1. By Brandon Gregg, CPP Add me on Linkedin! Brandon Gregg Linkedin CPP Study Guide 2. CPP Study Guide How to Study the CPP: Read over 500 slides, deleting the slides you know the answer to. Use the last 300 practice quizzes to test yourself. Purchase or find The Complete Guide of the CPP Exam, it reads like a book of answers, no filler, fluff or 20 ASIS books to read. Make more slides if needed Repeat Take CPP Test, good luck! Send me an email when you pass 3. CPP Study Guide This Powerpoint was made by collecting all the open source CPP study guides I could find online and then some. If you have your own slides, please send me a copy so I may add to the slides. Thanks again for everyone that helped put this together! 4. Control over the entry of personnel and materials is the most important countermeasure to bombs 5. Control over the entry of personnel and materials is the most important countermeasure to bombs 6. The emergency plan is tested at least annually 7. Data media must be protected in specially insulated records containers which protect the contents against temperatures up to 150 F and 80% humidity 8. The automatic sprinkler system is ordinarily activated by the melting of a metal seal and water then flows through the system when the head valves are released 9. Government and industry share the responsibility for emergency and disaster planning 10. The emergency plan must be distributed to all personnel with responsibility for action 11. A bomb blanket is used only by specifically trained personnel 12. Vital Records are those necessary to insure the survival of the business. Vital records usually constitute no more than 2 percent of a corporations records 13. Responsibility for a shutdown should be assigned to persons familiar with the process 14. The emergency plan is activated by the facility manager, the President, or the CEO 15. The emergency plan should be directive in nature 16. In a fire, the facility must have the capability to respond quickly with well trained personnel to contain and extinguish the fire. 17. In a high rise building, partial evacuation includes the floor above and the floor below 18. The most common of all terrorist tactics is bombing 19. In dealing with plant fires, mutual assistance and prior coordination with the fire department is essential. The critical element is the ability to respond quickly with well trained personnel to contain and extinguish the fire 20. A tidal wave (TSUNAMI) is caused by underwater disturbances 21. A hurricane warning is issued when it is determined that winds of 74 mph or higher will be encountered 22. Tornadoes are violent local storms with whirling winds that can reach 200 - 400 m.p.h. The width of a tornado ranges from 200 yards to one mile and travels 5-30 miles along the ground at speeds of 30-70 m.p.h. 23. Tornado watch - tornadoes are expected to develop Tornado warning - tornado has actually been sighted in the area 24. Severe thunderstorm - possibility of frequent lightning and/or damaging winds of greater than 50 m.p.h., hail and heavy rain. Severe thunderstorm watch - possibility of tornadoes, thunderstorms, frequent lightning, hail and winds greater than 75 m.p.h. 25. Heavy snow warning - an expected snowfall of 4 inches or more in a 12-hour period or 6 inches or more in a 24-hour period 26. Blizzard - the most dangerous of all winter storms. 27. Blizzard warning - considerable snow and winds of 35 m.p.h. or more are expected. A severe blizzard warning - very heavy snowfall is expected with winds of at least 45 m.p.h. and temperatures of 10 degrees or lower. 28. A large proportion of energy in a nuclear explosion is emitted in the form of light and heat and is generally referred to as Thermal radiation 29. The one thing that distinguishes disasters or major emergencies from the emergencies plant personnel deal with each day is the need for coordinated emergency operations 30. A community based emergency control center must be established to coordinate all efforts in a major emergency 31. Emergency readiness means preparation has reached the point where you are prepared to react promptly to save life and protect property if the plant is threatened or hit by a major emergency 32. Bomb Threat - a search is made after every bomb threat call. The facility manager should make the decision as to who should search 33. The decision to evacuate a building upon the receipt of a bomb threat should be made by a senior member of management 34. Fire loading is the amount of combustible materials that occupy its interior spaces 35. When a bomb threat is received, the following are notified, in order : a. Persons responsible for search and evacuation b. Local authorities c. Explosive demolition teams; and d. Medical facilities 36. A clear zone with a radius of at least 300 feet should be established around a suspicious object including the floors above and below 37. The purposes of emergency planning are to: a. Anticipate the emergency b. Provide action during the emergency; and c. Return to normal operations 38. In assessing the vulnerability of individual facilities, major factors considered are: a. Environment b. Indigenous c. Economic 39. The basic emergency plan should be made up of three elements: 1. Authority 2. Types of emergencies 3. Plan execution 40. The value of an emergency plan is that it: a. Provides a written record and means of communicating information throughout the organization b. Assures that all procedures fit into an integrated plan c. Promotes uniformity d. Assures a permanent record of decisions and acquired knowledge e. Provides a means of orientation of new employees into emergency responsibilities f. Permits management to delegate specific authorities g. Presents a public relations medium for communicate to employees, customers and stockholders 41. Every industrial firm, regardless of size, should establish an internal organization that will be able to protect life and property in time of any emergency 42. The Vital Records Protection Plan should be tested at least once a year. The tests of Vital Records Program should verify that vital records needed after a disaster are: a. Current b. Protected sufficiently against natural disasters, nuclear detonation and other perils c. Retrievable as needed in usable form 43. Strike The most frequent strike is the economic strike, which must be preceded by at least 60 days notice 44. Strike The unfair labor practice strike can occur suddenly with little or no effective planning 45. Strike The most important outside contact will be with local police 46. Strike A sound policy with respect to police arrests would be to not attempt to influence the police against initiating prosecutions where police are complaining witnesses 47. Strike Documentary surveillance of workers engaged in legal and legitimate labor practices such as legal picketing during a strike could amount to an unfair labor practice 48. Terrorism Kidnapping is a classic act of terrorism 49. Terrorism For the most effective personal protection of a possible kidnapping target, a minimum of two (2) bodyguards is recommended 50. Terrorism The payment of ransom or complying with any criminal demand, without company approval, could render the payer civilly liable. 51. Terrorism The best way to determine if a hostage is alive is with direct communication 52. The four legs of fire: a. Heat b. Fuel c. Oxygen, and a d. Chemical reaction 53. Several by products accompany every fire: a. Smoke b. Gas c. Heat d. Expanded air 54. Fire Classifications: Class A - Ordinary combustibles (waste paper, rags, and furniture) Extinguish with Water or water fog (Green triangle) Soda and Acid Class B - Gas, grease oil, volatile fluids Extinguish with CO2 or water fog (Red Square) dry chemical Class C - Electrical fires Extinguish with non-conductive agent (Blue circle) CO2 Class D - combustible metals Extinguish with Dry powder (Yellow star) Dry powder 55. Water fog is very effective for Class A and B fires 56. A normal fire proceeds through 4 basic stages: 1. Incipient Stage - no smoke at this point 2. Smoldering Stage - smoke begins to appear 3. Flame Stage - actual visible fire 4. Heat Stage - heat is intense and building up 57. The principal fire sensors are: Ionization detector - useful in giving early warning. Photoelectric smoke detector - when source of light is interrupted, unit alarms Infrared flame detector - reacts to emissions from flame Thermal detectors - operates on a significant change in temperature 58. Manual fire alarm stations are of two types: 1. Local alarms alerting personnel in building 2. Station alarms signal is transmitted directly to a monitoring station 59. The causes of most fires are: Carelessness Ignorance 60. Most fires are electrical in origin 61. More fire fatalities are caused by toxic gases than by the flames 62. The major causes of death in a building fire are: a. Toxic gases b. Smoke c. High temperatures d. CO2 e. Fear and resultant actions f. The fire itself 63. Most sprinklers will operate at temperatures between 130 and 165 F. 64. Halogenated agents (1211, 1302) are non-corrosive chemical agents used for extinguishing fires in areas containing computers and electrical equipment 65. A fire door is for the purpose of impeding the spread of fire 66. Automatic fire doors are held open until there is sufficient combustion to trigger the door closing devices 67. The focus of disaster control planning is on solutions to major problems and to prevent a disaster from becoming a tragedy 68. The three principles of disaster control planning are: a. Coordinated planning; b. Mutual assistance; and c. Community resources 69. In the organizational structure of proprietary firms, security may provide both line and staff functions a. When advising senior executives, the security manager performs staffduties b. In security operations, the security manager carries out line duties As a general rule, line duties are considered to be operational in nature and staff duties are of a support nature 70. When security managers exercise authority delegated by a senior executive to whom they report, such authority is known as functional authority 71. Security functions cut across departmental lines and consist of involvement into every activity of the company but should not involve significant interference 72. Probably the most common security management failure is the inability to delegate responsibility and the authority necessary to carry it out 73. Span of control