ASO Legal Authority and Jurisdiction 3 — Questions and Answers
Question 1: A security officer uses excessive force while detaining a trespasser, causing injury. The officer may be charged with:
- Justifiable homicide
- Assault and battery (Correct answer)
- Breach of contract
- Dereliction of duty only
Correct 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.
Question 2: Under most state laws, a private security officer has the authority to arrest without a warrant when:
- The supervisor orders it
- A felony has been committed in the officer's presence (Correct answer)
- The employer requests the arrest in writing
- The suspect has a prior criminal record
Correct 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.
Question 3: Which of the following actions by a security officer could constitute a civil rights violation under 42 U.S.C. § 1983?
- Detaining a shoplifter for 10 minutes
- Discriminating against a patron based on race while acting under color of law (Correct answer)
- Requiring an ID before entry to a private event
- Escorting a trespasser off private property
Correct 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.
Question 4: A security officer who detains someone without legal justification may be liable for the tort of:
- Defamation
- False imprisonment (Correct answer)
- Trespassing
- Conversion
Correct answer: False imprisonment
False imprisonment is the unlawful restraint of a person against their will without legal authority or justification.
Question 5: When state law and company policy conflict regarding the use of force, a security officer should:
- Follow company policy since the employer takes responsibility
- Follow whichever is more lenient
- Follow state law, as it is the governing legal standard (Correct answer)
- Consult the supervisor and act based on their preference
Correct 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.
Question 6: Which principle limits a security officer's use of force to the minimum amount necessary to accomplish a lawful objective?
- Proportionality (Correct answer)
- Deterrence
- Preemption
- Escalation
Correct answer: Proportionality
The proportionality principle requires that the level of force used must be proportional to and no greater than the threat presented.
Question 7: A security officer working at a public university is more likely to be held to constitutional standards than one at a private company because:
- Universities have higher insurance requirements
- The public university is a government entity, making the officer a state actor (Correct answer)
- Private companies are exempt from all laws
- University policies always mirror constitutional law
Correct 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.
ASO Legal Authority and Jurisdiction 3
A security officer uses excessive force while detaining a trespasser, causing injury.
The officer may be charged with: