■■ topic paper – police practices

…. Police (noun): full OED dictionary entry

In later use esp. in public police.

c1450 (▸c1440) S. Scrope in tr. C. de Pisan Epist. of Othea (Longleat) (1904) 3 He exercisyd his knyghtly labowris..in gretepolice vsyng, as of grete cowneseylles and wysdomys.

▸a1475 J. Fortescue Governance of Eng. (Laud) (1885) 148 Thies counsellors mowe contenually..comune and delibre..vppon suche oþer poyntes off police.

a1513 J. Irland Meroure of Wyssdome f. 293, in Dict. Older Sc. Tongue at Police, And gif this had cours it wauld trouble all realmes and police.

a1540 (▸c1460) G. Hay tr. Bk. King Alexander 14661 That..he sulde mak sacrefice And for that offerand ordant grete policeThe grete ymage war crovyn of gold fyne.

1568 D. Lindsay Complaynt 403 in Wks. (1931) I. 50 Polyce and Peace begynnis to plant.

1606 in Lett. Eccl. Affairs Scotl. (1851) I. 46 Bothe in the kirk and police.

1640 T. Nabbes Bride i. iii. sig. B4, What more police Could I be guilty of?

c1650 J. Spalding Memorialls Trubles Scotl. & Eng. (1850) I. 297 Hewing doun the plesant planting..to the distroying of goodlie countrie pollice.

1766 J. Entick Surv. London in New Hist. London IV. 208 Assisted by the police and interests of the Roman see.

1777 W. Robertson Hist. Amer. I. i. 24 It was an object of public police, as well as of private curiosity, to examine and describe the countries which composed this great body.

1874 R. Black tr. M. Guizot Pop. Hist. France III. xxviii. 29 The king..forbade the University to meddle in any matter ofpublic police.

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†2. Social or communal organization; civilization. Obs.

1530 J. Palsgrave Lesclarcissement 167 All substantyues endyng in ice be of the masculyne gendre, except justice, justyce;malice malyce, and police, polyce.

1536 Act 27 Hen. VIII c. 42 §1 The knowlege of suche other good letters as in christoned Realmes be expedyent to be lerned for the conservacion of their good pollices.

c1550 Complaynt Scotl. (1979) xvii. 114 Nature prouokit them to begyn sum litil police for sum of them began to plant treis, sum to dant beystis, sum gadthrid the frutis.

1747 T. Carte Gen. Hist. Eng. I. v. 380 Having established an admirable order and police throughout his territories.

1791 E. Burke Let. to Member Nat. Assembly 22 A barbarous nation [sc. the Turks], with a barbarous neglect of police, fatal to the human race.

1820 J. R. Johnson tr. P. Huber Nat. Hist. Ants 2 These insects, whose faculties, police, and sagacity have been, by some authors, as much overrated, as by others not duly appreciated.

1845 B. Disraeli Sybil ii. iii. 119 These hovels were in many instances not provided with the commonest conveniences of the rudest police; contiguous to every door might be observed the dung-heap.

3.

†a. orig. Sc. The regulation and control of a community; the maintenance of law and order, provision of public amenities, etc. Obs.

In Great Britain the word first came into official use in Scotland where on 13 Dec. 1714 Queen Anne appointedCommissioners of Police, consisting of six noblemen and four gentlemen, for the general internal administration of the country. The word was still viewed with disfavour after 1760. A writer in the British Mag., Apr. 1763, p. 542, offers the opinion that ‘from an aversion to the French..and something under the name of police being already established in Scotland, English prejudice will not soon be reconciled to it’. In the 19th cent. the name Commissioners of Police orPolice Commission was given to the local bodies having control of the police force in burghs and police burghs in Scotland.

1698 G. Ridpath Political Mischiefs of Popery 39 The King in that case should mightily increase his Revenue; the Officers of Justice, of the Police or Discipline of Cities..would get twice as much Riches as they do.

1716 London Gaz. No. 5449/3 Charles Cockburn, Esq. to be one of the Commissioners of Police in North Britain.

1751 C. Morris Observ. London (title-page), Observations [etc.]..to which are added, some Proposals for the better Regulation of the Police of this Metropolis.

1785 T. Jefferson Notes Virginia xv. 277 A Professorship for Law and Police.

1795 J. Aikin Descr. Country round Manch. 263 The police of the town is managed by two constables.

1826 J. Kent Comm. Amer. Law I. ii. 42 The consular convention between France and this country, allowed consuls to exercise police over all vessels of their respective nations.

1877 J. Morley Crit. Misc. 2nd Ser. 39 Such legislation was part of the general police of the realm.

1761 Ess. Art War 105 The Police of his Camp was much better than that of Copenhagen which he besieged.

1779 Jrnls. Continental Congr. 1774–89 (Library of Congress) (1909) XIII. 42 He is so far as concerns his brigade, to inspect the police of the camp, the discipline and order of the service.

1834 J. Kemper in Wisconsin Hist. Coll. (1898) XIV. 412 The towels, basins &c. here are not what they ought to be. Thepolice of the boat is bad.

1894 Outing July 312/2 The camp was at all times in good police.

1903 L. C. Hatch Admin. Amer. Revolutionary Army (1904) 130 There was also a board of war to superintend the police of the camp.

1767 J. Steuart Inq. Polit. Oecon. I. xxxi. 489 Such a police upon grain, as might keep the price of it within determined limits.

1800 A. Young Question of Scarcity Plainly Stated 2 The Police of Corn has not been sufficiently studied.

1865 M. L. Booth tr. H. Martin Hist. France II. v. 448 The parliaments of Paris and Dijon, which had undertaken to interfere on their own authority in the police of grain.

