Registration and training in New York
The Security Guard Act of 1992, in Article 7-A of the General Business Law, requires security guards to be registered and trained. Guards register with the New York Department of State. Training courses are given at approved security guard training schools.
| Course | Length | When |
|---|---|---|
| Pre-assignment training | 8 hours | Before your first assignment |
| On-the-job training | 16 to 40 hours, as set by the state | Within 90 working days after starting work |
| Annual in-service training | 8 hours | Every year |
| Firearms training (special armed guard registration card) | 47 hours | Before armed work |
| Extra annual in-service for armed guards | 8 hours | Every year, on top of the regular 8 hours |
Some peace officers and retired police or peace officers are exempt from parts of the training. The details are in General Business Law section 89-n.
The 8-hour pre-assignment course
Under 9 NYCRR 6027.3, the course must be given at an approved school by a certified instructor. It should be done in one 8-hour session, but it may be split into two 4-hour sessions within 7 days.
| Topic | Minimum time |
|---|---|
| Introduction | 1/4 hour |
| Role of a security guard | 1 1/4 hours |
| Legal powers and limitations | 2 hours |
| Emergency situations | 1 hour |
| Communications and public relations | 1 hour |
| Access control | 1/2 hour |
| Ethics and conduct | 1 hour |
| Review and examination | 1 hour |
The review and examination period comes after all topics are taught. Because legal powers and limitations has the most time, expect many questions on what a guard may and may not do.
Legal powers and limitations
A security guard in New York has the same arrest powers as any private person. Your main job is to observe, deter and report.
Guards protect mainly by watching, being seen and reporting to the right people.
- Observe: watch people, places and activity carefully
- Deter: a visible, alert officer discourages crime
- Report: pass on what you see by radio, phone or written report
Citizen's arrest
Under Criminal Procedure Law section 140.30, a private person may arrest someone:
- For a felony, when the person has in fact committed that felony.
- For any offense, when the person has in fact committed it in the private person's presence.
The words "in fact" matter. If the person did not actually commit the offense, the arrest may be unlawful even if you believed they did. Under section 140.35, you must deliver the person to a police officer without unnecessary delay, and tell them why they are being arrested unless they resist, run or the reason is already clear.
Force
Penal Law section 35.30 lets a private person use physical force, but not deadly physical force, when and to the extent they reasonably believe it necessary to make an arrest or prevent escape, and only if the person in fact committed the offense.
Any force must be reasonable for the situation and must stop when the need ends.
- The threat faced
- Whether force was needed at that moment
- Proportionality: force in balance with the threat
- Other options that could have been used
- The aftermath and the duty of care
Shoplifting and trespass
General Business Law section 218 protects retail merchants and their agents from false arrest claims when they detain a suspected thief on reasonable grounds, in a reasonable manner and for a reasonable time. Under Penal Law section 140.05, a person commits trespass by knowingly entering or remaining unlawfully on premises. Trespass is a violation.
On duty: emergencies, communication and ethics
The rest of the pre-assignment course covers the everyday parts of the job. These topics are short in the course, but they come up on every shift.
Emergency situations
- Fire: raise the alarm, call 911 and guide people to the nearest safe exit. Do not use elevators.
- Medical: check that the scene is safe, call 911 and send someone to meet the ambulance.
- Bomb threats and suspicious packages: do not touch the item, move people away and follow the site plan.
- Active threat: follow the federal advice to run, hide or, only as a last resort, fight.
In an evacuation, guards help people move to the exits and the assembly point and help account for everyone.
- The alarm sounds
- Help people who need assistance
- Leave by the nearest safe exit
- Go to the assembly point
- Count everyone and report anyone missing
Communications, access control and ethics
- Keep radio messages short and clear, and use the phonetic alphabet to spell names and plate numbers.
- Use clear, polite language with the public. Good public relations prevents many problems.
- Control access by checking IDs and following the site's procedures for every visitor.
- Act honestly, keep information confidential and never accept gifts to ignore problems.