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By Brandon Gregg, CPP
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CPP Study Guide
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 
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!
Control over the entry of
personnel and materials is the
most important countermeasure
to bombs
Control over the entry of
personnel and materials is the
most important countermeasure
to bombs
The emergency plan is tested at
least annually
Data media must be protected in
specially insulated records
containers which protect the
contents against temperatures up
to 150 F and 80% humidity
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
Government and industry share
the responsibility for emergency
and disaster planning
The emergency plan must be
distributed to all personnel with
responsibility for action
A “bomb blanket” is used only by
specifically trained personnel
“Vital Records” are those
necessary to insure the survival
of the business. Vital records
usually constitute no more than 2
percent of a corporation’s records
Responsibility for a shutdown
should be assigned to persons
familiar with the process
The emergency plan is activated
by the facility manager, the
President, or the CEO
The emergency plan should be
directive in nature
In a fire, the facility must have
“the capability to respond quickly
with well trained personnel to
contain and extinguish the fire”.
In a high rise building, partial
evacuation includes the floor
above and the floor below
The most common of all terrorist
tactics is bombing
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
A tidal wave (TSUNAMI) is
caused by underwater
disturbances
A “hurricane warning” is issued
when it is determined that winds
of 74 mph or higher will be
encountered
“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.
Tornado watch - tornadoes are
expected to develop
Tornado warning - tornado has
actually been sighted in the
area
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.
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
Blizzard - the most dangerous
of all winter storms.
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.
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
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
A community based
emergency control center must
be established to coordinate all
efforts in a major emergency
“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
Bomb Threat - a search is made
after every bomb threat call.
The facility manager should
make the decision as to who
should search
The decision to evacuate a
building upon the receipt of a
bomb threat should be made by a
senior member of management
Fire loading is the amount of
combustible materials that
occupy its interior spaces
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
A clear zone with a radius of at
least 300 feet should be
established around a suspicious
object including the floors above
and below
The purposes of emergency
planning are to:
a. Anticipate the emergency
b. Provide action during the
emergency; and
c. Return to normal operations
In assessing the vulnerability of
individual facilities, major factors
considered are:
a. Environment
b. Indigenous
c. Economic
The basic emergency plan
should be made up of three
elements:
1. Authority
2. Types of emergencies
3. Plan execution
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
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
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
Strike
The most frequent strike is the
“economic strike”, which must
be preceded by at least 60 days
notice
Strike
The “unfair labor practice strike”
can occur suddenly with little or no
effective planning
Strike
The most important outside
contact will be with local police
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
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
Terrorism
Kidnapping is a classic act of
terrorism
Terrorism
For the most effective personal
protection of a possible kidnapping
target, a minimum of two (2)
bodyguards is recommended
Terrorism
The payment of ransom or
complying with any criminal
demand, without company
approval, could render the payer
civilly liable.
Terrorism
The best way to determine if a
hostage is alive is with direct
communication
The four legs of fire:
a. Heat
b. Fuel
c. Oxygen, and a
d. Chemical reaction
Several by products
accompany every fire:
a. Smoke
b. Gas
c. Heat
d. Expanded air
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
Water fog is very effective for
Class “A” and “B” fires
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
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
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
The causes of most fires
are:
Carelessness
Ignorance
Most fires
are electrical in
origin
More fire fatalities are caused
by toxic gases than by the
flames
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
Most sprinklers will operate at
temperatures between 130 and
165 F.
Halogenated agents
(1211, 1302)
are non-corrosive chemical agents
used for extinguishing fires in
areas containing computers and
electrical equipment
A fire door is for the purpose of
impeding the spread of fire
Automatic fire doors are held
open until there is sufficient
combustion to trigger the door
closing devices
The focus of disaster control
planning is on solutions to major
problems and to prevent a
disaster from becoming a tragedy
The three principles of disaster
control planning are:
a. Coordinated planning;
b. Mutual assistance; and
c. Community resources
In the organizational structure of proprietary firms,
security may provide both line and staff functions
a. When advising senior executives, the
security manager performs “staff”duties
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
When security managers
exercise authority delegated by a
senior executive to whom they
report, such authority is known as
“functional” authority
Security functions cut across
departmental lines and consist of
involvement into every activity of
the company but should not
involve significant interference
Probably the most common
security management failure is
the inability to delegate
responsibility and the authority
necessary to carry it out
“Span of control” is a
management term which refers
to the number of personnel over
which one can effectively
supervise
The largest single item of
expense in the security
operation is the cost of the
security personnel
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
“Chain of command” is a
management term which refers
to the path along which
authority flows
Well-trained, well-supervised
security personnel may be the
best possible protection
available to a company
The accounting department of
a company is the most
vulnerable to major loss due
to crime
“Unity of command” is a
management concept which
means that an employee should
have only one immediate
superior to whom the
employee should report
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
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
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
Theory X and Theory Y
were developed by
Douglas McGregor
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
The three main theories of
organizational behavior are:
a. Autocratic theory
b. Custodial theory
c. Supportive theory
The “autocratic theory” holds that
management is all-powerful and
employees are obligated to
follow orders without question
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
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”
“Herzberg’s theory” is a
management theory which holds
that motivation comes from work
achievement satisfaction and
not from such things as salary
and job security
“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
“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
A “budget” is a plan stated in
financial terms. It sets forth in
dollars the necessary
allocation of funds to achieve
the plan
“Risk analysis” is a
management method used to
minimize risks through
application of security
measures commensurate with
the threat
The major resource required for
a risk analysis is
manpower
The most important
management skill
is the ability to
communicate effectively
Written communication
is the best means to
communicate
The primary objective in
implementing a protection
program within an organization
should be to motivate every
employee to become part of the
protection team
Both private security and public
law have, as their primary
mission, the prevention of
crime and protection of
persons and property
“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
Private security relies upon both
commercial security services and
government agencies for
intelligence gathering and crisis
management planning
Private security frequently avoids
or bypasses police with regard to
white collar or economic crime
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.
About 95% to 99%
of activated alarms
are “false”
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
Employee theft
was the most frequently
investigated crime by
private security
As a general rule, local law
enforcement has very little effect
on many crimes against
business. Exceptions are
burglaries, robberies and arson
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
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
The two major components of
economic crime are white collar
and ordinary crime
80% of computer security
incidents result from insider
attacks by dishonest and
disgruntled employees
Only 1% of computer security
incidents annually are attributed
to “hackers”
The practice of preventing
unauthorized persons from
gaining intelligence information
by analyzing electromagnetic
emanations from electronic
equipment such as computers, is
often termed “tempest”
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
Employment in private security is
projected to grow at 2.3% per
annum to 2000 while law
enforcement growth will be one
percent annually
The term “narcotic” in its medical
meaning refers to opium and
opium derivatives or synthetic
substitutes
“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
“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
The poppy
(papaver somnifferum)
is the main source of the
non-synthetic narcotics
Examples of synthetic narcotics,
which are produced entirely
within the laboratory, are
meperidine and methadone
Depressants have a potential for
both physical and psychological
dependence. Some examples :
a. Chloral Hydrate
b. Barbiturates
c. Benzodiazepines
When “depressant” drugs are
used to obtain a “high” they are
usually taken in conjunction with
another drug, such as alcohol
“Stimulants” are drugs which
may produce a temporary
sense of exhilaration,
superabundant energy and
hyperactivity including
extended wakefulness.
Examples are cocaine and
amphetamines
The two most prevalent
stimulants are nicotine and
caffeine, both accepted in our
culture
The most potent stimulant of
natural origin is cocaine which is
extracted from the leaves of the
coca plant
Excessive doses of cocaine may
cause seizures and death. There
is no “safe” dose of cocaine
“Marijuana” refers to cannabis
plant parts and extracts that
produce somatic or psychic
changes in humans
The hemp plant grows wild
throughout most of the tropic and
temperate regions of the world
“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)
Long after hallucinogens are
eliminated from the body, users
may experience “flashbacks”
DOM, DOB, JDA, MDMA, DET
and MDA are hallucinogens which
are synthesized in the laboratory
Another source of hallucinogens
(psilocybin and psilocyn) is
psilocybe mushrooms
“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
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.