1977 Amer. Hist. Rev. 82 1263/2 Should the state continue its traditional policy of pragmatic intervention and ‘police’ of the grain trade.

†4. orig. Sc. A department of a government or state concerned with maintaining public order and safety, and enforcing the law. Obs.

In later use passing into sense 5a.

1740 C. Cibber Apol. Life C. Cibber ix. 184 We are so happy, as not to have a certain Power among us, which in another Country is call'd the Police.

1774 T. Pennant Tour Scotl. 1772 128 The police of Glasgow consists of three bodies; the magistrates with the town council, the merchants house, and the trades house.

1781 C. Johnstone Hist. John Juniper I. 110 An insinuation so injurious to the honour of my country; which is governed by so supremely vigilant and wise a police.

1825 in W. Hone Every-day Bk. (1826) I. 441 Stepney, Hampstead, Westend, and Peckham fairs have been crushed by thepolice, that ‘stern, rugged nurse’ of national morality.

1863 H. Cox Inst. Eng. Govt. iii. vi. 667 The police of the country, by which is meant that department of government which has for its object the maintenance of the internal peace and prevention of crimes, the protection of public order and public health.

5.

a. The civil force of a state responsible for maintaining public order and enforcing the law, including preventing and detecting crime; (with pl. concord) members of a police force, police officers; the local constabulary.

The earliest use in this sense occurs in Marine Police (see marine n. 6), the name given to the force instituted c1798 (originally by private enterprise) to protect merchant shipping on the River Thames in the Port of London. The police force established for London in 1829 was for some time known as the New Police (see New Police n. at new adj. andn. Special uses 2a).

1798 Duke of Portland Let. 16 May in P. Colquhoun Treat. Commerce & Police R. Thames (1800) 160 (note) The expence of the Marine Police Establishment, which appeared to me ought to be borne by Government.

1800 P. Colquhoun Treat. Commerce & Police R. Thames 219 To place their Vessels..under the protection of the Police.

1826 Scott Malachi Malagrowther ii. 41 A strong and well-ordered police would prevent the fatal agitations of a mob.

1831 Blackwood's Edinb. Mag. Jan. 87/1 The alleged incompetency and misconduct of watchmen formed the great pretext for establishing the Police.

1867 Trollope Last Chron. Barset I. viii. 60 Later in the day, he declared that the police should fetch him.

1885 Times 17 Apr. 6/4 If they did not leave peaceably, they would be batoned by the police.

1922 J. Joyce Ulysses ii. viii. [Lestrygonians] 156 Squads of police marching out, back.

1970 Daily Tel. 27 June 1/4 One hundred police and 200 civilians yesterday searched lonely country around Stephen's home.

1989 G. Vanderhaeghe Homesick xvii. 230 It made Vera nervous that some Nosy Parker would report her to the police for serving liquor in an unlicenced establishment.

2004 Kansas City Star (Nexis) 6 Aug. b7 Local police are warning about an escalation in the gang wars.

1818 Times 27 Aug. 3/2 Offences which overstep this bound are liable to punishment by the University Police.

1855 W. H. Prescott Hist. Reign Philip II of Spain I. ii. vi. 495 He might have desired originally to maintain the troops in the Netherlands, as an armed police on which he could rely to enforce the execution of his orders.

1880 Contemp. Rev. 37 477 He believed in a..kind of watchful police of spirits and local heroes dead and gone before.

1933 Polit. Sci. Q. 48 268 The wide area of activity of the railway police.

2004 Canberra Times (Nexis) 7 Aug. b10 Forestry police say Safari World had previously sought licences for 14 orang-utans.

c. In extended (freq. humorous) use as the second element in compounds: a group of people seen as regulating or enforcing rules in a specified aspect of life.Earliest in thought police n. at thought n. Compounds 2.

1952 Analysis 13 11 The ideal of correctness is a deadening one,..it is in vain to set up a language police to stem living developments.

1988 N.Y. Times (Nexis) 22 May ii. 38/1 A regional magazine..has deputized its 105,000 readers as members of the Grammar Police.

2003 JazzTimes Sept. 106/3 The sort of imaginative choices that are sure to incite harsh criticism from the conservative jazzpolice.

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6. regional (chiefly Sc., U.S., W. Afr., and Caribbean). As a count noun: a police officer.Count noun use is usual in colloquial Caribbean English.

1839 Chicago Amer. 5 Sept. There is a police in attendance..in the theatre.

1856 ‘M. Twain’ Adv. T. J. Snodgrass (1928) 8 He was a police.

1924 Mem. Amer. Folklore Soc. 17 126 An' he sen' for a police an' tak up Anansi same time.

1960 Huntly Express 19 Aug. 7 It was all over the market that ‘the unco man wis a p'leece wi' plain claes’.

1988 E. Lovelace Brief Conversion 106 If you see Jobe tell him a police outside looking for him.

2002 Sunday Gleaner (Kingston, Jamaica) 17 Mar. f10/3 Why you was acting so suspicious? You think I was a police?

The police are civil officials who maintain public order and prevent/detect crime

OXFORD DICTIONARIES no date (“police”, accessed 4/11/2016, http://www.oxforddictionaries.com/us/definition/american_english/police)[AR SPRING16]

(treated as plural, usually the police) 1The civil force of a national or local government, responsible for the prevention and detection of crime and the maintenance of public order.

