Remember that whatever type of physical force is used by the private investigator, he or she may have to justify his or her actions to the police, district attorney, or civil court.
Generally, the interpretations that follow may be considered those found in most, if not all, states in the union. The use of physical force upon another person, which would otherwise constitute an offense, is justifiable and not criminal under any of the following circumstances:
1. A person may use physical force upon another person in defense of themselves or a third person, or in defense of premises, or in order to prevent larceny of or criminal mischief to property, or in order to effect an arrest or prevent an escape from custody.
2. The use of physical force upon another person in believing it necessary to defend him- or herself or another person is applicable, unless the private investigator provokes or is the initial aggressor, but if he or she then withdraws and com-municates such withdrawal, and if the other subject persists to continue and engage in the use or threatened imminent use of unlawful physical force, the private investigator or security officer is justifiable in the use of physical force.
3. A private investigator (private person) acting on his or her own account may use physical force, other than deadly force, upon any other person when and to the extent that he or she reasonably believes such to be necessary to effect an arrest or
Cautionary Procedure
The private investigator must remember that he or she has the same powers of arrest that an ordinary citizen has, including the necessary and reasonable physical force that may be used to consummate that arrest, and no more.
Under no circumstances should the use of deadly physical force be used in effecting an apprehension or arrest of a suspect unless the private investi-gator or security officer can show at a later time that his or her life or the life of someone else was in extreme danger of death or serious physical harm.
to prevent the escape from custody of a person whom he or she reasonably believes to have committed an offense and who in fact has committed such offense.
A private person may use deadly physical force for such purpose when he or she reasonably believes such to be necessary to defend him- or herself or a third person from what he or she reasonably believes to be the use or immi-nent use of deadly physical force (deadly or serious physical injury).
A private person may use deadly physical force for such purpose when he or she reasonably believes such to be necessary to effect the arrest of a person who has committed murder, manslaughter in the first degree, robbery, forcible rape or forcible sodomy, and who is in immediate flight therefrom.
(Again, check your state’s criminal code. The private investigator must be sure of his or her actions.)
4. At present, the majority of states hold that deadly physical force may be used when it is reasonably necessary to deter the threat of death or serious physical injury. A few states differ in that they hold that deadly force may only be used when absolutely necessary to preserve one’s own life.
But the private investigator may not use such force if he or she knows he or she can with complete safety to him- or herself or to another avoid the necessity to use deadly physical force by retreating. A private investigator, as a private person, cannot use deadly physical force if he or she has the abil-ity to retreat or back off safely other than to immediately save his or her or someone else’s life and the five serious felonies noted above. (Some states note that a person does not have to “retreat” if in his or her own dwelling.) A police officer does not have that privilege of withdrawal—he or she must stand fast and act.
Also, in the case of deadly physical force, the private investigator may use it if he or she reasonably believes that such person is using or is about to use deadly physical force, or if the investigator reasonably believes that such person is committing or attempting to commit kidnapping, forcible rape, forc-ible sodomy, robbery, or arson (persons in extreme danger of serious physical harm or death).
5. The private investigator may use physical force upon another when he or she reasonably believes such is necessary to prevent or terminate the commission or attempted commission of damage to a premise. The investigator may use deadly physical force if he or she reasonably believes such to be necessary to prevent the commission or attempted commission of arson.
6. Further, a person in control of any premises, or licensed and privileged to be thereon or therein, may use physical force, other than deadly physical force, upon another if he or she reasonably believes such to be necessary to prevent or terminate a criminal trespass upon such premises.
7. A person may use physical force, other than deadly physical force, upon another to prevent or terminate the commission or attempted commission of larceny or criminal mischief with respect to property other than premises.
The following provides a summary of the use of physical force.
Regarding the private investigator’s or security officer’s ability while armed to use deadly physical force on a person in immediate flight from certain crimes previously described, he or she would be well advised to use caution and restraint in the pursuit of such behavior.
The probability of harm and liability concerning damage or injury to others is great, particularly during the heat of the chase when emo-tions and physical acemo-tions are intensified.
Physical Force
Physical force under the circumstances in which it is used, is read-ily capable of causing death or serious physical injury. Physical injury may be defined as protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the functions of any bodily organ. It must be justifiable, and the private investigator must believe that the use of physical force is necessary to effect an arrest or to prevent escape from custody if the investigator reasonably believes such person committed an offense or such person did in fact commit such offense.
Deadly Physical Force
Deadly physical force is the necessary and justified force used to effect an arrest or control of a person not leading up to the more serious deadly physical force. The private investigator reasonably believes it necessary to:
Defend him- or herself or a third person from what he or
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she believes to be the use or imminent use of deadly physi-cal force or serious physiphysi-cal injury
Effect the arrest of a person who has committed or
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attempted to commit murder, kidnapping, robbery, forcible rape or forcible sodomy, and the commission or attempted commission of arson.
Generally, the above narration on arrests and the use of force is applicable in most if not all states. However, there may be some distinction in content or application.
In order to have a more thorough understanding and overview of arrests by a private person and the use of force, the private investigator or security officer is urged to examine the criminal codes that cover arrest and justification of the use of force in the state in which he or she is employed. By such inquiry, a determination can be made as to the exact legal conduct he or she will be required to follow regarding arrest procedures, the use of force and unlawful imprisonment.