is a management term which refers to the number of personnel over which one can effectively supervise 74. The largest single item of expense in the security operation is the cost of the security personnel 75. The number of security personnel required to cover a single post around the clock on three eight- hour shifts is 4-1/2 to 5 persons Not 3 76. Chain of command is a management term which refers to the path along which authority flows 77. Well-trained, well-supervised security personnel may be the best possible protection available to a company 78. The accounting department of a company is the most vulnerable to major loss due to crime 79. Unity of command is a management concept which means that an employee should have only one immediate superior to whom the employee should report 80. The security manager should have the necessary authority to carry out responsibilities. To accomplish this, the security manager should occupy a position where the manager reports directly to a vice-president or higher 81. The Theory X management theory holds that the average employee has little ambition, dislikes work and must be coerced, controlled and directed to achieve organizational objectives - Douglas McGregor 82. The Theory Y management theory holds that the average employee does not dislike work, is self-directed, is creative and imaginative, accepts responsibility and is committed to achieving organizational needs and objectives - Douglas McGregor 83. Theory X and Theory Y were developed by Douglas McGregor 84. Those in management who believe the behavioral assumption of Theory X take an autocratic approach to get work done. Whereas Theory Y encourages managers to support and encourage employees in efforts to higher achievement 85. The three main theories of organizational behavior are: a. Autocratic theory b. Custodial theory c. Supportive theory 86. The autocratic theory holds that management is all-powerful and employees are obligated to follow orders without question 87. The custodial theory holds that the aim of the company is to make the employee happy and contented through economic benefits and thus they will be positively adjusted to their work. This theory does not motivate employees to produce to their full capacity 88. The supportive theory holds that through good leadership, management will provide a climate where employees will take on added responsibilities and thus make greater contributions to the growth of the company. Leadership: We rather than they 89. Herzbergs theory is a management theory which holds that motivation comes from work achievement satisfaction and not from such things as salary and job security 90. Theory Z is a recent management style used effectively by the Japanese. This theory emphasizes humanized working conditions along with attention by management to enhance trust and close personal relationships 91. Management by objectives also known as MBO was introduced by Peter Drucker. In this approach, both subordinate and superior agree on measurable goals to be achieved primarily by the subordinate over a stated period of time 92. A budget is a plan stated in financial terms. It sets forth in dollars the necessary allocation of funds to achieve the plan 93. Risk analysis is a management method used to minimize risks through application of security measures commensurate with the threat 94. The major resource required for a risk analysis is manpower 95. The most important management skill is the ability to communicate effectively 96. Written communication is the best means to communicate 97. The primary objective in implementing a protection program within an organization should be to motivate every employee to become part of the protection team 98. Both private security and public law have, as their primary mission, the prevention of crime and protection of persons and property 99. Economic crime is defined as the illicit behavior having as its object the unjust enrichment of the perpetrator at the expense of the economic system as a whole 100. Private security relies upon both commercial security services and government agencies for intelligence gathering and crisis management planning 101. Private security frequently avoids or bypasses police with regard to white collar or economic crime 102. Business crime is most effectively attacked through sound management controls. The emphasis on loss prevention rather than the offender involved in the incident is a distinguishing characteristic of private security. 103. About 95% to 99% of activated alarms are false 104. The main deterrent value of a burglar alarm system is that the alarm signal enunciated locally or transmitted to a central station brings a police response 105. Employee theft was the most frequently investigated crime by private security 106. As a general rule, local law enforcement has very little effect on many crimes against business. Exceptions are burglaries, robberies and arson 107. Frequently cited measures for improving private security are: a. More or better training b. Mandated training c. Improved selection process d. Higher wages e. Establishment or improvement of licensing and regulation 108. Two problems in police and security relationships which seem to have the greatest intensity of feelings are: a. Secondary employment or moonlighting by police officers in private security b. Police response to activated alarms which are largely false 109. The two major components of economic crime are white collar and ordinary crime 110. 80% of computer security incidents result from insider attacks by dishonest and disgruntled employees 111. Only 1% of computer security incidents annually are attributed to hackers 112. The practice of preventing unauthorized persons from gaining intelligence information by analyzing electromagnetic emanations from electronic equipment such as computers, is often termed tempest 113. In the year 2000, expenditures for private security industry will be $104 billion while public law enforcement expenditures will be only $44 billion by 2000 114. Employment in private security is projected to grow at 2.3% per annum to 2000 while law enforcement growth will be one percent annually 115. The term narcotic in its medical meaning refers to opium and opium derivatives or synthetic substitutes 116. Drug dependence is a condition resulting from repeated use whereby the user must administer progressively larger doses to attain the desired effect, thereby reinforcing compulsive behavior 117. Physical dependence refers to an alteration of the normal functions of the body that necessitates the continued presence of a drug in order to prevent the withdrawal or abstinence syndrome 118. The poppy (papaver somnifferum) is the main source of the non-synthetic narcotics 119. Examples of synthetic narcotics, which are produced entirely within the laboratory, are meperidine and methadone 120. Depressants have a potential for both physical and psychological dependence. Some examples : a. Chloral Hydrate b. Barbiturates c. Benzodiazepines 121. When depressant drugs are used to obtain a high they are usually taken in conjunction with another drug, such as alcohol 122. Stimulants are drugs which may produce a temporary sense of exhilaration, superabundant energy and hyperactivity including extended wakefulness. Examples are cocaine and amphetamines 123. The two most prevalent stimulants are nicotine and caffeine, both accepted in our culture 124. The most potent stimulant of natural origin is cocaine which is extracted from the leaves of the coca plant 125. Excessive doses of cocaine may cause seizures and death. There is no safe dose of cocaine 126. Marijuana refers to cannabis plant parts and extracts that produce somatic or psychic changes in humans 127. The hemp plant grows wild throughout most of the tropic and temperate regions of the world 128. Hallucinogenic drugs distort the perception of objective reality. Examples are: a. LSD b. Mescaline and peyote c. Phencyclidine (PCP) d. Amphetamine Variants (such as DOM and DOB) 129. Long after hallucinogens are eliminated from the body, users may experience flashbacks 130. DOM, DOB, JDA, MDMA, DET and MDA are hallucinogens which are synthesized in the laboratory 131. Another source of hallucinogens (psilocybin and psilocyn) is psilocybe mushrooms 132. Designer drugs are analogues of controlled substances with slight variations in their chemical structure so as not to be specifically listed as a controlled substance 133. A drug is a substance which, because of its chemical make-up, alters the mood, perception or consciousness of the user. All drugs are not illegal. 134. The most abused drug is alcohol and the most used drug also alcohol 135. Tolerance is a body condition wherein ever-increasing amounts of a drug are needed to gain the desired effect 136. The street name for PCP is angel dust 137. The person most likely to become an alcoholic is a white male over 40 who is living alone 138. The following behavioral characteristics are associated with substance abuse: a. Abrupt changes in attendance, quality of work grades and work output b. Attitude changes c. Withdrawal from responsibility d. Breakdown in personal appearance e. Wearing sunglasses at inappropriate times f. Wears long-sleeved garments to hide needle marks g. Association with known substance abusers h. Excessive borrowing of money I. Stealing small items from home, work or school j. Secretive habits 139. Internal Accounting - Audit To insure correctness and accuracy of accounting records Not to detect theft and fraud More losses due to accounting errors than by theft 140. External Audit Valuable because the persons conducting the audit do not know your business / company 141. Financial Aspects CL - Current Liability L/T - Long term Liability 142. Payroll Biggest problem is Ghosting Paying people that dont exist Can use Pay-out to detect Ghosting manually paying each employee Recommended twice a year 143. Internal Cash Best way to handle is using two people at all times to handle cash situations 144. Payables Money owed to vendors 145. Receivables Money owed by customers 146. General Management Line Executives are those who are delegated chain of command authority to accomplish specific objectives in the organization. 