Mo. Code Regs. tit. 17 § 20-5.065
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 17 CSR 20-5.065 - AuthorityPURPOSE: This rule establishes the arrest powers of a licensed corporate security advisor. These powers are in effect while the licensed corporate security advisor is actively employed, as prescribed by this chapter, and is on company property with additional limitations when performing specialized security duties off company property.
(1) Authority On Company Property. While on company property, the corporate security advisor shall have all the authority of a licensed security officer and may carry a firearm, make arrests and search for and seize evidence in connection with an arrest. All these actions may be carried out pursuant to the same conditions as may apply to commissioned officers of the St. Louis Metropolitan Police Department. (A) A corporate security advisor may perform arrests for a felony, misdemeanor and city ordinance violation committed in his/her presence (on-view);(B) An attempted commission of a felony or misdemeanor occurring in his/her presence;(C) May arrest for a felony or misdemeanor not committed in his/her presence when s/he has probable cause to believe that the offense was committed by the person to be arrested; and(D) Off his/her licensed premises when in hot pursuit for an on-view felony is involved. (For an on-view felony, offense is an offense the corporate security advisor sees committed.)(2) Authority Off Company Property. When on-duty, but not on company property, the corporate security advisor shall have the following authority within the geographical boundaries of the City of St. Louis: (A) S/he may carry a firearm.(B) S/he may perform arrests as indicated in subsections (1)(A)-(C) for felonies, misdemeanors and city ordinance violations which occur off company property, but which are directly related to the safety and welfare of his/her employer's personnel, property or guests warranting special security consideration; and(C) S/he may effect arrests as set forth in subsections (1)(A)-(C) or, when in hot pursuit for an on-view felony which occurred off company property, if the offense is directly related to the safety and welfare of her/his employer's/principal's personnel, family, property or guests warranting special security consideration.(3) Limitations of Authority. Failure by a corporate security advisor to observe and comply with the following limitations and restrictions may result in suspension or revocation of the corporate security advisor's license:(A) All authority granted to a corporate security advisor in this chapter shall be strictly construed and none of this authority may be exercised outside the geographical boundaries of the City of St. Louis;(B) All authority granted to a corporate security advisor in this chapter may be exercised solely when the corporate security advisor is actively on duty and engaged on behalf of an employer authorized by the private security section; and(C) A corporate security advisor may not exercise any authority granted in this chapter in connection with the service of process or in connection with investigative activities on behalf of an attorney engaged in either civil or criminal practice.(4) Manner of Effecting Arrest. An arrest is performed by the physical restraint of the arrestee, or by the arrestee's submission to the arrest authority of the corporate security advisor. The arrest authority for corporate security advisors is established by the board pursuant to section 84.340, RSMo, which grants the board authority to regulate and license all private security personnel. (A) When effecting an arrest, a corporate security advisor may use only the minimum amount of force necessary to accomplish his/her lawful objectives indicated in this chapter.(B) Once an arrestee has been physically restrained, a corporate security advisor may employ no force against the arrestee except as may be necessary to prevent escape. AUTHORITY: section 84.340, RSMo 1986.* Original rule filed June 30, 1992, effective Feb. 26, 1993. *Original authority: 84.340, RSMo 1939.