Police officers have as their job function enforcing laws, investigating crimes, and making arrests

MERRIAM WEBSTER DICTIONARY no date (Accessed 4/12/16, http://www.learnersdictionary.com/definition/police%20officer)[AR SPRING16]

Police officer ////a person whose job is to enforce laws, investigate crimes, and make arrests : a member of the police

Main function of police is protecting moral rights (e.g. right to life) of citizens – everything else is secondary

MILLER & BLACKLER professors @ centre for applied philosophy & public ethics @ Charles Sturt University 2005 (Seumas & John, Charles Sturt University, Australia, Ethical Issues in Policing, p.5 , note://// indicates par. breaks)[AR SPRING16]

In this chapter, we discuss the relationship between moral rights and the institution of the police.1 We argue that the protection of moral rights is the central and most important moral purpose of police work, albeit a purpose whose pursuit ought to be constrained by the law. So while police institutions have other important purposes that might not directly involve the protection of moral rights, such as to enforce traffic laws or to enforce the adjudications of courts in relation to disputes between citizens, or indeed themselves to settle disputes between citizens on the streets, or to ensure good order more generally, these turn out to be purposes derived from the more fundamental purpose of protecting moral rights, or they turn out to be (nonderivative) secondary purposes. Thus laws against speeding derive in part from the moral right to life, and the restoring of order at a football match ultimately in large part derives from moral rights to the protection of persons and of property. On the other hand, service of summonses to assist the courts is presumably a secondary purpose of policing.2

Police officers include sheriffs, detectives, highway patrol etc

US LEGAL no date (A website that seeks to simplify and break down barriers to legal information to the public, “Police officer law & legal definition”, accessed 4/12/2016, http://definitions.uslegal.com/p/police-officer/, note:////indicates par. breaks)[AR SPRING16]

People depend on police officers and detectives to protect their lives and property. Law enforcement officers, some of whom are State or Federal special agents or inspectors, perform these duties in a variety of ways, depending on the size and type of their organization. In most jurisdictions, they are expected to exercise authority when necessary, whether on or off duty.//// Uniformed police officers who work in municipal police departments of various sizes, small communities, and rural areas have general law enforcement duties including maintaining regular patrols and responding to calls for service. They may direct traffic at the scene of a fire, investigate a burglary, or give first aid to an accident victim. In large police departments, officers usually are assigned to a specific type of duty. Many urban police agencies are becoming more involved in community policing—a practice in which an officer works with the citizens of local neighborhoods and mobilizes the public to help fight crime.//// Police agencies are usually organized into geographic districts, with uniformed officers assigned to patrol a specific area, such as part of the business district or outlying residential neighborhoods. Officers may work alone, but in large agencies they often patrol with a partner. While on patrol, officers attempt to become thoroughly familiar with their patrol area and remain alert for anything unusual. Suspicious circumstances and hazards to public safety are investigated or noted, and officers are dispatched to individual calls for assistance within their district. During their shift, they may identify, pursue, and arrest suspected criminals, resolve problems within the community, and enforce traffic laws.//// State law enforcement agencies operate in every State except Hawaii. Most full-time sworn personnel are uniformed officers who regularly patrol and respond to calls for service. Others are investigators, perform court-related duties, or work in administrative or other assignments.//// Police officers enforce the law, investigate crimes, preserve evidence, write reports for government prosecutors, apprehend fugitives, and testify in court.//// Urban police officers have general law enforcement duties including maintaining regular patrols and responding to calls for service. Many are assigned to patrol a specific area, such as a business district or residential neighborhood.//// Sheriffs and deputy sheriffs enforce the law on the county level. Sheriffs, who are elected to their posts, perform duties similar to those of a local or county police chief. A deputy sheriff in a large agency has duties similar to those of officers in urban police departments.//// Detectives gather facts and collect evidence for criminal cases. They conduct interviews, examine records, observe the activities of suspects, and participate in raids or arrests.//// State police officers, also known as highway patrol officers, arrest criminals statewide and patrol highways to enforce motor vehicle laws and regulations. At the scene of accidents, they may direct traffic, give first aid, and call for emergency equipment.

SWAT teams = part of the police

SWAT teams in the U.S. are a subset of the police

HILL and BERGER 2009 (Stephen, associate prof International Relatkions @ University of Wisconsin-Eau Claire, specializing in paramilitary policing and conflict resolution, and Randall, professor criminal justice @ Univ. of Wisconsin-Eau Claire, “A Paramilitary Policing Juggernaut”, Social Justice, V.36 No. 1, p. 26, note://// indicates par. breaks)[AR SPRING16]

Though the United States has never had a specific paramilitary police force, such forces are common in other countries. The most famous of these include the French Gendarmerie, the Italian Carabinieri, and the Spanish Guardia Civil. These "gendarmeries," as they are informally called, generally compose a significant proportion of each nation's respective police forces and their militarized nature is usually manifest in their submission to the authority of their ministries of defense (Waddington, 1991). In contrast, paramilitary police personnel in Anglo-Saxon countries such as the United States, the United Kingdom, and Australia tend to operate as paramilitary police units (PPUs) under the authority of their respective civil police organizations. Such PPUs have been known by many different names, including: Special Weapons and Tactics (SWAT), Emergency Response Teams (ERT), and Special Patrol Groups (SPG). The proliferation of PPUs across the United States is now the most discernible symptom of a greater malaise affecting U.S. policing: its militarization.

