Mo. Code Regs. tit. 17 § 20-2.065
Current through Register Vol. 49, No. 23, December 2, 2024
Section 17 CSR 20-2.065 - AuthorityPURPOSE: 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 as outlined below-(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;(D) Off his/her licensed premises when in foot pursuit for an on-view felony. (An on- view felony offense is a felony offense the security officer sees committed.) Vehicle pursuits are not permitted under any circumstances;(E) Off his/her licensed premises, but only within a two (2) block radius of said premises, unless expressly approved by the private security section, and while escorting employer's employees and visitors from said premises to their parked vehicles or other means of transportation; and(F) Off his/her licensed premises but only while escorting employer or employer's designee, by the most direct route, to and/or from a bank or other financial institution for the purpose of making a cash deposit or withdrawal.(2) The authority granted private security officers herein is limited and said limitations shall be strictly construed. It does not permit private security officers to serve as bodyguards, process servers, or investigators for attorneys. Operators of security agencies should be aware of these restrictions and should also be aware that violation thereof could result in the suspension or revocation of a private security officer's license by the board of police commissioners.(3) In specific circumstances, with the consent of the chief of police, uniformed security officers may be empowered to direct traffic on city streets adjacent to their employer's property, provided they have successfully completed a training program in traffic direction and control, sponsored by the Traffic Safety Division of the St. Louis Metropolitan Police Department.(4) Private security officers successfully completing training in traffic direction and control, sponsored by the Traffic Safety Division of the St. Louis Metropolitan Police Department, and at the discretion of the chief of police, may be subject to activation to assist with traffic direction and control at any location in the City of St. Louis as established in the Code 1200 Department Emergency Mobilization Manual, Section III (6) Bureau of Professional Standards (b) Private Security Section.(5) 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) In making an arrest a private security officer should use only as much force as is reasonably required to achieve his/her lawful objective. Deadly force may never be used in defense of property only.(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.(C) Police officers from other jurisdictions, including St. Louis City Marshals and St. Louis Deputy Sheriffs, who are serving or acting as private security officers do not possess police powers at the location of their assignments in the City of St. Louis unless licensed by the Board of Police Commissioners of the City of St. Louis. AUTHORITY: section 84.340, RSMo 2000.* Original rule filed April 8, 1988, effective July 11, 1988. Amended: Filed Feb. 13, 2002, effective Aug. 30, 2002. Amended: Filed May 14, 2008, effective Dec. 30, 2008. Amended: Filed April 23, 2012, effective Oct. 30, 2012. *Original authority: 84.340, RSMo 1939.