147. General Management The security manager, in exercising authority delegated by the senior executive to whom the security manager reports, is exercising functional authority 148. General Management Chain of Command is the path along which authority flows 149. General Management Span of Control - the number of personnel which one individual can effectively control 1 supervisor to 3 employees - ideal 1 supervisor to 6 employees - good 1 supv to 12 employees - Acceptable 150. General Management Unity of Command - means that an employee should be under the direct control of only one immediate supervisor 151. General Management The most common management weakness is the failure to properly delegate responsibility and the authority to carry out the responsibility. 152. Organizational Chart Horizontal plane - indicates the divisions of areas of responsibility Vertical plane - defines the levels of authority 153. General Management Organizational structure should be flexible to be most effective 154. Behavioral Theories Dr. Abraham Maslow developed a five-step process which describes mans behavior in terms of the needs he experiences. These needs are: Food and shelter (basic needs) Safety - such as security, protection and avoidance of harm and risk To belong Ego status - receiving some special recognition Self-actualization, such as being given assignments which are challenging 155. Behavioral Theories Frederick Herzbergs Motivation-Hygene Theory - defined two independent categories of needs - hygene factors and motivators. Hygene Factors - salary, fringe benefits, security (Civil Service), rules and regulations and supervision. Motivators - Challenging assignment, increased responsibility, recognition for work and individual growth 156. Securitys Role Security provides protection services for the organization. The protective service of prevention is a primary service provided. 157. Key Resources Human resources - identification of staffing needs and selection, training, leading, and directing, and retaining of effective personnel Financial resources Administrative resources Operational resources- basic and technology based equipment to complete the mission 158. Budgeting and Planning A budget, a plan in financial terms, is an essential element of management planning and control. Three purposes for budgeting: Estimate the costs and expected revenues of planned activities Provide a warning mechanism when variances occur in actual numbers Exercise uniformity in fiscal control 159. Budgeting and Planning If the contribution of an operating function cannot be quantified or cannot be shown to result in greater net revenue, it is an axiom of sound management that the function be reduced or eliminated. 160. Budgeting and Planning Zero based budgeting requires that the benefits from an activity be weighed against the benefits to be lost if the planned activity is carried out at a lesser level or not done at all. 161. Budgeting and Planning Budgeting approaches can be bottom up and top down or top down and bottom up. Top down and bottom up is preferred by some because senior management initiates the process by establishing acceptable expenditure limits and guidelines prior to detailed planning by middle or operating management 162. Budgeting and Planning Line item budgets - each item is listed by separate line Program budgets - funds are allocated by specific activity Capital budgets - used for infrequently purchased high dollar items 163. Budgeting and Planning Budget costs are classified under one of three categories: Salary expenses - Sundry expenses - all ongoing non-salary expenses capital expenses - for physical improvements, physical additions or major expenditures for hardware. Generally considered one time expenses 164. Budgeting and Planning A budget is also an instrument which records work programs in terms of appropriations needed to put them to work. It is also a management tool which is devised to ensure that work programs are carried out as planned 165. Budgeting and Planning Carry budget out in three dimensions: The operation/project must unfold as planned The operation/project must take place when planned It will not exceed the planned costs. 166. Budgeting and Planning Budgets are normally prepared annually or biannually 167. Planning Planning is an activity concerned with proposals for the future, an evaluation of those proposals, and methods for achieving the proposals 168. Management Management is the activity which plans, organizes and controls activities in an organization 169. M.B.O. Management by objective (MBO) is a systematic way of achieving agreed to goals set ahead of time. 170. Risk Assessment The possibility and probability of a risk resulting in loss depends on the risk itself and the preventative measures taken. Defining the problem Loss event profile Loss event probability Loss event criticality 171. Risk Assessment Methods for handling a risk; Accept Eliminate Reduce Transfer (insurance) 172. Risk Management Crime and incident analysis is one of the first tools to be applied to the assessment of risks in order to determine vulnerability. When assessing vulnerability and the response to risks, PML factors must be considered. 173. Risk Management PML stands for: Possible Maximum Loss - max loss sustained if a given target is totally destroyed or removed Probable Maximum Loss - amount of loss a target is likely to sustain ALE stands for: Annual Loss Expectancy 174. Risk Management Five principal crime risk management methods: Risk Avoidance Risk Reduction Risk Spreading Risk Transfer Risk Acceptance 175. Risk Management Two basic types of protection against crime are: Fidelity and Surety Bonds Burglary, robbery and theft insurance 176. Communications The art of effective communication is the most important skill for successful h. When a job is done poorly, it is usually because the manager failed to communicate clearly. 177. Discipline Means Learning 178. A.S.I.S. Ethics Perform professional duties observe the precepts of truthfulness, honesty and integrity be faithful and diligent in discharging professional responsibilities competent in discharging responsibilities Safeguard confidential information Not maliciously injure reputation of colleagues 179. CPO / LPO Crime Prevention Officer (CPO) a public servant with police powers Loss Prevention Officer (LPO) private sector individual deriving authority from an employer 180. CPTED Crime prevention through environmental design (CPTED) advocates that the proper design and effective use of the building environment leads to a reduction in crime and in the fear of crime. 181. Environmental Security Environmental Security (E/S) is an urban planning and design process which integrates crime prevention with neighborhood design and urban development. Has little or no effect on white collar crime, embezzlement, and fraud 182. Defensible Space by Oscar Newman Territoriality - attitude of maintaining perceived boundaries. Outsider quietly recognized, observer Natural Surveillance - ability of inhabitants of particular territory to casually and continually observe public areas. Image and Milieu - involve the ability of design to counteract the perception that the area is isolated and vulnerable to crime. Safe area - locales that allow for high degree of observation by police 183. Security Survey The cost of protection is measured in: Protection in depth Delay time 184. Internal Theft The greatest ongoing threat to business. 185. Internal Losses Pilferage - stealing in small quantities over a long period of time Embezzlement - taking money/property entrusted to their care Shrinkage - loss of inventory through any means 186. Employee Theft Two major causes of employee theft are: personal problems environment (inadequate socialization) Research indicates that dissatisfied employees are most frequently involved in internal theft. 187. Theft Triangle Consists of three elements: Motivation, and Opportunity, and Rationalization Loss prevention techniques are designed to eliminate the opportunity 188. Security Tools Deter criminal attack Detect attacks that occur Delay attack to allow time for response by authorities Deny access to selected targets 189. Crime Analysis Data Collection Analysis Dissemination Feedback 190. Safety and Loss Prevention Unsafe acts cause 85% of all accidents Unsafe conditions cause the remaining 15% 191. Safety and Loss Prevention Incident - is anything from serious injury to a breakdown in quality control. Accident - is an undesired event resulting in physical harm to a person or damage to property. 192. Management Matrix management uses assets over a wide spectrum of activity by forming ad hoc teams to work on shorter term projects. 193. Liaison A linking up or connecting of parts of a whole in order to bring about proper coordination of activities. 194. Liaison Private security occasionally assists in law enforcement investigations. Providing u/c operators, surv equip, CCTV, money for rewards, O/T pay Information is the most frequently exchanged item. 195. Liaison 10 % to 30 % of all calls for police service were for alarms 95% to 99% are false 196. Liaison By the year 2000, the ratio of private security personnel to public police will be three to one respectively. 197. Economic Crime Financially motivated crime with a direct impact on the economy 198. Economic Crime Indirect costs of economic crime include: Effects on business; Effects on government; and Effect on the public 199. Economic Crime Liability is the largest indirect cost of economic crimes for the past 20 years 200. Substance Abuse Narcotics - effects Generally, there is no loss of motor coordination or slurred speech. 201. Substance Abuse The poppy, cultivated in many countries around the world, is the main source of non-synthetic narcotics 202. Substance Abuse Morphine One of the most effective drugs known for the relief of pain. Codeine It is by far the most widely used natural occurring narcotic. 203. Substance Abuse Thebaine the principal alkaloid in a species of poppy which has been grown experimentally in the U.S. converted into a variety of medical compounds including codeine. 204. Substance Abuse Etorphine and Diprenorphine made from Thebaine Etorphine is more than a thousand times as potent as morphine in its analgesic, sedative and respiratory depressant effect 205. Substance Abuse Hydromorphone Highly marketable with a potency two to eight times as great as morphine. 