SWAT teams are a specialized part of the police

LEITCH graduate of American Military University 2014 (Shayne, is currently patrol sergeant and hostage/crisis negotiator with Fort Detrick (Maryland) PD, 15 year career, “Does Your Agency Need SWAT? Considerations for Police Administrators”, In Public Safety, whichis a blog sponsored by the American Military University featuring articled by experts in the field of law enforcement, emergency management, fire services, and national intelligence, note://// indicates par. breaks SPRING16]

School shootings, random acts of mass violence, and the drug trade have created a necessity for even small police agencies to develop, organize, train, and deploy specialized teams of officers. What are the requirements, training, and development of SWAT members and what do administrators need to consider before developing such a specialized unit?//// A Little Background//// The concept of a police unit specially trained in the use of military-style tactics, weaponry, and equipment developed because agencies did not have the capability to confront sniper and guerilla-style tactics. On August 11, 1965 a man named Marquette Frye was pulled over by a Los Angeles police officer under suspicion of intoxication. Frye, an African-American, failed field sobriety tests and was being taken into custody when crowds began to gather at the scene. The situation escalated when the crowd, now numbering in the hundreds, began to throw bottles and rocks at responding officers and a full-scale riot ensued. During the rioting, police were unable to address snipers, random guerilla-style attacks, assaults on firefighters, and could not prevent attacks on uninvolved citizens. When order was restored there were 34 killed, 1,000 injured, 3,000 arrested, and $40 million in destroyed property (Walter J. Brown Media Archives & Peabody Collection, 2011).//// Approximately one year later, a student of the University of Texas, and former Marine, Charles Whitman gained access to the observation area of the campus clock tower. Heavily armed, he opened fire. Police were unable to resolve the crisis for 90 minutes while Whitman fired at-will on the campus below. Finally, Whitman was killed when a civilian and three officers gained access to the observation deck. From this event, 15 people died and 46 were wounded because police of the era simply lacked the ability to mitigate that type of situation (Balko, 2006).//// The Evolution of SWAT//// Following these two significant and unprecedented events in American law enforcement history, the new Los Angeles Chief of Police, Daryl F. Gates, conceptualized and implemented a plan to field a team of specially trained police officers to address such emerging threats (Balko, 2006). At the time, Gates recognized that America was in a state of drastic change and new threats would be beyond the scope of training for uniformed patrol officers. He proceeded to select and hire a team of former Marines for his “Special Weapons Attack Team.” However, due to the objections of city officials, it was revised to Special Weapons And Tactics, what we know today as SWAT (Balko, 2006).///// SWAT teams are organized as a quasi-paramilitary force and equipped with firearms that are generally unavailable to patrol officers as well as Level IV body armor that has the capability of stopping rifle rounds. In addition, they possess specialized armored personnel carriers that carry team members and equipment.//// The Los Angeles SWAT program has been the primary model for similar teams throughout the United States. As a result, most large jurisdictions either have an organic SWAT asset or a mutual-aid agreement with a neighboring jurisdiction or the state police to provide a tactical police response (Gaines & Kappeler, 2008). Each jurisdiction must determine if the expenditure of time, personnel, and dollars for SWAT is a necessary.//// Does Your Agency Need SWAT or Just Want It?//// When police administrators are exploring the idea of developing an autonomous SWAT program, they must first determine if there is a legitimate need. In many agencies, these units have become integral parts of what could be considered routine operations. Many times, in order to justify having SWAT or producing enough activity to qualify for funding, these teams are used in situations that do not require tactical applications. The most common use of SWAT teams is for the service of warrants. In many jurisdictions it is standard operating procedure for SWAT to serve all search warrants that require an initial forcible entry (i.e. no one is at the property). In other policies, all drug warrants are served by SWAT without consideration of the actual situation.//// It is estimated that 40,000 warrant services and raids of this type are performed by SWAT teams across the United States annually. Equipping each “utility-man” (a general purpose SWAT operator) can run over $5,000. Therefore, it is incumbent upon the jurisdiction to make a clear and well-researched determination as to whether or not their organization actually needs—as opposed to wants—a tactical asset.//// Selection and Organization of Officers//// Once administrators have determined that a SWAT asset would be beneficial to the agency and community, they must decide how team members will qualify and be selected. When selection is to be made, turn to volunteers first as the commitment in time to train and attend school requires dedication.//// Second, look to individuals with military backgrounds. Regardless of branch of service, all military personnel attend a military school, therefore, they are familiar with the concepts of small teams, team-leaders, and likely firearm training. As a final note, military training—and especially combat experience—will aid in the development of critical decision-making skills that go beyond regular patrol duties.//// How a SWAT Team is Organized//// At the basic level, SWAT team organization will be a minimum of four positions with seven personnel. The heart and soul of a SWAT team is the “utility-[person] man.” This is the basic entry-level position for a SWAT operator. Prior to attending any additional training, the utility man should attend and successfully graduate from SWAT school. Finding SWAT training programs for this purpose is easily accomplished through coordination with neighboring jurisdictions, state police, or by contacting the National Tactical Officer’s Association (www.ntoa.org).//// The next position to be filled is snipers. In the trade, the term “sniper” has fallen out of favor because of the military connotations as well as the well-known “D.C. Sniper” case in 2002. Today an appropriate term is “marksman/observer” or “police marksman.” Generally, these officers should be mature, experienced officers who have demonstrated strong decision-making abilities. They must be intelligent and creative because they will be required to select routes to their observation positions independent of leadership, construct hides, and make split-second decisions in lethal engagements.//// Extensive training is required for the police marks[person] man because the lives of their team and the public are relying on his/her ability to remain calm. Additional psychological traits desired include humor, dedication, confidence, and a positive attitude (Meyers, 1996). These characteristics will aid in the operator’s ability to cope with stressful situations and adverse environmental conditions.//// The final and most vital member of the tactical police unit is the team commander. The commander influences the decisions of policy-makers, makes critical tactical decisions on-scene, determines what training should be accomplished, argues for budgetary requirements, and takes full responsibility for an incident, whether it goes right or wrong.//// The SWAT commander has full tactical control in a critical incident. Once SWAT is activated and granted the authority to conduct an operation by the chief or other designated official, he/she makes all operational decisions. This high-stress position requires someone with experience, a sound tactical background, the ability to listen to subordinates and take recommendations willingly. Finally, the commander needs to be able to resist influence from higher authority once he/she is granted tactical control of a scene. That is, when others of higher rank or influence want an immediate action taken, if the tactical situation indicates that such action is ill-advised, the commander needs to be able to assert due authority and maintain control.//// Consider the Public Image of SWAT//// One final consideration for the administrator considering the establishment of a SWAT unit is public perception. SWAT has been dramatized and publicized since the 1970’s on television and in movies. While movies and television shows may make for good entertainment, they have caused backlash and caused the public to ask why SWAT is needed in policing (Balko, 2006).//// Incidents also tarnish the public image of SWAT. Consider the recent backlash in Ferguson, Missouri when police responded to protests with SWAT equipment. The media and public outcry after such a response—valid or not—is something that administrators must be prepared for. Such incidents only fuel the idea, supported by movies and television, of SWAT operators as thugs used by police to intimidate the public.//// Final Thoughts//// In the United States, SWAT teams are active in 25 percent of all local police departments (Gaines & Kappeler, 2008). Although the number of active units may exceed the necessity, the issue of terrorism is very real and the “it won’t happen here” argument is not acceptable (Gaines & Kappeler, 2008).//// Police administrators must demonstrate that a legitimate need exists for an organic tactical asset and that assembling, training, and equipping such a unit will save lives. There also needs to be clear-cut parameters on the deployment of SWAT. These guidelines should state in what situations and under what conditions SWAT will be activated.//// Regardless of frequency of activation, SWAT team personnel and administrators must have clear statements of agreement that guarantee a minimum level of training per month as well as mandatory schools to be attended by personnel. All of these elements, combined with public support, serves justice, the public good, and has the potential to save lives.