The most abused “drug” is alcohol
and the most used “drug”
also alcohol
“Tolerance” is a body condition
wherein ever-increasing
amounts of a drug are needed to
gain the desired effect
The street name for
PCP
is
“angel dust”
The person most likely to
become an alcoholic is a white
male over 40 who is living alone
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
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
External Audit
Valuable because the persons
conducting the audit do not
know your business / company
Financial Aspects
“CL” - Current Liability
“L/T” - Long term Liability
Payroll
 Biggest problem is “Ghosting”
 Paying people that don’t exist
 Can use “Pay-out” to detect Ghosting
 manually paying each employee
 Recommended twice a year
Internal Cash
Best way to handle is using two
people at all times to handle
cash situations
Payables
Money owed to vendors
Receivables
Money owed by customers
General Management
Line Executives are those who
are delegated chain of
command authority to
accomplish specific objectives
in the organization.
General Management
The security manager, in
exercising authority delegated
by the senior executive to
whom the security manager
reports, is exercising
functional authority
General Management
Chain of Command is the path
along which authority flows
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
General Management
Unity of Command - means
that an employee should be
under the direct control of only
one immediate supervisor
General Management
The most common
management weakness is the
failure to properly delegate
responsibility and the authority
to carry out the responsibility.
Organizational Chart
Horizontal plane - indicates the
divisions of areas of responsibility
Vertical plane - defines the levels
of authority
General Management
Organizational structure
should be flexible to be most
effective
Behavioral Theories
 Dr. Abraham Maslow developed a five-step
process which describes man’s 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
Behavioral Theories
 Frederick Herzberg’s “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
Security’s Role
Security provides protection
services for the organization.
The protective service of
prevention is a primary
service provided.
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
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
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.
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.
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
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
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
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
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.
Budgeting and Planning
Budgets are normally
prepared annually or
biannually
Planning
Planning is an activity concerned
with proposals for the future, an
evaluation of those proposals, and
methods for achieving the
proposals
Management
Management is the activity
which plans, organizes and
controls activities in an
organization
M.B.O.
Management by objective
(MBO) is a systematic way of
achieving agreed to goals set
ahead of time.
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
Risk Assessment
Methods for handling a risk;
Accept
Eliminate
Reduce
Transfer (insurance)
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.
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
Risk Management
Five principal crime risk
management methods:
Risk Avoidance
Risk Reduction
Risk Spreading
Risk Transfer
Risk Acceptance
Risk Management
Two basic types of protection
against crime are:
Fidelity and Surety Bonds
Burglary, robbery and theft insurance
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.
Discipline
Means Learning
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
CPO / LPO
 Crime Prevention Officer (CPO)
 a public servant with police powers
 Loss Prevention Officer (LPO)
 private sector individual deriving authority
from an employer
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.
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
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
Security Survey
The cost of protection is measured
in:
Protection in depth
Delay time
Internal Theft
The greatest ongoing
threat to business.
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
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.
Theft Triangle
 Consists of three elements:
 Motivation, and
 Opportunity, and
 Rationalization
 Loss prevention techniques are designed to
eliminate the opportunity
Security Tools
Deter criminal attack
Detect attacks that occur
Delay attack to allow time for
response by authorities
Deny access to selected targets
Crime Analysis
Data Collection
Analysis
Dissemination
Feedback
Safety and Loss Prevention
Unsafe acts cause 85% of
all accidents
Unsafe conditions cause
the remaining 15%
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.
Management
 Matrix management uses assets over a wide
spectrum of activity by forming ad hoc teams to
work on shorter term projects.
Liaison
 A linking up or connecting of parts of a whole in
order to bring about proper coordination of
activities.
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.
Liaison
10 % to 30 % of all calls for
police service were for alarms
95% to 99% are false
Liaison
By the year 2000, the ratio of
private security personnel to
public police will be three to
one respectively.
