DPSST Arrest, Search & Detention Procedures 2 — Questions and Answers
Question 1: What is the legal term for the unlawful confinement of a person against their will without legal justification?
- Trespass
- False imprisonment (Correct answer)
- Assault
- Breach of peace
Correct answer: False imprisonment
False imprisonment is the unlawful restraint or confinement of a person without legal authority, and security officers can be personally liable for it.
Question 2: Before searching a person's bag at a private venue, the most legally sound practice for a security officer is to:
- Conduct the search immediately upon entry without explanation
- Rely on posted signs and the terms of entry that permit searches as a condition of admission (Correct answer)
- Demand a law enforcement officer be present for all searches
- Require the person to sign a waiver before being searched
Correct answer: Rely on posted signs and the terms of entry that permit searches as a condition of admission
When venue entry terms (posted or ticketed) notify guests that searches are a condition of entry, those searches are generally lawful with implied consent.
Question 3: A detained suspect begins resisting. Which type of force is generally the most appropriate initial response for a DPSST unarmed security officer?
- Immediate takedown technique
- Verbal commands to de-escalate and regain compliance (Correct answer)
- Calling for armed backup before any physical response
- Releasing the suspect to avoid confrontation
Correct answer: Verbal commands to de-escalate and regain compliance
Verbal de-escalation is the first step in the use-of-force continuum and should be attempted before any physical response.
Question 4: When documenting a detention incident, which information is LEAST critical to include in the initial report?
- The suspect's physical description
- The specific behavior or evidence that justified the detention
- The suspect's personal opinion of the officer (Correct answer)
- The time, date, and location of the incident
Correct answer: The suspect's personal opinion of the officer
A suspect's opinion of the officer is subjective and irrelevant to establishing the legal justification for a detention.
Question 5: An unarmed security officer witnesses a felony in progress. Under Oregon citizen's arrest law, the officer may:
- Arrest the suspect only if a sworn officer authorizes it
- Arrest the person who committed the felony (Correct answer)
- Only detain the suspect until a witness can confirm the crime
- Call 911 and take no direct action until police arrive
Correct answer: Arrest the person who committed the felony
Oregon law allows any person, including a security officer, to arrest another for a felony committed in their presence.
Question 6: A security officer searching a detainee's outer pockets discovers what appears to be contraband. What is the correct procedure?
- Confiscate and destroy the contraband immediately
- Preserve the item in place, avoid contaminating it, and document its location for law enforcement (Correct answer)
- Return the item and note it in the report
- Transfer the item to a supervisor's safe for storage
Correct answer: Preserve the item in place, avoid contaminating it, and document its location for law enforcement
Preserving potential evidence without contaminating it and handing it over to law enforcement protects the chain of custody.
Question 7: Which statement about Miranda rights is accurate for DPSST-certified unarmed security officers?
- Security officers must read Miranda rights before questioning any detainee
- Miranda rights only apply to questioning by government agents such as police officers (Correct answer)
- Failure to read Miranda rights voids a citizen's arrest
- Miranda rights must be read once handcuffs are applied
Correct answer: Miranda rights only apply to questioning by government agents such as police officers
Miranda warnings are a constitutional requirement for government (police) interrogations; private security officers are not required to administer them.
What is the legal term for the unlawful confinement of a person against their will without legal justification?