206. Substance Abuse Meperidine (Pethidine) Probably the most widely used drug for the relief of moderate to severe pain 207. Substance Abuse Narcotic Antagonists A class of compounds developed to block and reverse the effects of narcotics 208. Substance Abuse Chloral Hydrate The oldest of sleep inducing drugs liquid with a slightly acrid odor and a bitter, caustic taste 209. Substance Abuse Benzodiazepines Depressants which relieve anxiety, tension and muscle spasms as well as producing sedation and preventing convulsions. 210. Substance Abuse Stimulants Of all abused drugs, stimulants are the most powerfully reinforcing. 211. Substance Abuse Stimulants The two most prevalent stimulants are nicotine in tobacco and caffeine. 212. Substance Abuse Cocaine The most potent stimulant of natural origin. Designated as a narcotic in the US CSA 213. Substance Abuse Khat Compulsive use may result in manic behavior with grandiose delusions or in a paranoid type of illness, sometimes accompanied by hallucinations. 214. Substance Abuse Alcohol The most used and abused recreational drug. Physical dependence can occur if alcohol is taken regularly in large quantities. 215. Drug Screening Enzyme Multiplied Immunoassay Technique (EMIT) screens easy to administer and relatively inexpensive Gas Chromatography/Mass Spectrometry used for confirming tests Initial positives are confirmed before any personnel action is taken. Confirming tests should be done on the same specimen. 216. Drug Screening To avoid liability in the screening process: Notify all to be tested of the screening process. Get consent from persons tested. Provide prior notice to incumbents that testing is a condition of continued employment. Define the circumstances under which testing is done. 217. Drug Screening To avoid liability in the screening process: Insure a positive identification and chain of custody for specimen collection, identification and handling. Limit dissemination of test results. Maintain an Employee Assistance Program. Regularly verify results from test facilities. 218. A confidential informant is one who furnishes information on the expectation that his/her identity will not be disclosed 219. Questions are the principal tools of interviewing 220. In interviewing, leading or suggestive questions which tend to influence the answers given by a subject should be avoided while asking for the original information. 221. When interviewing, the most efficient means of resolving an issue is to have the questions converge on it by progressing from the general to the specific. 222. The place of an interview should be well-lighted, adequately ventilated, comfortably furnished with a minimum of distraction 223. All admissions or confessions must be voluntary 224. An interview is the questioning of a person who has or is believed to have information of official interest to the investigation Whereas An interrogation is the questioning of persons suspected of having committed offenses or of persons who are reluctant to make full disclosure of information in their possession and pertinent to an investigation 225. As a general rule, the investigator does not take notes during the interrogation in order to keep from disrupting the interrogators rhythm. 226. The most positive means of identifying people is the science of fingerprints 227. To a large measure, the success of a polygraph examination depends upon the professional capabilities of the investigator 228. Control Questions are used in polygraph examinations to determine whether the person is a suitable subject for the polygraph test and whether capable of producing a specific physical response 229. In crime scene searches, the first thing for the investigator to do is provide for any needed medical attention and protect the scene 230. Types of crime scene searches are: a. Circle search b. Strip search c. Grid search d. Zone or sector search 231. The most important rule in crime scene photography is to photograph all evidence or possible evidence before anything is moved or touched 232. With regard to the collection of evidence, Chain of custody is a chronological written record of those individuals who have had custody of the evidence from its initial acquisition until its final disposition 233. A Questioned Document is a document whose genuineness is questioned, normally because of origin, authenticity, age or circumstances under which the document was written 234. An exemplar is a document requested by the investigator which duplicates the text of a questioned document and is known to be the product of a particular person or machine 235. There is no specific format for the taking of notes required during an investigation 236. Written statements used in recording investigative facts are primarily of the following types: a. Affidavit b. Question/answer statement c. Unsworn statements d. Memorandum of interview 237. There are many qualifications to be a good undercover investigator such as: a. Willingness to do the job b. Self-confidence c. Resourcefulness and adaptability d. Initiative and judgment e. Patience 238. Probably the most important aspect of an undercover operation is a credible cover or background story used by the undercover agent 239. Knowing when and how to close an undercover operation is as important as knowing how to start and proceed 240. The three most frequently used investigative techniques are: a. Informants b. Surveillance c. Undercover 241. There are two major types of surveillance: a. Physical b. Technical 242. Surveillance is defined generally as the secretive and continuos observation of persons, places and things to obtain information concerning the activities and identities of individuals 243. One of the most important qualifications of the person selected to conduct a physical surveillance is to be able to blend into the environment with normal appearance 244. One of the most important rules of physical surveillance is: DONT LOOK THE SUBJECT IN THE EYE 245. As a general rule, sensitive investigative reports, such as undercover reports, should be disseminated on a: need-to-know basis 246. The primary type of evidence to be collected at a crime scene is that which is relevant 247. A knowledge of basic accounting terms is necessary in white-collar investigations. Two important terms are: a. Accounts payable money owed to suppliers b. Accounts receivable money owed by customers 248. One of the most common errors made in the interrogation of a subject in a larceny case is failure to ask if he/she stole the object 249. An open-ended question affords the interviewee opportunity to reply in a narrative fashion A closed-ended question restricts an interviewee in the amount of information given during a reply 250. A friendly approach is considered to be the most productive in interviews 251. Many experts feel that the reason a person steals the first time is because the opportunity was present 252. Searching motor vehicles for contraband poses special problems. One area often overlooked is the hub caps of a vehicle. 253. Counterfeiting of checks and other documents has increased primarily because of sophistication of color-copying machines 254. An oral confession, as well as one which is not signed, still has legal value 255. Proprietary Resources 1. It is better to staff a proprietary investigative unit with personnel who have acquired prior investigative experience 2. The investigators job should be regarded as an exempt job because it is considered to be professional to the extent it requires special preparation 256. Proprietary Resources 3. The two most important expensive items in the budget of an investigations unit are: Personnel costs Communications cost 257. Evidence In obtaining known specimens of hair from victim and/or suspect, submit at least 50 hairs from various areas of the head A questioned specimen of writing should be placed in a cellophane envelope and sealed 258. Evidence Charred documents should be placed on top of loose cotton in a box and delivered to the laboratory in person 259. Interviews and Interrogations The techniques most commonly used during an interrogation are: Sympathetic Logic and reasoning 260. Interviews and Interrogations Two main approaches used in interrogations: Indirect approach exploratory in nature Direct approach suspects guilt is reasonably certain 261. Devices to detect deception Polygraph records changes in respiration, blood pressure, pulse and skins sensitivity to electricity Psychological stress evaluation does not require body attachment It records and analyzes stress-related components of the human voice with or without knowledge of individual being tested 262. Devices to detect deception Voice analyzer does not require body attachment Records sub-audible tremors in speech on a digital tape Processes speech electronically and provides immediate results for single or multiple-word questions 263. Surveillance A surveillance can be either covert or overt Two basic forms of surveillance Physical - done by humans Technical - done by technical and electronic equipment The most difficult type of surveillance is the moving surveillance. This entails following the subject wherever he goes 264. Claims Investigations Interviews in claims investigations should result in obtaining statements A claims report serves several purposes: Provides a permanent record Provides a summary of all claims Brings together the various parts of the file 265. Embezzlement One of the most effective counter-measures against embezzlement is a disciplined environment with appropriate audits and other appropriate safeguards 266. Fraud The most difficult type of fraud to deal with is the fraudulent accident/injury claim, because no preventive measure can be effectively instituted 267. Espionage The unethical practice of one company to learn the secrets of their competitors 268. Explosions An explosion is defined as a sudden, violent and noisy eruption, outburst or discharge by materials acted upon with force such as fire, shock or electrical charge which causes the material, either solid or liquid, to convert into gas and violently expand or burst 269. Explosions Three basic rates of explosions are: Flash fire Explosions Detonations multiple or compounded explosions 270. Explosions Two general types of substances with detonation capabilities: Low explosives - Black powder, nitrocellulose, smokeless powder High explosives - nitroglycerin, dynamite, nitro starch, TNT, picric acid, mercury fulminate, tetryl, lead azide nitromannite 271. Sabotage Investigation Any willful act designed to hinder or obstruct the purposes for which a company operates. It is very difficult to identify and prove acts of sabotage. A common method of sabotage is arson Quite effective and tends to destroy evidence 272. Theft investigation An effective loss control program will do much to prevent internal theft. 