Economic Crime
Financially motivated crime
with a direct impact on the
economy
Economic Crime
Indirect costs of economic
crime include:
Effects on business;
Effects on government; and
Effect on the public
Economic Crime
Liability is the largest
indirect cost of economic
crimes for the past 20 years
Substance Abuse
Narcotics - effects
Generally, there is no loss
of motor coordination or
slurred speech.
Substance Abuse
The poppy, cultivated in
many countries around the
world, is the main source of
non-synthetic narcotics
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”.
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.
Substance Abuse
Etorphine and Diprenorphine
made from Thebaine
Etorphine is more than a
thousand times as potent as
morphine in it’s analgesic,
sedative and respiratory
depressant effect
Substance Abuse
Hydromorphone
Highly marketable with a
potency two to eight times as
great as morphine.
Substance Abuse
Meperidine (Pethidine)
Probably the most widely
used drug for the relief of
moderate to severe pain
Substance Abuse
Narcotic Antagonists
A class of compounds
developed to block and reverse
the effects of narcotics
Substance Abuse
Chloral Hydrate
The oldest of sleep inducing
drugs
liquid with a slightly acrid odor
and a bitter, caustic taste
Substance Abuse
Benzodiazepines
Depressants which relieve
anxiety, tension and muscle
spasms as well as producing
sedation and preventing
convulsions.
Substance Abuse
Stimulants
Of all abused drugs,
stimulants are the most
powerfully reinforcing.
Substance Abuse
Stimulants
The two most prevalent
stimulants are nicotine in
tobacco and caffeine.
Substance Abuse
Cocaine
The most potent stimulant
of natural origin.
Designated as a narcotic in
the US CSA
Substance Abuse
 Khat
 Compulsive use may result in manic behavior
with grandiose delusions or in a paranoid type
of illness, sometimes accompanied by
hallucinations.
Substance Abuse
Alcohol
The most used and abused
recreational drug. Physical
dependence can occur if
alcohol is taken regularly in
large quantities.
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.
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.
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.
A confidential informant is one
who furnishes information on the
expectation that his/her identity
will not be disclosed
Questions are the principal
tools of interviewing
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.
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.”
The place of an interview should
be well-lighted, adequately
ventilated, comfortably furnished
with a minimum of distraction
All admissions or confessions
must be voluntary
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
As a general rule, the investigator
does not take notes during the
interrogation in order to keep from
disrupting the interrogator’s rhythm.
The most positive means of
identifying people is the
science of fingerprints
To a large measure, the
success of a polygraph
examination depends upon the
professional capabilities of the
investigator
“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
In crime scene searches, the
first thing for the investigator to
do is provide for any needed
medical attention and protect
the scene
Types of crime scene searches
are:
a. Circle search
b. Strip search
c. Grid search
d. Zone or sector search
The most important rule in
crime scene photography is to
photograph all evidence or
possible evidence before
anything is moved or touched
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
A “Questioned Document” is a
document whose genuineness
is questioned, normally because
of origin, authenticity, age or
circumstances under which the
document was written
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
There is no specific format for
the taking of notes required
during an investigation
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
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
Probably the most important
aspect of an undercover operation
is a credible cover or background
story used by the undercover
agent
Knowing when and how to close
an undercover operation is as
important as knowing how to start
and proceed
The three most frequently used
investigative techniques are:
a. Informants
b. Surveillance
c. Undercover
There are two major types of
surveillance:
a. Physical
b. Technical
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
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
One of the most important rules
of physical surveillance is:
“DON’T LOOK THE SUBJECT
IN THE EYE”
As a general rule, sensitive
investigative reports, such as
undercover reports, should be
disseminated on a:
“need-to-know”
basis
The primary type of evidence to
be collected at a crime scene is
that which is relevant
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
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
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
A friendly approach is
considered to be the most
productive in interviews
Many experts feel that the
reason a person steals the first
time is because the
“opportunity” was present
Searching motor vehicles for
contraband poses special
problems. One area often
overlooked is the “hub caps” of
a vehicle.