SWAT teams are part of the civil police

BEEDE Rutgers-The State Univ. of New Jersey 2008 (Benjamin, librarian emeritus, has published articles in The Historian, Policy Studies Journal, “The Roles of Paramilitarized and Militarized Police”, Journal of Political and Military Sociology, Summer, p.55, note://// indicates par. breaks)[AR SPRING16]

There are three types of militarized police, two of which need be considered only briefly. One consists of soldiers who are simply called "police." Governments often blur distinctions between criminals and guerrillas in order to discredit guerrillas; one way to bolster claims that guerrillas are "bandits" is to employ "police" against them rather than "soldiers." During World War II, for example, Germany used "police" as soldiers on a huge scale for counterinsurgency (or "bandit war" in Nazi terms) (Blood 2006:121-150). A second type of MiP is a covert army existing temporarily because of disarmament treaties. After World War II, the Western Allies used militarized police, such as the National Police Reserve in Japan (Maeda 1995:1-79), as the basis for a future army in several occupied countries.//// The third type consists of elements of civil or paramilitary police structures, such as SWAT teams in United States municipal forces and the larger foreign police organizations that Commonwealth countries often call "police reserves" or "field forces," which may be independent of other security forces. The latter kind of organization is a "[n]ational Police Force—Full-time 'militarized' police units, domiciled in part in barracks, equipped with light military weapons and military vehicles, and organized under the central government" (Janowitz 1977:28).

Security guards NOT part of the police

Security guards are not police officers – they are privately hired and when security guards make arrests it is in the same capacity as a ‘citizens arrest’

FAUCHER attorney 2008 (Rene, associate with Gray Duff, LLP, active lawyer in California, “Do Security Guards Have any Rights? Are They Obligated To Take A Bullet For You?”, Gray Duffy LLP, October, http://grayduffylaw.com/2008/10/do-security-guards-have-any-rights-are-they-obligated-to-take-a-bullet-for-you/, note://// indicates par. breaks SPRING16]

