigator? One would certainly hope not!
Until the suspect is in the custody of the police, magistrate, etc., he or she is the prisoner per se of the arresting Oklahoma process sever, bodyguard, private investigator, or security guard. It is important to ensure that the perpetrator does not try to escape, attempt suicide, etc., while he or she is in your custody. There are a few helpful things a process sever, bodyguard, private investigator, or security guard can do while waiting for law enforcement officials to arrive, which may greatly help with the legal process later on.
While waiting for the police or magistrate to arrive, it is sometimes helpful for a process sever, bodyguard, private investigator, or security guard to try to be the “good cop” to or “buddy” of the suspect. Sometimes getting the suspect a cup of coffee or something else to drink can help put the perpetrator at ease. Doing so can sometimes help the suspect open up a bit more.
Asking such questions such as, “So, why did you break into the house and steal the television?” and writing down that information can provide much useful evidence for the police and prosecutors. Getting the person to sign underneath the perpetrator’s responses to such questions he or she has provided to a process sever, bodyguard, private investigator, or security guard is a signed confession! Taking the nice, personable angle of “just wanting to get everything correct” can come in quite handy when law enforcement officials arrive. It is important to remember that not all suspects will want to proffer any information and are not always so eager to talk, but it never hurts to try.
Even if a suspect does provide information after having been placed under arrest, process severs, bodyguards, private investigators, and security guards need to make sure to write down all of the events and factual information in a small notebook, while they are fresh in their minds. Trying to recall events later on – especially if required to take the witness stand – can be much more difficult months or even years down the road, as people can forget what happened. Also, professionals should remember that their notebook and any information contained therein can be subpoenaed and used later on in the courtroom as evidence.
Having said all of this, it is best to leave most arrests up to law enforcement officials. This not only takes the potential criminal and civil liability off of the non-law enforcement professional, but it often makes the situation easier on all involved. Besides, a company who hires a security guard may have a written policy directing their security guards not to make arrests.
Either way, an armed or unarmed Oklahoma security officer who works for a company and makes an arrest should have a written copy of his or her post orders on hand at all times. This way the company cannot ever come back and say, “Well, we certainly didn’t tell _______ [insert security guard’s name here] to arrest anyone.” It is always important for security guards, private investigators, bodyguards, and even process servers to cover their own butts (CYOA!).
Process severs, bodyguards, private investigators, and security guards can often do a plausible job when making an arrest. By following the aforementioned guidelines and tactics, they will likely experience greater success while performing their duties. No job is worth getting seriously injured over. Making an arrest outside the scope of a security guard’s or bodyguard’s lawful authority or some other mistake, even if inadvertently, can cause problems for everyone. It is extremely important to stay safe, follow the laws, and always remain professional. Please contact the experts at Oklahoma Judicial Process Servers at www.OklahomaJudicialProcessServers.com today!