Counterfeiting of checks and
other documents has increased
primarily because of
sophistication of color-copying
machines
An oral confession, as well as
one which is not signed, still
has legal value
Proprietary Resources
 1. It is better to staff a proprietary
investigative unit with personnel who have
acquired prior investigative experience
 2. The investigator’s job should be
regarded as an “exempt” job because it is
considered to be “professional” to the extent it
requires special preparation
Proprietary Resources
 3. The two most important expensive items in
the budget of an investigations unit are:
 Personnel costs
 Communications cost
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
Evidence
 Charred documents should be placed on top of
loose cotton in a box and delivered to the
laboratory in person
Interviews and Interrogations
 The techniques most commonly used during an
interrogation are:
 Sympathetic
 Logic and reasoning
Interviews and Interrogations
 Two main approaches used in interrogations:
 Indirect approach
 exploratory in nature
 Direct approach
 suspect’s guilt is reasonably certain
Devices to detect deception
 Polygraph
 records changes in respiration, blood pressure,
pulse and skin’s 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
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
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
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
Embezzlement
 One of the most effective counter-measures
against embezzlement is a disciplined
environment with appropriate audits and other
appropriate safeguards
Fraud
 The most difficult type of fraud to deal with is the
fraudulent accident/injury claim, because no
preventive measure can be effectively instituted
Espionage
 The unethical practice of one company to learn
the secrets of their competitors
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
Explosions
 Three basic rates of explosions are:
 Flash fire
 Explosions
 Detonations
 multiple or compounded explosions
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
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
Theft investigation
 An effective “loss control program” will do much to
prevent internal theft.
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
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
The basis for any industrial
espionage prevention program is
protection of information
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”
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.
“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
A “trade secret” is part of a
company’s proprietary information
but not all propriety information
necessarily fits the definition of
“trade secret” information
Generally “trade secrets” are given
a higher degree of legal protection
than other proprietary information
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
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
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
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
“Inadvertent disclosure”
probably is the chief reason for
loss of information about
sensitive operations
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
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
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
A telephone instrument may
also be utilized as a listening
device
In an electronic
countermeasure survey, note
that light switches and
electrical outlets are favorite
places to install listening devices
Most loss of proprietary information
occurs because of negligence
One very important protective
measure used to safeguard
sensitive data is to disclose
such only in a need-to-know
basis
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
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
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.
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
Definitions
Patent
A government grant conveying
and securing the exclusive right to
make, use, and sell an invention
for a term of years (seventeen)
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 owner’s business
Trade Secret
Trade Secret information is
entitled by law to more
protection than other kinds
of proprietary information
Trade Secret
The following are not trade
secrets:
Salary information
Rank surveys
Customer usage evaluation
Profitability margins
Unit costs
Personnel changes
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
Trade Secret / Patent
 Since anyone can purchase a patent, there are
not industrial espionage targets in a patented
invention
 Trade Secrets are targets
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 owner’s consent.
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
Competitive Intelligence Gathering
The most important function of
competitive intelligence gathering is
to alert senior management to
marketplace changes in order to
prevent surprise
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
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.
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
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.
Eavesdropping Tactics &
Equipment
 Eavesdropping is a psychological
traumaticEmployee experience for the victim.
 It is the most devastating of espionage
techniques.
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
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
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)
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
Wireless microphones
 A radio frequency (RF) device. Consists of:
A microphone
A transmitter
A power supply
An antenna; and,
A receiver
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
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.
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.
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.
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)
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
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
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
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
In implementing an asset
protection program, one primary
objective should be to motivate all
employees to become part of the
protection program
All asset protection programs
should provide for adequate
feedback on the part of
participants
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
The three basic security
processes are:
a. Information
b. Physical
c. Personnel
Of the three basic security
processes, personnel security
is considered to be the most
critical
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
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
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
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
One well known honesty test is the
“Reid Report”. This is a written
honesty test designed to reveal a
person’s trustworthiness and
attitude toward honesty
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.