273. Undercover Investigation Placement technique: The method to place the agent in the undercover role. The job must cover the area involved, have few controls and allow the investigator to appear ordinary. The tailor- made job should be avoided 274. Undercover Investigation Costs: Include the nominal wage paid to the agent(s), the payroll taxes, and the fee paid to the agency. The expense is the reason for daily reports and informed control. Use undercover investigation when there is no alternate method available 275. The basis for any industrial espionage prevention program is protection of information 276. There are many kinds of information which a company would like to keep in a confidential status but not all such information could be classified as trade secrets 277. One definition of trade secret is information including formula, pattern, compilation, program, device, method, technique or process that; a. Derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means, by other persons who can obtain economic value from its disclosure or use, and b. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. 278. Proprietary information is information of value owned by or entrusted to a company which relates to the operations of the company and which has not been disclosed publicly 279. A trade secret is part of a companys proprietary information but not all propriety information necessarily fits the definition of trade secret information 280. Generally trade secrets are given a higher degree of legal protection than other proprietary information 281. There are three basic requirements of a trade secret a. Must be of competitive advantage b. Must be secret c. Must be used in the business of the owner 282. Information must meet the following requirements to fit the definition required of a trade secret a. Must be specifically identifiable b. Cannot be found in publicly accessible sources c. Should be disclosed by owner only to those under a duty to protect secrecy d. Persons afforded knowledge of secret information must know it to be confidential e. The owners must be able to show they have instituted adequate protective measures to safeguard secrecy of date 283. Unless the owner of a trade secret can furnish proof of diligent care in the protection of a trade secret, such trade secret may be lost 284. Patent laws provide that an inventor who first develops a new machine, manufacturing process, composition or matter, plan or design that is sufficiently novel and useful can apply for and receive an exclusive right to that invention for a period of 17 years 285. Inadvertent disclosure probably is the chief reason for loss of information about sensitive operations 286. One method important in protection of sensitive information is installing an effective awareness program to assure all employees are aware of the existence of sensitive data in the company and their responsibilities in protecting such 287. Another important protective device is the use of nondisclosure agreements(employee patent and secrecy agreements) from employees in which the employees acknowledge their fiduciary responsibility 288. A non-competitive agreement is agreement on part of employee upon leaving employment of one company that the employee will not accept employment with a defined competitor for a stated period of time 289. A telephone instrument may also be utilized as a listening device 290. In an electronic countermeasure survey, note that light switches and electrical outlets are favorite places to install listening devices 291. Most loss of proprietary information occurs because of negligence 292. One very important protective measure used to safeguard sensitive data is to disclose such only in a need-to-know basis 293. through industrial espionage methods or other methods of outside theft accounts for a smaller loss than through negligence; however, the loss through outside theft is more dangerous because the data stolen is usually the most valuable 294. One of the biggest problems in designing a proprietary information protection program is caused by the large amount of vital data processed and analyzed electronically 295. Employees are the greatest vulnerability in a proprietary information protection program. Accordingly, an employee awareness program is necessary whereby they are educated with regard to their responsibilities in protecting sensitive data. 296. Definitions Proprietary Information Information over which the possessor asserts ownership and which is related to the activities or status of the possessor in some special way 297. Definitions Patent A government grant conveying and securing the exclusive right to make, use, and sell an invention for a term of years (seventeen) 298. Trade Secret A trade Secret is a process or device for continuous use in the operation of the business For trade secret protection, must prove Secrecy Value Use in the owners business 299. Trade Secret Trade Secret information is entitled by law to more protection than other kinds of proprietary information 300. Trade Secret The following are not trade secrets: Salary information Rank surveys Customer usage evaluation Profitability margins Unit costs Personnel changes 301. Trade Secret / Patent A trade secret remains secret as long as it continues to meet trade secret tests but the exclusive right to patent protection expires after 17 years 302. Trade Secret / Patent Since anyone can purchase a patent, there are not industrial espionage targets in a patented invention Trade Secrets are targets 303. Proprietary Information Two approaches used to deal with P.I.: Property Concept regards the information as having independent value if it amounts to a trade secret Fiduciaries Imposition of duties upon certain classes of people, other than the owner not to use or divulge info without owners consent. 304. Proprietary Information There are 3 broad threats to proprietary information: It can be lost through inadvertent disclosure It can be deliberately stolen by an outsider It can be deliberately stolen by an insider 305. Competitive Intelligence Gathering The most important function of competitive intelligence gathering is to alert senior management to marketplace changes in order to prevent surprise 306. Competitive Intelligence Gathering A rich source of information is in the information provided to government regulators Never reveal information to anyone that you would not reveal to a competitor 307. Industrial Espionage Industrial espionage is the theft of information by legal or illegal means. It is more dangerous than inadvertent disclosure by employees in that highly valuable information is stolen for release to others who plan to exploit it. 308. Protection Programs The vulnerability assessment is conducted from the perspective of the competitor and considers: What critical information exists The period of time when the information is critical. This may be a short period or may be for the life of a product The identity of employees and indirect associates who have access to the information 309. Eavesdropping Tactics & Equipment Wiretapping - is the interception of communication over a wire w/o participants consent and requires physical entry into the communication circuit Bugging - interception of communication w/o participants consent by means of electronic devices and w/o penetration of a wire. 310. Eavesdropping Tactics & Equipment Eavesdropping is a psychological traumaticEmployee experience for the victim. It is the most devastating of espionage techniques. 311. Wired microphones Carbon microphone commonly used in a standard telephone handset Crystal microphone generates a small electrical current when the crystal is vibrated by sound waves Contact microphone installed on a common wall with the target area 312. Wired microphones Spike microphone installed in a hole in the common wall (not fully through) Dynamic microphone movement of a small wire near a permanent magnet converts sound into electrical energy. Good eavesdropping device which operates as a loudspeaker in reverse 313. Wired microphones Pneumatic cavity device has a specially designed small cavity which picks up surface vibrations. (Glass tumbler effect) Condenser microphone high fidelity use. Fragile and sensitive Electret microphone used primarily in P.A. and audio recording. (Extremely small) 314. Wired microphones Omnidirectional microphone used in conferences. Picks up sound from many directions around the room Cardioid microphone picks up sound from directly in front of mic Parabolic microphone gathers audio energy and directs it to a conventional microphone in the center of a dish-type reflector 315. Wireless microphones A radio frequency (RF) device. Consists of: A microphone A transmitter A power supply An antenna; and, A receiver 316. Light transformation 1. Infrared light wave transmissions use light waves invisible to the human eye. Sound waves are converted to electronic impulses and the pulses are used to modulate infrared light waves. Similar to a TV remote 317. Light transformation 2. Laser (Light Amplification by Stimulated Emission of Radiation) transmission of sound does not require any equipment in the surveillance area. A laser beam focused on a window pane or a reflective object in the room. The vibrating glass modulates a reflected laser beam. Rarely used due to interference. 318. Light transformation 3. Fiber optic laser transmission uses a communications grade glass fiber, filled with laser light, routed through the surveillance area. Sound waves cause the fiber to vibrate slightly, altering the laser light. 319. Electromagnetic radiation Detectable electromagnetic energy is generated by electronic information processing devices. Detection is possible for several hundred feet. The faraday cage or tempest shielding is used for very sensitive equipment. 