CPO Legal Aspects & Ethics in Security 5 — Questions and Answers
Question 1: Before asking a trespasser to leave and using force to remove them, an officer should generally first:
- Strike the person to establish control
- Give a clear request to leave and a reasonable opportunity to comply (Correct answer)
- Call the media
- Confiscate their phone
Correct answer: Give a clear request to leave and a reasonable opportunity to comply
Removal of a trespasser normally requires notice to leave and a chance to comply before only reasonable force is used.
Question 2: Which statement best describes the difference between a crime and a tort?
- A crime is a wrong against society prosecuted by the state; a tort is a civil wrong against an individual remedied by damages (Correct answer)
- They are the same thing
- Torts are punished with prison; crimes only with fines
- Crimes apply only to private security
Correct answer: A crime is a wrong against society prosecuted by the state; a tort is a civil wrong against an individual remedied by damages
Crimes are prosecuted by the government for punishment, while torts are private lawsuits seeking compensation, and one act can be both.
Question 3: An employee voluntarily consents to a search of their locker. What makes consent valid?
- It is given under threat of termination for refusing to sign anything
- It is given freely and voluntarily by someone with authority over the area (Correct answer)
- It is assumed if the employee says nothing
- It is given by any coworker
Correct answer: It is given freely and voluntarily by someone with authority over the area
Valid consent must be voluntary and given by a person with actual or apparent authority over the place searched.
Question 4: Inaccurately adding facts to an incident report to support a detention is:
- Acceptable if the suspect was probably guilty
- Unethical and may constitute falsification of records (Correct answer)
- Required by most post orders
- Permitted if a supervisor approves
Correct answer: Unethical and may constitute falsification of records
Reports must be factual and complete; adding false details destroys credibility and can be a crime.
Question 5: Federal law prohibiting employment discrimination based on race, color, religion, sex, or national origin, which applies to security employers, is:
- Title VII of the Civil Rights Act of 1964 (Correct answer)
- The Patriot Act
- The Clery Act
- HIPAA
Correct answer: Title VII of the Civil Rights Act of 1964
Title VII bars employers with 15 or more employees from discriminating on these protected characteristics.
Question 6: A property owner who knows of repeated assaults in its parking lot but provides no added security may be liable under which theory?
- Premises liability for foreseeable criminal acts (Correct answer)
- Strict liability for ultrahazardous activity
- Defamation
- Entrapment
Correct answer: Premises liability for foreseeable criminal acts
Owners owe invitees reasonable care against foreseeable criminal acts, and prior similar incidents establish foreseeability.
Question 7: An officer receives a subpoena to testify about an incident. The proper response is to:
- Ignore it if the officer was off duty
- Comply, notify the supervisor, and review notes and reports before testifying (Correct answer)
- Destroy personal notes
- Discuss expected testimony with the opposing party
Correct answer: Comply, notify the supervisor, and review notes and reports before testifying
A subpoena is a court order requiring appearance; officers should notify their employer and prepare by reviewing their documentation.
CPO Legal Aspects & Ethics in Security 5
Before asking a trespasser to leave and using force to remove them, an officer should generally first: