17 CSR 20-2.065
Authority
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 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 onview 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.