NV Security Guard flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Citizen's arrest felony standard
- Under NRS 171.126 a private person may arrest for a felony only when the felony is committed in the person's presence; hearsay or a report alone is insufficient.
- Breach of peace misdemeanor
- A private person may arrest for a misdemeanor only if it amounts to a breach of the peace and is committed in the person's presence, such as a violent fight in public.
- Cause of arrest notice
- NRS 171.124 and 171.126 require the arresting person to inform the arrestee of the cause of arrest and the arresting person's authority, unless flight or resistance prevents it.
- Prompt delivery to police
- A guard making a citizen's arrest must deliver the arrestee to a peace officer or magistrate without unnecessary delay; prolonged private custody becomes unlawful detention.
- Force in citizen's arrest
- Only reasonable and necessary force may be used to make a citizen's arrest; deadly force is not authorized to protect property or stop a fleeing misdemeanant.
- Temporary detention standard
- NRS 171.123 permits a brief investigative detention only on specific, articulable facts supporting reasonable suspicion of criminal activity, not a mere hunch.
- Detention reason disclosure
- NRS 171.1231 requires that a detained person be told the reason for the detention and released if the suspicion is dispelled; the detention must be no longer than necessary.
- Self-defense force limit
- A guard may use reasonable non-deadly force to defend against imminent unlawful force and may use deadly force only against imminent death or serious bodily harm.
- Unlawful arrest exposure
- An unlawful citizen's arrest or excessive force can lead to criminal charges of false imprisonment or battery and civil liability, including under 42 U.S.C. §1983 when acting with police.
- Battery definition NRS
- NRS 200.481 defines battery as any willful and unlawful use of force or violence upon another; striking a passive, non-resisting person is battery even without visible injury.
- Assault definition NRS
- NRS 200.471 defines assault as an unlawful attempt, with present ability, to commit a violent injury, or intentionally placing another in reasonable apprehension of immediate bodily harm.
- Coercion under NRS
- NRS 207.190 coercion is compelling another against their will by immediate or future threat of force, or by unlawful detention of property, to do or abstain from an act.
- Stalking course of conduct
- NRS 200.575 requires a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for safety; one isolated contact is generally insufficient.
- Child abuse reporting duty
- NRS 200.508 covers child abuse and neglect, including placing a child in a situation where the child may suffer; a guard who observes this must report, not investigate.
- Sexual assault response
- Sexual assault and statutory sexual seduction are felonies; a guard must not question, transport, or mediate, but should secure the scene and call law enforcement.
- Reasonable suspicion requirement
- NRS 171.123 requires specific, articulable facts supporting reasonable suspicion before a temporary detention; presence in a high-crime area alone does not meet that standard.
- Licensing authority Nevada
- The Nevada Private Investigator's Licensing Board licenses private patrolmen and security guards under NRS 289 and NAC 289; unlicensed guard work is reportable noncompliance.
- Carry license on duty
- NAC 289 requires a guard to carry the license or work card while on duty and produce it on request of the Board, law enforcement, or the employer; failure is a violation.
- Pre-assignment training
- NAC 289.240 requires Board-approved pre-assignment training and continuing education; lapsed or missing training hours are regulatory violations, not just an HR concern.
- Firearm permit currency
- A guard may carry a firearm on duty only if the firearm permit and required training are current; an expired permit invalidates the armed assignment.
- Reporting address changes
- NAC 289 requires licensees to notify the Board of changes of address, employer, or criminal history within the regulatory time; failure to report is a separate violation.
- Uniform and badge rules
- NAC 289 requires a clearly visible badge or identification on the uniform and prohibits titles, insignia, or markings implying law enforcement authority.
- Impersonating peace officer
- NAC 289 and NRS 199.430 prohibit using a badge, uniform, or vehicle marking that would lead a reasonable person to believe the guard is a sworn peace officer.
- Incident reporting duty
- NAC 289 requires a guard to report use of force or arrests to the employer and, where applicable, to the Board; concealing an incident is itself a regulatory violation.
- Private actor search rule
- A private guard is generally not a state actor under the Fourth Amendment, but acting at police direction can make the guard a state agent subject to constitutional limits.
- Consent to search
- A citizen may refuse consent to a search by a private guard; a guard may search only under lawful arrest, valid consent, or specific contractual authority, without force to obtain consent.
- Property rules versus speech
- First Amendment limits bind government action, not private owners; a guard may enforce an owner's rules but may not use force to suppress lawful speech on public property.
- Right to remain silent
- A person may refuse to answer a guard's questions; a private guard may ask but may not compel answers or threaten consequences for silence.
- Recording in public
- Citizens may record police in public in the Ninth Circuit and under Nevada practice; a guard must not seize a phone or demand deletion of a lawful recording.
- No peace officer powers
- A private guard is not a peace officer and may not conduct traffic stops, issue citations, or demand identification absent a specific statute such as NRS 171.123.
- Residence entry limits
- A guard may not enter a private residence without consent, a warrant, or exigent circumstances such as hot pursuit of a fleeing felon or imminent danger to life.
- Deadly force property limit
- Deadly force may not be used to protect property, prevent a misdemeanor, or stop a fleeing misdemeanant; it is limited to defense against imminent death or serious bodily harm.