It is not uncommon for people, think jurors, to believe that security guards are like the Secret Service and have the rights of police officers and the obligation to save people from the bad guys. We have all seen the movies where the security guard throws someone out of a restaurant for making a fuss like in Beverly Hills Cop. But is this real life? The simple truth is “no.” The reality is security guards are not Supermen; They are actually ordinary citizens, no more, no less.//// Powers of Arrest//// An “arrest” includes the actual restraint of a person. But the restraint must be reasonable. But who can make arrests? Well, any police officer or person may arrest another person by restraining them, but only under certain circumstances. //// A police officer may arrest a person when the police officer has reasonable cause to believe the person has committed a public offense or when he has an arrest warrant. If the public offense is a felony, the police need not have seen the offense occur to make an arrest. But if the offense is not a felony, the police officer must have seen the offense to make the arrest. It becomes much more complicated for the police officer in the case of domestic violence. //// A security guard is merely a private person even though he wears a uniform. The security guard may arrest a person when that person has committed a felony, but only if a felony has actually been committed. If the offense is not a felony it must be committed or at least attempted in the presence of the security guard before a citizen’s arrest can be made. Whereas, the requirement is not so demanding for a police officer who can arrest a person for a felony as long as the officer has probable cause to believe the person committed the felony, whether or not the felony occurred. //// Assistance in Making a Citizen’s Arrest//// Interestingly, the security guard can ask for assistance from other security guards or other persons in making the citizen’s arrest. A security guard can also call the police and ask the police officer to make the citizen’s arrest for the security guard. //// The “Magic Words” in Making a Citizen’s Arrest//// In making the citizen’s arrest, the security guard must tell the person being arrested that he is being arrested, the reason for the arrest and the authority to make the arrest. Does the security guard always have to go through this verbal list? Not if the person to be arrested is in the middle of the crime or the attempt to commit the crime or is being pursued immediately after the crime. But once the criminal is caught and being restrained, he must be told what offense he is being arrested for, if he asks. //// How clearly must the security guard articulate the basis for and nature of the citizen’s arrest? Not very. In a case where an intoxicated driver exiting a parking garage the wrong way breaking the entrance gate and hitting a security guard, a parking attendant signed a citizen’s arrest form indicating the arrest was for malicious mischief and vandalism only. The driver’s blood alcohol was over the permissible limit. When the driver challenged the arrest and the suspension of his driver’s license, it was held that the substance of the attendant’s actions constituted a valid citizen’s arrest even though he did not utter or write the “magic words.” //// What to Do With Weapons in Making a Citizen’s Arrest//// What if the person being arrested has a weapon? Can the security guard take it away? Yes, the security guard making the citizen’s arrest can disarm the person being arrested. //// What to Do After Making a Citizen’s Arrest//// Once the security guard has made the citizen’s arrest what does he have to do? The security guard must call the police immediately and turn the person arrested over to a police officer as soon as possible. The security guard must also inform the police officer of the offense the person committed and file a formal criminal complaint. If the police officer decides to release the person arrested by the security guard, the arrest is considered a detention. //// What Do You Have to Do to Become a Security Guard? //// A private patrol service/operator is a person licensed to provide security services. A security guard is an employee of such a private patrol service. A security guard must complete a course of training in the exercise of the power to arrest in security officer skills. The provider of the training course will provide a certificate to the security guard upon completion of the course. The private patrol service is to then provide each security guard in its employee a review or practice of security officer skills on an annual basis and keep a record of its completion for two years. //// A security guard employed by a private patrol service/operator must be licensed by the State of California. An application is submitted to the State Department of Consumer Affairs who obtains the applicant’s finger prints which are submitted to the Department of Justice who in turn informs the State of any criminal convictions. //// A new law that goes into effect as of January 1, 2009 requires an employer of a proprietary private security officer to provide a review or practice course in security officer skills and keep a record of completion of the course for two years. A proprietary private security officer is an unarmed individual who is employed exclusively by any one employer whose primary duty is to provide security services for his or her employer, whose services are not contracted to any other entity or person, wears a security officer uniform and is likely to interact with the public. //// Can a Security Guard Be Armed? //// Yes, but the security guard must first complete a course of training in the powers of arrest and in the carrying and use of firearms and then get a certificate from the State Department of Consumer Affairs Department. The security guard may not carry a concealed weapon. //// A security guard can also carry a baton and/or chemical agents but only after completing a course in its use and obtaining a certificate. //// What If a Security Guard Discharges a Firearm? //// The security guard must prepare a detailed report for the Director of State Department of Consumer Affairs within seven days. //// Is Liability Insurance Required? //// Yes, the private patrol operator who employees the security guard who carries a firearm must maintain an insurance policy with a minimum limits of $500,000.00. //// Of course there is a caveat. This is not for the purpose of providing legal advice and is not a comprehensive review of the lengthy and details laws that relate to security guards and their employer////

Security officers are not police officers (etc)

McGOEY security consultant, no date (Chris, CCP, CSP, CAM, full quals here: http://www.crimedoctor.com/bio.htm, “Security Guards & Officers”, accessed 4/12/2016, http://www.crimedoctor.com/security_guards_2.htm)[AR SPRING16]

Security Guards and Officers//// Security guards and security officers assigned to an active post may find themselves in a situation where they are required to take a criminal into custody or defend themselves. A training question that always arises is how much force is a security officer allowed use in a tense and potentially dangerous situation?//// Of course, the answer is: it depends on the situation and how the officer is equipped. For the purpose of this article, assume the security officer is fully equipped with a handgun, PR-24 baton, pepper spray, and handcuffs. Of course, the security officer would have to be properly licensed, hold necessary permits, be fully trained, and only carry legal and authorized weapons.//// Reasonable Force//// Unlike police officers, security officers are not required to ever make an arrest. Most security officers merely observe and report and call the police if a crime occurs in their presence. However, when a security guard or security officer needs to take someone into custody for a crime, he or she must use reason and common sense. The law varies from state-to-state, but generally allows citizens to make an arrest and use reasonable force in doing so. One common definition of reasonable force is simply not to be excessive, under the circumstances. This means to consider the seriousness of the crime, the risk of harm for everyone, and the immediacy of the situation. The preference always is to get a law enforcement response to affect the arrest.//// For example, a petty shoplifting suspect might respond to the physical presence of the officer, their verbal commands, and should require no more than holding force to make a detention. See my web page Shoplifting: Detention & Arrest. After verbal commands fail, a violent suspect might require more physical force to subdue and chemical sprays or the baton might be needed for self-defense. The choices and variations are endless. You should always consider the use of force as a measured continuum from no force to deadly force. Choosing just the level of force necessary to overcome the obstacle is usually judged as reasonable.

Civil vs military police/policing

Military is distinct from civil police – even if all police can have a paramilitary character (capabilities, equipment, etc). Policing is the activity.

BEEDE Rutgers-The State Univ. of New Jersey 2008 (Benjamin, librarian emeritus, has published articles in The Historian, Policy Studies Journal, “The Roles of Paramilitarized and Militarized Police”, Journal of Political and Military Sociology, Summer, p.53-54, note://// indicates par. breaks)[AR SPRING16]

Many governments have believed and many continue to believe that certain threats demand security organizations in addition to conventional police forces and the armed forces. Some paramilitary or militarized police forces are counterweights to untrustworthy armies, moreover. In other instances, they are intended in part to provide at least the appearance of limiting security expenditures by substituting police officers for more expensive soldiers. One of the problems in discussing such police organizations is the ambiguity of words or phrases associated with them, and, therefore, discussion of these terms continues throughout this article. "Paramilitary," "militarization," "demilitarization," "paramilitary police," "militarized police," "military police," "military policing," and "paramilitary policing" have been used so loosely that they mean little unless they are defined precisely. The word "military" refers to the armed forces. "Para" suggests a resemblance between two entities. Thus, "paramilitary" refers to matters that are partially military or quasi-military with- out being wholly military. The word "policing" connotes law enforcement. Consequently, "paramilitary police" forces resemble both police and military organizations and may supplement or even supplant them. "Militarized police" are almost fully military.//// Some sources do provide clarification. For Andrade (1985:xi). a "force is classified as paramilitary if it has a degree of military capability, although strictly speaking it is not a branch of an armed service." "Military capability" is an important concept. An organization can be capable of military action without having a permanent military character or being part of the armed forces. The Military Balance (2004/2005:8) notes that "[m]any countries maintain paramilitary forces whose training, organisation [sic], equipment and control suggest they may be used to support or replace regular military forces." This statement moves usefully beyond Andrade's instructive reference to "military capability" by identifying specific areas: training, organisation, equipment and control in which an organization may resemble an army.//// In a sense, all police organizations are "paramilitary", but they differ considerably in the degree of their militarization. Policing can be described as Civil (hereafter CPg), Army (APg), Military (MPg), Militarized (MiPg), and Paramilitary (PMPg). The organizations performing such duties are denoted as CP (that is, civil police), MP, MiP, or PMP, respectively. Because an army is not a police organization it is not given an acronym. Military Policing (MPg) here is the maintenance of order within the armed forces and need not be considered further. Although the other categories are mentioned briefly, the emphasis of this study is MiPg and PMPg and MiP and PMP.

Even if police and military is blurred, there is still a constant distinction: police have distinct duties, even if they increasingly acquire more capabilities that make them ‘paramilitary’

BEEDE Rutgers-The State Univ. of New Jersey 2008 (Benjamin, librarian emeritus, has published articles in The Historian, Policy Studies Journal, “The Roles of Paramilitarized and Militarized Police”, Journal of Political and Military Sociology, Summer, p.57-58, note://// indicates par. breaks, note: this author uses CP for civil policing and MiP for military policing)[AR SPRING16]

Two current processes demonstrate that police and military roles are converging. Rial (1996:56) limited this convergence to Latin America, but the trend is worldwide. One of the processes is the "police-ization" of military organizations, that is, the assignment of law enforcement duties to military forces. The other process is the "tendency is to convert the police forces into paramilitary forces, or at the very least to create within the police force specialized units to deal with serious civil disturbances" (Andrate 1985:xi). When "governments face politically inspired violence, they will give priority to protecting themselves . . . . In these circumstances, the military is more likely to be given, or to recover, a domestic law-enforcement role and police, conversely, to operate in a more militaristic fashion" (Bayley 2006:71). Convergence of roles has gone beyond responses to "politically inspired violence," however. Terrorism, illegal immigration, and the narcotics trade have overwhelmed customary police efforts and have "blurred" distinctions between internal and external threats and, thus, between police and military responsibilities (Lutterbeck 2004:46; see also Kraska 1999:208,212).//// Changes in governmental perspectives about security thus are moving some CP forces in the direction of PMPg and bringing about more MiP elements. Some observers view a PMP or MiP as an attempt to square the circle by combining law enforcement duties with military capabilities, seemingly arguing that people can be either police or soldiers, but not both at the same time (Dunlap 1999:223-224). Many European democracies have had well-functioning gendarmeries for long periods and the United States has state police organizations that are civil police organizations yet whose training meets military standards, facts that suggest that law enforcement duties and military capability can be combined in a police organization. As police, moreover, PMP can arrest individuals rather than punish whole groups as might be done by the army, thereby preventing incidents from escalating into larger scale disorders.

Military not same as police – even if there is ‘blurring’

MILLER & BLACKLER professors @ centre for applied philosophy & public ethics @ Charles Sturt University 2005 (Seumas & John, Charles Sturt University, Australia, Ethical Issues in Policing, p.11-12 , note://// indicates par. breaks)[AR SPRING16]

It might be argued that contemporary military institutions meet our definition of the institution of the police. Consider so-called "humanitarian" armed intervention in places such as Somalia, Bosnia, Rwanda, Kosovo and East Timor. Whether or not each of these armed interventions was principally undertaken to protect human rights is a matter of controversy. At any rate, we make three points in response.//// First, the nature and evolution of military and policing institutions is such that the lines have often been blurred between the two. For example, in the British colonies the police historically had a paramilitary role in relation to what was regarded as a hostile population, e.g. the Royal Irish Constabulary. Indeed, according to Richard Hill:

Coercion by army and by police have always been distinguished by differences of degree, rather than kind, and through most of the history of policing there was no clear demarcation between the two interwoven strands of control situated towards the coercive extremity of the control continuum... Historically, constables were generally considered to be a reserve military body for mobilisation by the state in potential or actual emergency; conversely soldiers were frequently called upon to conduct duties generally considered to be of a 'policing' nature.16