320. Telephone eavesdropping Digital systems - originally thought to be secure: Digit stream can be recorded and converted to analog and speech. The control system is available from an on-site terminal or from off-site through the network. (Remote Maintenance Access Terminal) (RMAT) 321. The Eavesdropping Threat Risk for the electronic eavesdropper is low: electronic eavesdropping is easily committed chances are low that victim will find the device chances low, if found, can be tied to eavesdropper prosecution of eavesdropping cases is rare; and, the reward far outweighs the risk 322. Miscellaneous Plenum space above a dropped ceiling Variable Path Encryption (VPE) is particularly useful to secure cellular signals. A call is made to a toll-free number of the VPE provider. A unit attached to the cellular set and a unit at the VPE provider alter the communication between them. The signal is sent in the clear from the VPE provider to the intended destination of the call 323. Miscellaneous Time domain reflectometry an electronic picture of the telephone line at a given time which is compared to the same line at a future time 324. Miscellaneous Audio masking generation of noise at the perimeter of the secure area to cover or mask conversation. Music is not used; white or pink noise is not as easily filtered from the tape 325. In implementing an asset protection program, one primary objective should be to motivate all employees to become part of the protection program 326. All asset protection programs should provide for adequate feedback on the part of participants 327. Although the chief executive in charge of asset protection should have knowledge of security procedures and techniques, it is more important that such executives be able to manage and implement the required systems approach 328. The three basic security processes are: a. Information b. Physical c. Personnel 329. Of the three basic security processes, personnel security is considered to be the most critical 330. The basic elements of the personnel security process are: a. Protects the organization against undesirable persons through appropriate recruitment and hiring safeguards b. Protects the organization against dishonest employees through appropriate control safeguards c. Protects employees from discriminatory hiring or termination procedures 331. In screening an applicant for a potential position, the most expensive technique should be conducted last. For example, an applicant should be interviewed before conducting a background investigation 332. Some deception practices to be on the lookout for on applications during the screening process prior to hiring are: a. Use of the term self-employed to hide a negative period of time b. Failure to sign the application c. Failure to list supervisor d. Gaps in employment or residence 333. The concept of security awareness is primarily a state of mind. It is not the same as either training or education but is definitely related to both 334. One well known honesty test is the Reid Report. This is a written honesty test designed to reveal a persons trustworthiness and attitude toward honesty 335. A popular psychological test used by employees in personnel screening procedures is the Minnesota Multiphasic Personality Investor (MMPI). This test is designed to show habits, fears, sexual attitudes, depression, and evidence of social introversion. 336. The two major tools used in employee selection procedures are: a. The application b. The interview 337. but necessary in the personnel security process. The major purposes of this type of investigation are: a. To verify information on the application form b. To ascertain past employment experience c. To obtain other information pertinent to hiring decision either derogatory or positive 338. The theft triangle sides consist of: a. Motive b. Desire c. Opportunity 339. As a general rule, the questions relating to the following should not be asked of applicants during the screening process in order to conform to equal employment opportunity rules and regulations: a. Race or ethnic background b. Age, sex or marital status c. Religion d. Children e. Disability 340. Approximately 10% of the completed applications will have falsifications serious enough for management review before making an offer of employment Rule of Ten 341. The most important information gathering tool in a background investigation is the completed application form 342. As a general rule, no application more than 90 days old should be considered without a re-interview of the applicant 343. The principal behind integrity tests is that an individual who has developed strong attitudes towards honesty is less likely to engage in dishonesty than an individual who possesses weaker attitudes towards dishonesty. 344. Employment gaps of more than one month must be explained 345. The job description for a position must include accurate specifications and genuine skill requirements which are described concisely and without prejudice. 346. Purpose and Function Personnel Securitys primary purpose is to insure that a firm hires employees best suited to assist the firm in achieving its goals, and after hired, assist in providing the necessary security to the employees while they are carrying out their functions 347. Purpose and Function Vulnerability to losses caused by employees is measured in part by the character of the employees, their awareness of assets protection requirements, and their motivation to cooperate Personnel Security is the most critical because theft is committed by people 348. The Job Description Accurate job specifications increase objectivity in making selection decisions and reduce the likelihood that irrelevant criteria and personal bias will influence the decision 349. The Application There are virtually no restrictions on what can be asked of an individual once an offer of employment has been made. 350. Education Approximately 5 % of all professional applicants falsify some aspect of their educational background. 351. Interview A personal interview of each applicant should be conducted by an trained interviewer 352. Background Investigation Should be completed prior to allowing the applicant to commence employment The most important information gathering tool in a background investigation is the completed application form 353. Background Investigation At least five consecutive immediately preceding years of employment are verified Personal contact is by far the most desirable method of investigation 354. Psychological Testing A process whereby a subjects reaction to a future situation is predicted by an analysis of his/her responses to a questionnaire. 355. Psychological Testing Types of psychological tests Skills and Aptitude tests for office, clerical, production and service positions Personality Inventories those with access to dangerous facilities Integrity Surveys for retail, leisure, hotel, financial, and fast food positions 356. Psychological Testing Integrity tests can be clear purpose tests which ask direct questions or veiled purpose tests in which it is not obvious that integrity is the primary concern. 357. Psychological Testing Integrity tests can be: pre-employment tests which measure the applicants attitude toward counterproductive work behavior Incident specific questionnaires which are used to determine who committed a specific act Persons who find these tests offensive are twice as likely to admit to a criminal or drug abuse behavior or to display counterproductive work attitudes 358. Miscellaneous Matters Military service should be confirmed by having the applicant submit a copy of the service record forms. Bonding is used by some firms as a type of insurance in the event that the company internal controls prove ineffective and a loss occurs. Bonding should never be considered as an alternative to an effective security program 359. The Bill of Rights is the first ten amendments to the Constitution of the U.S. 360. First amendment provides for freedom of speech, religion, press, assembly and to petition the government 361. Second amendment provides the right to keep arms (weapons) 362. Forth amendment prohibits unreasonable searches and seizures and also sets out the requirement that a warrant be supported by probable cause 363. Fifth amendment prohibits double jeopardy, compulsory self incrimination, and deprivation of life, liberty or property without due process 364. Sixth amendment provides that the accused have a speedy public trial, know the charges against him, confront witnesses against him, have compulsory process to obtain his witnesses, and have assistance of a counsel for his defense 365. Seventh amendment provides the right to trial by jury 366. Eighth amendment prohibits excessive bail, excessive fines and cruel and unusual punishment 367. Miranda warning must be given before custodial interrogation. The suspect is advised: a. You have the right to remain silent b. Anything you say may be used against you c. You have the right to contact an attorney d. If you cannot afford an attorney, one will be provided free of charge 368. Generally, Miranda warnings need not be given by security officers 369. The crime of robbery is the unlawful taking of property from the immediate possession of another by force or the threat of force 370. Larceny is the unlawful taking of property from the possession of another with the intent of depriving the owner of it permanently 371. Vicarious liability is the legal concept which holds the employer, as well as the employee, liable if the wrong was committed while the employee was acting within the scope of employment 372. Vicarious Liability An employer may avoid liability for the tortious acts of another if the hiring contract is such that the relationship of independent contractor on the part of the tort feasor has been established. 373. Vicarious Liability But, the employer may be held liable for the acts of an independent contractor when: The work contracted for is wrongful per se The work contracted for is a public nuisance The work contracted for is inherently dangerous The act of the independent contractor violates a duty imposed on the employer by contract. The wrongful act by the independent contractor violates a statutory duty. 374. Respondeat superior is the legal rule that an employer is responsible for the action or lack of action of an employee taken within the course of employment. Respondeat Superior (Let the master respond) 375. Basic Aspects Respondeat Superior: The right of control and not necessarily the exercise of that right is the test of the relation of the master to the servant. 376. Note the difference between a crime and a tort. A crime is a violation of the governments penal laws; whereas a tort is a legal wrong done to another person (a civil wrong) No agreement between parties is required. 