When investigating crimes, incidents, or accidents, security guards must distinguish between objectivity and subjectivity. Understanding these concepts is crucial, especially within the framework of Colorado laws and statutes, to ensure that actions taken are lawful and appropriate.
Defining Objectivity and Subjectivity
Objectivity refers to the practice of making decisions based on observable and verifiable facts, devoid of personal feelings, interpretations, or prejudice. An objective approach relies on clear evidence and facts that can be independently verified.
Subjectivity, on the other hand, involves personal feelings, opinions, and biases. Decisions made subjectively are influenced by an individual’s personal perspectives and emotions, which can vary widely from person to person.
Differences Between Objectivity and Subjectivity
- Basis: Objectivity is grounded in facts and evidence, while subjectivity is based on personal feelings and opinions.
- Consistency: Objective assessments are consistent and replicable by others, whereas subjective assessments can vary significantly between individuals.
- Reliability: Objectivity provides a reliable basis for decision-making, ensuring fairness and impartiality. Subjectivity can lead to biased or unfair decisions.
Legal Framework for Security Guards in Colorado
In Colorado, several statutes govern the actions of security guards when investigating and detaining individuals. Key statutes include:
Colorado Revised Statutes 18-1-707
Use of Physical Force in Making an Arrest or in Preventing an Escape
Colorado Revised Statutes 18-1-707 outlines the conditions under which physical force may be used in making an arrest or preventing an escape. For security guards, this statute is crucial as it delineates the circumstances and limitations for using force:
- Authorization to Use Force: Security guards can use the minimum and necessary amount physical force when they reasonably believe it is necessary to make an arrest or prevent an escape from custody.
- Reasonable Force: The force used must be reasonable and proportionate to the situation. Excessive force is prohibited.
- Deadly Force: Deadly force can only be used if the security guard reasonably believes it is necessary to protect themselves or others from imminent danger of death or serious bodily injury.
Colorado Revised Statutes 18-4-407
Detention of Suspected Shoplifters
Colorado Revised Statutes 18-4-407 provides guidelines for the detention of individuals suspected of shoplifting:
- Reasonable Grounds: Security guards must have reasonable grounds to believe that a person has committed or is committing theft within the premises.
- Detention: The suspected shoplifter can be detained in a reasonable manner and for a reasonable length of time to investigate the suspected theft.
- Investigation: During the detention, security guards may conduct an investigation, including requesting the individual to identify themselves and verify ownership of the property in question.
- Notification of Law Enforcement: After detaining the suspected shoplifter, security guards should promptly notify law enforcement authorities to handle the situation further.
Colorado Revised Statutes 16-3-201
Arrest by a Private Person
Colorado Revised Statutes 16-3-201 details the conditions under which a private person, including a security guard, can make an arrest:
- Commission of a Crime: A security guard can arrest a person if a crime has been committed in their presence. The crime must be witnessed directly, and the security guard must have firsthand knowledge of it.
- Immediate Pursuit: If a crime has been committed and the suspect is attempting to escape, a security guard may pursue and detain the individual immediately. Note that this must follow the companies policies, post orders, detainment and use of force policy.
- Use of Force: The statute allows for the use of reasonable force to make the arrest, similar to the provisions under 18-1-707.
Probable Cause and Physical Witnessing
Under statutes 18-1-707 and 16-3-201, security guards must have probable cause and physically witness a crime to detain a person. Probable cause requires a reasonable belief, based on objective facts, that a person has committed a crime. This contrasts with reasonable suspicion, which is a lower standard used by only police officers that allows for temporary detention and investigation.
The Role of Objectivity in Detaining Individuals
When detaining individuals under the relevant Colorado statutes, security guards must base their actions strictly on objective evidence. Here are key points to ensure objectivity:
- Direct Observation: Detainment must be based on directly witnessing a crime or incident. Hearsay or indirect evidence is insufficient.
- Clear Evidence: Collect and document clear evidence that supports the decision to detain, such as video footage, witness statements, and physical evidence.
- Avoid Personal Bias: Ensure that personal feelings, prejudices, or assumptions do not influence the decision to detain. Focus solely on the facts.
- Consistent Application: Apply the same standards and procedures to all individuals to ensure fairness and impartiality.
Examples of Objectivity in Action
Example 1: Suspected Shoplifting
A security guard at a retail store observes a customer acting suspiciously. The guard notices the customer taking several items off the shelves and placing them in a large bag. The customer then bypasses the checkout counters and heads towards the exit.
- Direct Observation: The security guard directly witnesses the customer placing items into the bag and attempting to leave without paying.
- Clear Evidence: The guard has clear evidence, such as video footage from the store’s surveillance system, showing the customer’s actions.
- Detainment: Based on the objective evidence, the guard detains the customer in a reasonable manner as per CRS 18-4-407.
- Investigation: The guard asks the customer to identify themselves and verify the ownership of the items. The customer is unable to provide a receipt or proof of purchase.
- Notification of Law Enforcement: The guard promptly notifies the police, who arrive to take over the situation.
This scenario demonstrates the guard’s objective approach, relying on direct observation and clear evidence, ensuring the detention is lawful and appropriate.
Example 2: Trespassing Incident
A security guard at a private property recognizes an individual who had previously been issued a trespass notice by the police for the same location. The guard has a record of the trespass notice and a photo of the individual.
- Direct Observation: The security guard directly observes the individual entering the property, which they have been legally prohibited from accessing.
- Clear Evidence: The guard has documented evidence, including the trespass notice issued by the police and a photograph of the individual.
- Detainment: Based on CRS 16-3-201, the guard detains the individual, ensuring the use of reasonable force as necessary.
- Notification of Law Enforcement: The guard immediately contacts the police to report the trespassing and request their assistance.
In this example, the security guard’s actions are guided by objective evidence – the documented trespass notice and direct observation of the individual violating it. This ensures the detainment is lawful and justified.
Conclusion
For security guards in Colorado, understanding and distinguishing between objectivity and subjectivity is essential when investigating crimes, incidents, or accidents. By adhering to objective standards and ensuring actions are supported by clear and verifiable evidence, security guards can lawfully and effectively carry out their duties under statutes 18-1-707, 18-4-407, and 16-3-201. In addition to following legal requirements, security guards must also adhere to their company’s policies, post orders, use of force policies, and detainment policies to avoid any professional repercussions or termination. This comprehensive approach not only ensures compliance with the law but also upholds the principles of fairness and justice in their work.
