1. By Brandon Gregg, CPP
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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
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
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
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
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
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
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
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
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
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
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
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
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
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)
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
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
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
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.
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.
167. Planning
Planning is an activity concerned
with proposals for the future, an
evaluation of those proposals, and
methods for achieving the
proposals
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
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
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.
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
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
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
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
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
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
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
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.
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
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.
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.
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
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
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.
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
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”
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
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.
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
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
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:
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.