But from this it does not follow that there are not good reasons for a normative theory of contemporary policing in liberal democracies to make distinctions between the fundamental role of the police and that of the military. Such reasons would include the well-documented and highly problematic character of paramilitary police forces, including in relation to the violation by such forces of individual moral rights, and the tendency for such forces to become simply the instrument of governments rather than the protectors of the rights of the community and the servants of its laws. (We will deal more directly with this issue in Chapter 2.)//// Second, while contemporary military forces may undertake humanitarian armed interventions from time to time, this is not, or has not been, their fundamental purpose; rather, national self-defence has avowedly been their purpose. Third, to the extent that military institutions do in fact take on the role of human rights protection by means of the use of coercive force, then they are being assimilated to police institutions. It is no accident that recent humanitarian armed interventions are referred to as episodes of "international policing."//// There are some other objections to our account of the institution of the police. We try to deal with the most important of these later on in this chapter. In the following section of the chapter, we offer a brief account of moral rights and the cognate notion of social norms. In the section after that, we present our theory of policing as the protection of legally enshrined moral rights by means of coercive force. In the final section, we deal with some residual issues arising from the use of harmful methods in policing, including methods that under normal circumstances would themselves constitute human rights violations.

Militarization of police is not exhaustive – they are still responsive to civilian authorities

BEEDE Rutgers-The State Univ. of New Jersey 2008 (Benjamin, librarian emeritus, has published articles in The Historian, Policy Studies Journal, “The Roles of Paramilitarized and Militarized Police”, Journal of Political and Military Sociology, Summer, p.58-59, note://// indicates par. breaks, note: this author uses CP for civil policing and MiP for military policing)[AR SPRING16]

Reinforcing police with troops is often an attractive option for governments faced with internal security challenges and public demands for rapid and effective action to deal with such challenges, but Watts has cautioned that the "failure to disaggregate military and police functions at the theoretical level has encouraged the tendency of political elites in transition states to assign internal security tasks to their military institutions," thereby running severe risks of politicizing those institutions. In former East Bloc countries (and other areas), western advisers have intensified risks by encouraging the intrusion of the armed forces into what should be police responsibilities (Watts 2002:102-103).//// It is easier and surely more appropriate to provide a trained police officer with some military skills than to provide a trained soldier with police skills, moreover, because the primacy of the police role should be stressed. The individual orientation of the police officer is vital. Shemella (2006:137) has distinguished between a "warrior mentality" ("traditional") and a "law enforcement mentality" ("nontraditional") for members of the armed forces, but these concepts can usefully be applied to police with military characteristics. Even when using military equipment and tactics, PMP, and to a lesser degree MiP, must preserve a "law enforcement mentality" that is reinforced by reporting to civilian rather than to the military authorities and by training and discipline aimed at preventing them from providing "army policing" rather than "law enforcement."

Civil policing is distinct from the military

BEEDE Rutgers-The State Univ. of New Jersey 2008 (Benjamin, librarian emeritus, has published articles in The Historian, Policy Studies Journal, “The Roles of Paramilitarized and Militarized Police”, Journal of Political and Military Sociology, Summer, p.54, note://// indicates par. breaks)[AR SPRING16]

Although its members usually wear uniforms and follow a "military model", civil police organizations are the least militarized security force. The primary responsibility of civil police is law enforcement and its primary adversary is the individual criminal or small groups of criminals, usually without political objectives. Problems beyond the ability of CP can often be met by MiP, which may or may not be a special division of a CP force.

The military (i.e. army) performing police tasks is esoteric/rare

BEEDE Rutgers-The State Univ. of New Jersey 2008 (Benjamin, librarian emeritus, has published articles in The Historian, Policy Studies Journal, “The Roles of Paramilitarized and Militarized Police”, Journal of Political and Military Sociology, Summer, p.54-55, note://// indicates par. breaks)[AR SPRING16]

The opposite of civil policing is policing by an army. Detailing soldiers to law enforcement is a clumsy, often ineffective expedient, partly because soldiers almost always lack appropriate training. Therefore, they are inflexible in their behavior and are prone to overreacting in confrontations with the public (Arnold 1986: 15; Farcau 2002:127; Watts 2002:107). Extensive use of soldiers as police diverts the army from its function of protecting a country from foreign enemies and undermines the existing police forces (Koonings and Kruijt 2002: 346). When military forces are used in efforts to control narcotics, there is a grave danger of introducing corruption into their ranks, moreover (Mares 2002: 424, 427). For such reasons, and because of a feeling of superiority toward the police, both military commanders and their troops usually resist police assignments (Dunlap 1999:217-232; Janowitz 1977:113; Mares 2002:421).

Paramilitary policing is part of the civil police, not military

BEEDE Rutgers-The State Univ. of New Jersey 2008 (Benjamin, librarian emeritus, has published articles in The Historian, Policy Studies Journal, “The Roles of Paramilitarized and Militarized Police”, Journal of Political and Military Sociology, Summer, p.55, note://// indicates par. breaks, note: this author uses CP for civil policing and MiP for military policing)[AR SPRING16]

Organized at the national level and often termed "gendarmerie", PMP carry out law enforcement functions, but they have the "training, organisation [sic], equipment and control" mentioned by The Military Balance that allow them to provide at least limited responses to riots or rural unrest, thus combining "the structure and skills of the army with the civil order-maintaining aspects of the city police" (Bechtel 1995:26). Despite the emphasis here on the military capabilities of PMP, such forces are enhanced CP rather than MiP. To contain large-scale disturbances, a PMP force concentrates its ordinary personnel, who are usually dispersed on civil policing assignments, or utilizes its MiP components, if any, or employs both capabilities

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