Lesson 1: What force means for a guard
Force is any physical action used to control another person, from a hand on an arm up to deadly force. A guard has no special power to use force. In general, you rely on the same laws as any private person.
Even a small touch can have big results. California's official guard manual gives the example of a guard who grabs a person's arm during a detention that was not justified. That can lead to a battery claim.
Deadly force
Each state defines deadly force in its own words. New York Penal Law 10.00, for example, defines deadly physical force as force that, as it is used, is readily capable of causing death or other serious physical injury. Check how your own state defines it.
Lesson 2: The reasonable force test
California's guard manual says force must be not excessive and no more than is reasonable and necessary to overcome the resistance you face. If a person submits willingly, no force is necessary. So when the resistance stops, the force should stop too.
The manual also explains the Supreme Court case Graham v. Connor (1989). Under it, force is judged from the view of a reasonable person on the scene, not with hindsight, looking at all the facts. The case directly governs peace officers, but it is a useful way for guards to think about force.
Questions a court may ask
- What threat did the person really pose?
- Was the person resisting, or already calm?
- Could the guard have stepped back or waited for police?
- Did the force stop when the threat ended?
Lesson 3: Self-defense and the duty to retreat
Every state lets people defend themselves and others, but the details differ. New York Penal Law 35.15 allows physical force when you reasonably believe it is needed to defend against the use or imminent use of unlawful physical force.
A person who starts a fight usually cannot claim self-defense. Under PL 35.15, the only way back is to withdraw, make that clear, and then face continued unlawful force from the other person.
Retreat rules differ by state
| State | Duty to retreat before deadly force |
|---|---|
| New York (PL 35.15) | Yes, if you know you can retreat with complete personal safety (not required in your own home if you did not start it) |
| Florida (776.012) | No, if you are not engaged in criminal activity and are in a place where you have a right to be |
Lesson 4: Protecting property and making arrests
Guards protect property, but the law values life far more than things. California's guard manual says deadly force is allowed only to protect lives. Shooting someone to protect property is excessive force.
- New York (PL 35.20): non-deadly force may be used to stop a crime that damages premises or a criminal trespass. Deadly force is never allowed for trespass alone. It is allowed only in narrow cases: to stop arson, or a burglary of a dwelling or occupied building.
- Florida (776.031): force other than deadly force may be used to stop a trespass on property (other than a home) that is lawfully in your possession, if you reasonably believe it is needed. Deadly force is allowed only to prevent the imminent commission of a forcible felony.
- California (PC 490.5): a merchant or its agent may use a reasonable amount of non-deadly force to detain a suspected shoplifter.
Force during a citizen's arrest
New York Penal Law 35.30(4) lets a private person use non-deadly force to make an arrest only when the person in fact committed the offense. A reasonable belief is not enough. If you are wrong, the force is not justified.
Lesson 5: Weapons permits and de-escalation
Carrying any weapon on duty needs extra state approval and training. Examples:
| State | Rule |
|---|---|
| 加利福尼亚州 | A firearm needs a separate BSIS firearms permit. A baton needs baton training from a Bureau-approved facility. |
| 得克萨斯州 | A security officer needs a security officer commission to carry a firearm on the job. A commissioned officer (other than a personal protection officer) must wear a distinctive security uniform, with the firearm in plain view (Occupations Code 1702.161 and 1702.169). |
De-escalation
California law requires guard use-of-force training to cover de-escalation methods that use time, distance, cover and concealment. Slowing down and keeping space gives an angry person time to calm down. It also gives you time to call for help.
California guards must also complete 8 hours of training every year, including at least 2 hours reviewing appropriate use of force.
Lesson 6: After force is used
Your first duty after any use of force is the safety and health of everyone involved. California's manual says the right response to a medical emergency is almost always to call 911.
Positional asphyxia
A National Institute of Justice (NIJ) bulletin describes positional asphyxia: death caused by a body position that interferes with breathing. Risk is higher after a violent struggle, with drugs or alcohol, and when a person is held face down on the stomach.
- The NIJ advises never sitting on a person's back.
- Do not leave a person face down. The NIJ advises moving them off their stomach right away.
- Watch their breathing closely.
- If they say they cannot breathe, or they stop responding, get emergency medical help immediately.
Report and accountability
Write a full, honest report soon after the event: what the person did, what you did, and any injuries. Excessive force can lead to criminal charges, and both you and your employer can be sued.
资料来源
- BSIS: Power to Arrest and Appropriate Use of Force training manual
- BSIS: Security Guard Training Requirements
- BSIS: Security Guard Fact Sheet
- New York Penal Law 10.00 (definitions)
- New York Penal Law 35.15 (defense of a person)
- New York Penal Law 35.20 (defense of premises)
- New York Penal Law 35.30 (force in making an arrest)
- Florida Statutes 776.012 and 776.031
- Texas DPS: Private Security statutes and rules (Occupations Code Chapter 1702)
- National Institute of Justice: Positional Asphyxia, Sudden Death (1995)