PURPOSE: This rule establishes the arrest powers of a licensed security officer. These powers are in effect only while the licensed security officer is in the area designated by his/her employer and during the time s/he is assigned to work.
(1) Authority. Private security officers have the authority to make an arrest and to search for and seize evidence in connection with the arrest, at the location and during the time of their assignments, under the same conditions as members of the police force of the City of St. Louis—
- (A) In all instances of felonies, misdemeanors and city ordinance violations committed in the presence of the officer;
- (B) During an attempt to commit a felony or misdemeanor;
- (C) For an offense not committed in the presence or view of the security officer when s/he has probable cause to believe that the offense was committed by the person s/he is arresting; and,
- (D) Off his/her licensed premises when in hot pursuit for an on-view felony is involved. (An on-view felony offense is an offense the security officer sees committed.)
- (E) The authority granted private security officers is limited to designated areas only, and does not include such services as bodyguard, escort, process servers or investigative service for lawyers engaged in criminal or civil activity. Operators of security agencies engaged in security service should be aware of these restrictions and the consequences of a violation. Involvement in those activities could result in the suspension or revocation of the private security officer’s license by the board of police commissioners.
(2) Arrests. An arrest is made by the actual restraint of the defendant or by his/her submission to the authority of the private security officer.
- (A) No more force is to be used than necessary for overcoming resistance and only the minimum force necessary to effect an arrest is permissible.
- (B) The arrest authority for private security officers is established by the board of police commissioners under section 84.340, RSMo granting the board authority to regulate and license all private security personnel.
AUTHORITY: section 84.340, RSMo 1986.* Original rule filed April 8, 1988, effective July 11, 1988.
*Original authority: 84.340, RSMo 1939.