The two major tools used in
employee selection procedures
are:
a. The application
b. The interview
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
The theft triangle sides consist of:
a. Motive
b. Desire
c. Opportunity
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
Approximately 10% of the
completed applications will have
falsifications serious enough for
management review before
making an offer of employment
“Rule of Ten”
The most important information
gathering tool in a background
investigation is the completed
application form
As a general rule, no application
more than 90 days old should be
considered without a re-interview
of the applicant
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.
Employment gaps of more than
one month must be explained
The job description for a position
must include accurate
specifications and genuine skill
requirements which are described
concisely and without prejudice.
Purpose and Function
 Personnel Security’s 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
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
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
The Application
 There are virtually no restrictions on what can
be asked of an individual once an offer of
employment has been made.
Education
 Approximately 5 % of all professional applicants
falsify some aspect of their educational
background.
Interview
 A personal interview of each applicant should be
conducted by an trained interviewer
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
Background Investigation
 At least five consecutive immediately preceding
years of employment are verified
 Personal contact is by far the most desirable
method of investigation
Psychological Testing
 A process whereby a subject’s reaction to a future
situation is predicted by an analysis of his/her
responses to a questionnaire.
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
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.
Psychological Testing
 Integrity tests can be:
 pre-employment tests which measure the applicant’s
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
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
The Bill of Rights
is the
first ten amendments
to the
Constitution of the U.S.
First amendment
provides
for freedom of speech, religion,
press, assembly and to petition
the government
Second amendment
provides the right to
keep arms (weapons)
Forth amendment
prohibits
unreasonable searches and
seizures and also sets out the
requirement that a warrant be
supported by probable cause
Fifth amendment
prohibits
double jeopardy, compulsory
self incrimination, and
deprivation of life, liberty or
property without due process
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
Seventh amendment
provides
the right to trial by jury
Eighth amendment
prohibits
excessive bail, excessive fines
and
cruel and unusual punishment
“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
Generally, Miranda warnings
need not be given by security
officers
The crime of “robbery” is the
unlawful taking of property from
the immediate possession of
another by force or the threat of
force
“Larceny” is the unlawful taking
of property from the possession
of another with the intent of
depriving the owner of it
permanently
“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
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.
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.
“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)
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.
Note the difference between a
“crime” and a “tort”.
A crime is a violation of the
government’s penal laws;
whereas a tort is a legal wrong
done to another person
(a civil wrong)
No agreement between parties is
required.
A
crime can also be a tort
examples:
battery
trespass
assault
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
“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
Treason is the only crime
specifically mentioned in the U.S.
Constitution
The criminal code of the United
States is found in Title 18
There are no Federal common
law crimes
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
A fidelity bond is insurance on a
person covering that person’s
dishonesty
“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”
“Compensatory damages”
are
actual damages
directly
related to the amount of the loss
“Punitive damages” are
designed to punish the defendant
and to deter him, and others,
from a repetition of the wrongful
act
Generally,
searches by security officers
are not subject to constitutional
regulation under the 4th
Amendment
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
“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
An “express contract” is one
which is clear, definite, direct,
and spelled out by explicit words
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
“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
Statements made by subjects
being interrogated must be
“voluntary”
The concept of the grand jury
originated in England
An “indemnity bond” is an
insurance contract designed to
reimburse an individual or
organization for possible
losses of a particular type
A “citizen’s 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
A law enforcement officer may
arrest for a felony based solely
on “probable cause”.
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
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
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.
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
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
Under no circumstances will an
undercover agent be permitted to
engage in “malum in se” crime
such as murder, burglary, rape,
arson, robbery, etc.
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)
As a general rule, it is
permissible to ask about possible
“convictions” but not “arrests” on
the employment questionnaire
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.
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.
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.
Basic Aspects
In the transportation of goods,
recovery of damages may be
estopped by a “time bar” clause
in the shipping documents
(contracts).
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 society’s disapproval of
the wrong
Basic Aspects
The basic elements of
intentional tort liability are:
An act or omission
Which brought about the intended
result
Basic Aspects
 Examples of intentional torts:
 Battery
 Assault
 False imprisonment
 Trespass to land or to chattels (Conversion)
 Fraud / Misrepresentation
 Defamation
 Invasion of privacy
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.
“Stare Decisis”
The Law of Precedence
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.