377. A crime can also be a tort examples: battery trespass assault 378. Most crimes are of two primary types; a. The federal definition of a felony is: a crime punishable by imprisonment for a term exceeding one year b. A misdemeanor is any crime which is not a felony 379. Corpus delicti is a legal term for the body of the crime or the elements of the crime which must be proved. It does not mean a dead body 380. Treason is the only crime specifically mentioned in the U.S. Constitution 381. The criminal code of the United States is found in Title 18 382. There are no Federal common law crimes 383. Essential elements of the crime of negligence: a. A duty owed by the defendant to the injured party b. A violation of that duty by failure to follow a required standard of conduct c. A causal connection between the negligent conduct and the harm d. Actual loss or damage to the plaintiff 384. A fidelity bond is insurance on a person covering that persons dishonesty 385. Strict liability refers to the legal concept that one may be held responsible for some acts without the necessity to prove criminal intent (mens rea). Strict liability statutes are usually in the areas of public health, safety and welfare and they are generally classified as mala prohibitum 386. Compensatory damages are actual damages directly related to the amount of the loss 387. Punitive damages are designed to punish the defendant and to deter him, and others, from a repetition of the wrongful act 388. Generally, searches by security officers are not subject to constitutional regulation under the 4th Amendment 389. In judging whether certain conduct is negligent, the law uses the standard of reasonableness. The reasonable person is one of ordinary prudence who exercises due care in a situation such as that under litigation 390. Deadly force, as a general rule, should be used by law enforcement officers as a last resort and then only when the life of the officer or another person is in jeopardy 391. An express contract is one which is clear, definite, direct, and spelled out by explicit words 392. An implied contract is one which is not spelled out clearly by explicit words, but is interpreted by analyzing surrounding circumstances or the actions of the persons involved 393. Entrapment is a defense in which the defendant alleges that he was induced by government officers or agents to commit a crime which he would not have committed without the inducement 394. Statements made by subjects being interrogated must be voluntary 395. The concept of the grand jury originated in England 396. An indemnity bond is an insurance contract designed to reimburse an individual or organization for possible losses of a particular type 397. A citizens arrest is an arrest by a private person, rather than by a public law enforcement officer. This authority originated at common law and is the authority of most arrests by proprietary and contract security officers 398. A law enforcement officer may arrest for a felony based solely on probable cause. 399. A private security officer may arrest for a felony based in probable cause, but there is no margin for error; otherwise, a suit for false arrest may be litigated 400. The plain view doctrine holds that if police, in the course of lawful duty, recognize a plainly visible item as evidence of a crime, the item may be seized and admitted in a criminal trial 401. Probable Cause is that combination of facts and circumstances which would warrant a person of reasonable caution and prudence to believe that a crime has been committed and that the person to be arrested is the one who committed the crime. 402. The Supreme Court of Terry v. Ohio authorized stop and frisk technique without probable cause where an experienced officer had good reason to suspect criminal activity which was dangerous to the officer or others 403. The undercover agent must know the law regarding entrapment. Entrapment is defined as the acts of officers of the government in inducing a person to commit a crime not contemplated by him/her in order to initiate a criminal investigation 404. Under no circumstances will an undercover agent be permitted to engage in malum in se crime such as murder, burglary, rape, arson, robbery, etc. 405. The Fair Credit Reporting Act, among other things, requires written notice to the applicant prior to an investigation by a third party (Consumer Reporting Agency) 406. As a general rule, it is permissible to ask about possible convictions but not arrests on the employment questionnaire 407. Basic Aspects Civil law is the statutory and common law in which private rights and remedies are found. Of the 50 titles of the United States Code, 49 deal primarily with civil matters. 408. Basic Aspects Express Contract is an actual agreement of the parties, the terms of which are openly uttered or declared at the time the contract is made. Implied Contract is one not created or evidenced by the explicit agreement of the parties, but is inferred by law. 409. Basic Aspects Price is the dollar value stated in the contract. Reasonable value is the dollar value of goods and/or services determined by a court or arbitrator. 410. Basic Aspects In the transportation of goods, recovery of damages may be estopped by a time bar clause in the shipping documents (contracts). 411. Basic Aspects The concept of tort liability operates to: Compensate a victim for his loss Act as a deterrent for future conduct of the same kind Serve as evidence of societys disapproval of the wrong 412. Basic Aspects The basic elements of intentional tort liability are: An act or omission Which brought about the intended result 413. Basic Aspects Examples of intentional torts: Battery Assault False imprisonment Trespass to land or to chattels (Conversion) Fraud / Misrepresentation Defamation Invasion of privacy 414. Basic Aspects Generally, proprietary security officers are servants, whereas contract security personnel are employees of the supplying agency and therefor may not be considered servants of the employing organization. 415. Stare Decisis The Law of Precedence 416. Felony Federal statutes provide for five classes of felonies ranging is punishment from imprisonment for a term exceeding one year to death or life imprisonment. 417. Misdemeanor Three classes of misdemeanors: Class A - One year or less but more than 6 months Class B - Six months or less, but more than 30 days Class C - Thirty days or less, but more than 5 days 418. Infraction Federal statutes provide for one class of infraction for which the penalty ranges from 5 days or less imprisonment to no authorized penalty. 419. Mala in se Those crimes which are bad in themselves, ie... Murder Rape All Common Law crimes were mala in se. 420. Mala prohibita Those acts which are considered offenses by the passage of statutes. Generally no criminal intent is required; the mere accomplishment of the act is sufficient for criminal liability. 421. Corpus delicti The body of the crime. The combination of the elements which provide proof of the crime is the corpus delicti. Consists of: Mens Rea (criminal intent) Actus Rea (the forbidden act) Coming together of the above two 422. Law of Causation There must be a cause and effect relationship between the act of the accused and the resulting harm. The Law of Causation - a person is presumed to intend the natural and probable consequences of his act. But, the accused takes his victims as he finds him. 423. Motive Motive is not an essential part of a crime; it is not part of the corpus delicti. 424. Most crimes require the combination of an act and an intent, which must be simultaneous. 425. Negligence differs from recklessness, in that in recklessness, conduct is governed by the actual state of mind of the accused. 426. Alibi The alibi defense is one of physical impossibility. The testimony of an alibi witness must cover the entire time of the crime. 427. Mistake of Fact The Mistake of Fact defense is used when one commits a violation of the law in good faith with a reasonable belief that certain facts existed, which would make the act innocent if indeed they did exist. 428. Laws of Arrest The basic elements which constitute an arrest are: A purpose or intention to effect the arrest An actual or constructive seizure or detention of the person to be arrested A communication by the arresting officer to the arrestee of his intention to place him under arrest. An understanding by the person to be arrested that he is being arrested. 429. Laws of Arrest The mere words you are under arrest: will not satisfy the seizure or detention element of arrest. 430. Laws of Arrest A warrant is an order for the arrest of a person. A summons directs the defendant to appear before a court at a stated time and place. 431. Laws of Arrest When a private citizen acts in aid of a known law enforcement officer, the citizen has the same rights and privileges as the officer and is protected from liability even if the officer was acting illegally. 432. Laws of Arrest Generally, private citizens may arrest any person who has committed an offense in their presence or for a felony not committed in their presence. BUT, the arrest can be justified only by further showing that the felony was actually committed by the person arrested. 433. Search and Seizure The Exclusionary Rule excludes evidence, otherwise admissible, obtained by methods which violate Constitutional guarantees of the Forth Amendment which protects an individual in his person and property. 434. The Tainted Fruit of the Poisonous Tree doctrine is that any and all evidence obtained as a result of an unreasonable search cannot be used against the accused. Any other evidence obtained as a result of the original unlawful invasion is dubbed the tainted fruit of the poisonous tree and may not be used against the person whose privacy was violated. 435. 4th Amendment The 4th Amendment does not specifically authorize a search without a warrant. We have legal searches without a warrant because of court decisions. 436. Searches A private security officer has only the search authority of a private citizen. The Fourth Amendment does not apply to searches by private persons. Evidence discovered by private search is admissible in a criminal trial and is not subject to the Exclusionary Rule. 437. Confession / Admission A confession is a statement in which a person acknowledges guilt of a crime. An admission is a statement in which a person admits a fact or facts which would tend to prove him guilty of a crime, but which does not constitute a full acknowledgement of guilt of a crime. 