Legal Authority and Jurisdiction Flashcards

A security officer uses excessive force while detaining a trespasser, causing injury. The officer may be charged with:

Answer: Assault and battery

Excessive force during a detention can result in criminal charges of assault and battery, as well as civil liability for the injuries caused.

Under most state laws, a private security officer has the authority to arrest without a warrant when:

Answer: A felony has been committed in the officer's presence

Most state citizen's arrest statutes permit arrest without a warrant when a felony is committed in the officer's presence.

Which of the following actions by a security officer could constitute a civil rights violation under 42 U.S.C. § 1983?

Answer: Discriminating against a patron based on race while acting under color of law

Section 1983 allows civil suits against persons acting 'under color of law' who violate constitutional rights, which can apply to contracted security at government facilities.

A security officer who detains someone without legal justification may be liable for the tort of:

Answer: False imprisonment

False imprisonment is the unlawful restraint of a person against their will without legal authority or justification.

When state law and company policy conflict regarding the use of force, a security officer should:

Answer: Follow state law, as it is the governing legal standard

State law sets the minimum legal standard; company policies cannot authorize actions that violate state law, though they may be more restrictive.

Which principle limits a security officer's use of force to the minimum amount necessary to accomplish a lawful objective?

Answer: Proportionality

The proportionality principle requires that the level of force used must be proportional to and no greater than the threat presented.

A security officer working at a public university is more likely to be held to constitutional standards than one at a private company because:

Answer: The public university is a government entity, making the officer a state actor

Security officers at public (government) institutions may be considered state actors, making their conduct subject to constitutional constraints like the Fourth and Fourteenth Amendments.