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
Infraction
Federal statutes provide for one
class of infraction for which the
penalty ranges from 5 days or
less imprisonment to no
authorized penalty.
“Mala in se”
Those crimes which are bad in
themselves, ie...
Murder
Rape
All Common Law crimes were
mala in se.
“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.
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
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.
“Motive”
Motive is not an essential
part of a crime; it is not part
of the corpus delicti.
Most crimes require the
combination of an act and an
intent, which must be
simultaneous.
“Negligence” differs from
“recklessness,” in that in
recklessness, conduct is
governed by the actual state of
mind of the accused.
“Alibi”
The alibi defense is one of
physical impossibility. The
testimony of an alibi witness
must cover the entire time of
the crime.
“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.
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.
Laws of Arrest
The mere words “you are
under arrest:” will not
satisfy the seizure or
detention element of
arrest.
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.
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.
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.
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.
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.
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.
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.
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.
Confession / Admission
The fundamental test
regarding the use of
confessions and
admissions is the “free and
voluntary” test.
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;
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
U.S. Marshall’s 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
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
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
Customs Service
(Treasury Department)
Enforces customs-related
laws and regulations
Collect import duties.
Internal Revenue Service
(Treasury Department)
Administers and enforces Federal
tax laws.
Special intelligence division
investigates organized crime,
gambling, and tax stamp
violations.
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
Defense Investigative Service
(Department of Defense)
Administers the Defense
Industrial Security
Program.
F.E.M.A.
Federal Emergency
Management Agency
An independent agency
Primary responsibility of dealing
with disaster planning.
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
Coast Guard
(Department of Transportation)
Security and safety of ports.
Investigations of marine-related
accidents, casualties and
violations.
Safety standards for commercial
vessels.
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.
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:
Federal Highway Administration
(Department of Transportation)
Highway Safety Act
Interstate Commerce Act
Explosive and Dangerous
Articles Act
U.S. Army Corp of Engineers
Flood control planning
should be coordinated with
the U.S. Corp of Engineers.
“NOAA”
Progressive situation reports of
floods are available from the
National Oceanic and
Atmosphere Administration
(NOAA).
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
Bureau of Vital Statistics
Records of births,
marriages and deaths
The Age Discrimination in
Employment Act of 1967
Prohibits discrimination
against applicants or
employees over 40 years of
age.
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.
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.
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.
The National Labor Relations
Act
Advise security personnel that
their actions will be considered
“employer actions”.
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).
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.
The National Labor Relations
Act
The NLRA specifically
provides that guards and
non-guard employees
cannot be members of the
same bargaining unit.
The Labor Management
Relations Act
Known as the Taft-Hartley Act
Forbids unions from:
Coercing an employer to pay for
work not performed
(Featherbedding)
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.
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.
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.
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.
Strikes
Three phases of security
involvement during strikes:
Pre-strike planning stage
Strike operation plan phase
Post-strike intelligence phase
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.
Strikes
The security strike operations
plan is a comprehensive
statement of all policies,
procedures and activities to be
done during the strike period.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Occupational Safety and
Health Act (OSHA)
When they find conditions of
“imminent danger”,
compliance officers may
REQUEST, not demand
shutdown.
Occupational Safety and
Health Act (OSHA)
Most citations allege violations
of specific safety and health
standards or of the posting and
record keeping requirements.
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CPP Study Guide Summary

  • 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 corporation’s 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
  • 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 “staff”duties 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. “Herzberg’s 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 don’t 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
  • 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 man’s 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 Herzberg’s “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. Security’s 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.
  • 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
  • 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 it’s 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 interrogator’s 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: “DON’T 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 investigator’s 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  suspect’s guilt is reasonably certain
  • 261. Devices to detect deception  Polygraph  records changes in respiration, blood pressure, pulse and skin’s 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 company’s 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 owner’s 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 owner’s 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 person’s 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 Security’s 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 subject’s 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 applicant’s 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
  • 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 government’s 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 person’s 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”
  • 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 “citizen’s 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 society’s 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.
  • 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. Marshall’s 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.