438. Confession / Admission The fundamental test regarding the use of confessions and admissions is the free and voluntary test. 439. Federal Bureau of Investigation (DOJ) Investigative Jurisdiction over Federal criminal violations and concurrent jurisdiction with the DEA on Narcotics and Dangerous Drugs. Includes the: National Depository of Fingerprints; National Crime Information Center (NCIC); National Center for the Analysis of Violent Crime; 440. Federal Bureau of Investigation (DOJ) National Center for the Analysis of Violent Crime; Violent Criminal Apprehension Program; Forensic Science Training and Research Center; National Bomb Data Center 441. U.S. Marshalls Service (DOJ) Operational priorities include: Physical security for Federal courts Custodian of Federal evidence Service of Federal Criminal and civil process Witness-protection program Federal Assets Forfeiture and Seizure Transportation of Federal prisoners Conduct fugitive investigations 442. Immigration and Naturalization Service (DOJ) Responsible for administering U.S. Immigration and Naturalization laws. Regulates non-resident aliens Determines admissibility of aliens into this country. Handles deportation proceedings 443. U.S. Secret Service (Treasury Department) Responsible for the protection of the President, Vice-President and their families as well as other designated persons. Investigative responsibilities include counterfeiting, credit card fraud and bank failures 444. Customs Service (Treasury Department) Enforces customs-related laws and regulations Collect import duties. 445. Internal Revenue Service (Treasury Department) Administers and enforces Federal tax laws. Special intelligence division investigates organized crime, gambling, and tax stamp violations. 446. B.A.T. F. (Treasury Department) Bureau of Alcohol, Tobacco and Firearm Administration and enforcement of U.S. gun and explosive laws. Training and investigative assistance in arson and bomb investigations. Trace of weapons for law enforcement agencies 447. Defense Investigative Service (Department of Defense) Administers the Defense Industrial Security Program. 448. F.E.M.A. Federal Emergency Management Agency An independent agency Primary responsibility of dealing with disaster planning. 449. F.E.M.A. The Director of FEMA reports to the President and works closely with the National Security Council, Cabinet, and White House staff 450. Coast Guard (Department of Transportation) Security and safety of ports. Investigations of marine-related accidents, casualties and violations. Safety standards for commercial vessels. 451. Federal Aviation Administration (Department of Transportation) Issue and enforcement of rules and regulations for air commerce and air safety. Certification of airports and inspection of air-navigation facilities. 452. Federal Highway Administration (Department of Transportation) Regulatory jurisdiction over safety and performance of commercial motor carriers engaged in interstate commerce. Authorized to investigate violations of: 453. Federal Highway Administration (Department of Transportation) Highway Safety Act Interstate Commerce Act Explosive and Dangerous Articles Act 454. U.S. Army Corp of Engineers Flood control planning should be coordinated with the U.S. Corp of Engineers. 455. NOAA Progressive situation reports of floods are available from the National Oceanic and Atmosphere Administration (NOAA). 456. National Weather Service The NWS begins issuing hurricane advisories as soon as there are indications a hurricane is forming and it is given a name. The purpose of an advisory is to: Tell where the storm is located Intensity of winds Speed and direction of movement 457. Bureau of Vital Statistics Records of births, marriages and deaths 458. The Age Discrimination in Employment Act of 1967 Prohibits discrimination against applicants or employees over 40 years of age. 459. Equal Pay Act of 1963 Requires that employees receive equal pay for equal work, requiring equal skill, effort and responsibility regardless of sex; however, the employer may pay different rates at different establishments. 460. The National Labor Relations Act Known as the Wagner Act The basic test of an unfair labor practice is whether it results in coercion or discrimination prohibited by the labor act. 461. The National Labor Relations Act Management representatives may not attend a union meeting. Undercover operations are neither conducted nor authorized where and when labor organizing efforts or labor problems are occurring. 462. The National Labor Relations Act Advise security personnel that their actions will be considered employer actions. 463. The National Labor Relations Act When an employee reasonably believes that an interview may lead to or result in disciplinary action and requests that a union representative be present, union representation must be allowed (The Weingarten Rule). 464. The National Labor Relations Act Management is not required to advise an employee of this right of representation or to bargain with the union representative. 465. The National Labor Relations Act The NLRA specifically provides that guards and non-guard employees cannot be members of the same bargaining unit. 466. The Labor Management Relations Act Known as the Taft-Hartley Act Forbids unions from: Coercing an employer to pay for work not performed (Featherbedding) 467. Labor Management Reporting and Disclosure Act Known as the Landrum-Griffin Act Established safeguards and restrictions on union officers and management conduct regarding their members, also prohibits either union or employer from Hot Cargo agreements. 468. Labor Management Reporting and Disclosure Act A Hot Cargo agreement is defined as one where the employer agrees to cease doing business with any person or to cease dealing in any products of another employer. 469. Strikes Economic Strike - The most frequent type takes place where there is a vote to stop work because a satisfactory employment agreement has not been negotiated. Economic strikes must be preceded by at least a 60-day notice that the union desires to modify the existing collective bargaining agreement. 470. Strikes The Unfair Labor Practice Strike When strikers strike to force discontinuance of an alleged violation by an employer of the labor law. This type of strike permits no time for effective planning by security. All striking employees who request to return to their jobs must be allowed to do so by their employer. 471. Strikes Three phases of security involvement during strikes: Pre-strike planning stage Strike operation plan phase Post-strike intelligence phase 472. Strikes The main goals of the security force during labor disturbances should be: To lessen potential for violence To adequately deal with violence when it occurs To prevent death, injury, and damage to property To maintain order To preserve the integrity of the work site. 473. Strikes The security strike operations plan is a comprehensive statement of all policies, procedures and activities to be done during the strike period. 474. Strikes The security strike operations plan The plan should be made available to each security supervisor and higher manager. It should not contain sensitive information Effective planning of access control indicates uses the fewest entries possible and those used should be located where easily policed. Management should develop a prior policy, which is understood and adhered to by all parties, regarding arrests during a strike. A sound policy would be not to agree to amnesty for serious offenses (felonies). 475. Strikes The chief weapon of the strikers is the ability to discourage people from entering plant premises and to prevent movement of goods and materials to and from the plant. 476. Strikes Lockout - is the refusal of management to allow members of the bargaining unit on the premises. A lockout may be used legally in the face of an imminent violent strike; however, notice of a lockout must be given to the bargaining unit or a charge of unfair labor practice could result. 477. Occupational Safety and Health Act (OSHA) The Williams-Steiger Occupational Safety and Health Act (29 USC 651-678) was signed into law in December 1970 and became effective on April 28, 1971. The primary responsibility for administration of this act falls upon the Department of Labor. 478. Occupational Safety and Health Act (OSHA) The statute states that every employee affecting Firearm is subject to the provisions of OSHA. This means just about all employees in every industry are covered. One exception is the mining industry. 479. Occupational Safety and Health Act (OSHA) The general purpose of OSHA is to provide safe and healthful Firearm conditions for employees. All businesses are required under OSHA to have a person or persons trained in first aid available. 480. Occupational Safety and Health Act (OSHA) OSHA Form #200 - a log and summary of occupational injuries and illness. OSHA Form #101 - a supplemental record of occupational injuries and illness. 481. Occupational Safety and Health Act (OSHA) An injury results from a single incident. A one time chemical exposure is an injury. An illness is an abnormal condition or disorder caused by exposure to environmental factors in employment. 482. Occupational Safety and Health Act (OSHA) Records on all work-related deaths, injuries, and illnesses must be current and must be available to Labor Department inspectors upon request. All records concerning injury/illness must be maintained for at least 5 years. 483. Occupational Safety and Health Act (OSHA) If an on-the-job accident results in the death of an employee or the hospitalization of 3 or more employees, the nearest OSHA office must be contacted within 8 hours. 484. Occupational Safety and Health Act (OSHA) In Marshall vs. Barlow, the Supreme Court held that officials of OSHA cannot inspect businesses without first obtaining warrants. This ruling does not apply to a few specialized industries such as firearms and liquor industries. 485. Occupational Safety and Health Act (OSHA) It is not necessary for OSHA inspectors to show probable cause to obtain a warrant. The inspectors only must show that the inspection is part of a general administrative plan to enforce the safety laws. 486. Occupational Safety and Health Act (OSHA) When they find conditions of imminent danger, compliance officers may REQUEST, not demand shutdown. 487. Occupational Safety and Health Act (OSHA) Most citations allege violations of specific safety and health standards or of the posting and record keeping requirements.