Metropolitan Police Department Washington D.C.

Subject:

Private Security

Series    Number  Change

308.      07       

Effective Date

September 28, 1993

Revision Date

*

 

 

 

 

 

 

The purpose of this order is to establish the policy and procedures governing the conduct and performance of private security within the District of Columbia. This order consists of the following parts:

 

PART I    Responsibilities and Procedures for Members of the Department.

 

A.   Definition of Terms.

B.   Private Detective Agencies.

C.   Private Detectives.

D.   Special Police Officers

E.   Security Officers.

F.   Weapons.

G.   Reporting Incidents Involving Security Personnel.

H.   Suspensions.

 

PART II   Responsibilities and Procedures for Special Assignment Personnel

 

A.   Distribution of Reports.

 

PART III  Responsibilities and Procedures for Supervisory and Command             Personnel

 

A.   Director. Audit & Compliance Division.

B.   Watch Commander, Communications Division.

C.   Commanding Officers.

 

PART I

 

A.   Definition of Terms.

 

     1.   The term “private detective agency,” is defined as a security           company legally licensed, upon approval of the Chief of Police,               to sell it’s various security services to an individual,               corporation and/or a government agency.

 

     2.   The term “private detective,” means any person(whether self-            employed or employed by others),firm, or corporation, licensed               pursuant to DCMR Title 17, Chapter 20, Section 2000.1, engaged            in, or represents or advertises as being engaged in the business      of any of the following:

 

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          a.   The business of detecting, discovering, or revealing crime                    or criminals;

 

          b.   The business of securing information for evidence relating                    to crime or criminals; or

 

          c.   The business of discovering or revealing the identity,                  whereabouts, character or actions of any person(s) or                        thing(s).

 

     3.   The term “special police officer,” is any person who is                 commissioned pursuant to the provisions of D.C. Code, § 4-114           (1981) and other regulations which have been approved pursuant               to this act, and who may be authorized to carry a weapon.

 

     4.   The term “security officer,” is any person who is licensed                  pursuant to DCMR Title 17, Chapter 21,Section 2100.1 and is               privately employed to do any of the following:

 

          a.   Prevent the theft, misappropriation, or concealment of                  goods, wares, merchandise, money, bonds, stock                          certificates, or other valuable documents, papers and                        articles;

 

          b.   Prevent damage to real or personal property;

 

          c.   Prevent assaults, gate-crashing, or other disorders at                  meetings, events, or performances; or

 

          d.   Prevent similar illegal occurrences.

 

B.   Private Detective Agencies.

 

     1.   Private detective agencies are those companies which have been               licensed to sell their security services to individuals, and               private and/or governmental agencies. Private detective agencies      “only” may employ either special police officers, private                    detectives, and/or security officers. No individual or                    corporation may employ security personnel or conduct a security           business without acquiring a “Private Detective Agency License.”

 

     2.   The holder(s) of a private detective agency license is required               by law to renew the license by November 1, of each year. The               license will be in effect until the following October 31, of               each year.

 

 

 

 

 

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     3.   Applicants for agency licenses must possess the                             following:

 

          a.   Be at least 18 years of age;

          b.   Have no felony convictions;

          c.   Have no misdemeanor Convictions within 5 years of making an               application; and

          d.   Applicant must be a U.S. Citizen or present proof that they               have a permanent resident status (i.e., a Resident Alien               Card).

 

C.   Private Detectives.

 

     1.   Private detectives are non-uniformed and unarmed civilian                   investigators. They are not authorized to make arrests under               their license, however, they may make a citizens arrest for               violations of the law occurring in their presence as allowed by        D.C. Code § 23-582 (Arrests Without Warrant by Other Persons).

 

     2.   No person shall be licensed as a private detective unless the           Chief of Police, or designee, certifies to the Mayor that the           Chief of Police approves of the issuance of the license.

 

     3.   Each person applying for a license shall submit to the Mayor,           under oath, any information that the Mayor may require to assist           in determining whether the applicant is of good moral character               and that granting the license will be in the public interest.

 

     4.   Each person licensed as a private detective shall, while engaged           in dealings with any person while doing business as a private           detective, carry on their person, the identification card                   bearing their photograph issued by the Mayor.

 

     5.   Upon request of any person with whom the licensee may deal or           have contact in connection with doing business as a private             detective, the licensee shall display the card and furnish to           the requesting person a business card or other written matter           containing the licensee’s full name and license number.

 

D.   Special Police Officers.

 

     1.   Special police officers are privately commissioned police                   officers with full arrest powers within an area or premises               which the officer has been employed to protect. The commission              is conditional and is required to be renewed each year.

 

 

 

 

 

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     2.   Special police officers may be appointed by the Mayor for duty               in connection with the property of or under the charge of a               corporation or individual requesting the appointment. Special            police officers shall be strictly confined in their authority to       the particular place or property which they are commissioned to              protect.

 

     3.   Commissions issued to special police officers shall specify the               following:

 

          a.   The particular place or property they are commissioned to                    protect (this information is normally kept in the form of a               contract list which is available for inspection at the                    Security Officers Manage­ment Branch);

 

          b.   Any waiver of the uniform requirement;

 

          c.   Firearm authorization status; and

 

          d.   In the case of DCMR Title 6-A, Chapter 11, Section 1101.2,                    any requirement for storage or special provisions for                         transportation of firearms or other dangerous weapons.

 

     4.   Special police officers are normally in uniform as required by               DCMR Title 6-A, Chapter 11, Section 1109, however, upon request            a uniform waiver may be granted.

 

     5.   Special police officers may be authorized to bear firearms,             however, they must meet additional requirements which includes               completing an annual firearms training course.

 

     6.   The holder of a special police officer’s commission is not                  authorized to take police action on public space, except when in       fresh pursuit from an authorized location. The holder of a                    special police officer’s commission may not take police action             on private property, unless their employing agency has                    contracted with the owner of the private property to render             security related services. Violations may result in the                    revocation of both the agency’s license and special police                  officer’s commission.

 

 

 

 

 

 

 

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     7.   Special police officers are explicitly prohibited from engaging               in roving patrols on public space. However, officers may travel             upon public space to get from one job site to another and the            most direct route must be taken. Any deviations of armed special      police officers traveling between job sites may subject the           officer to arrest for firearms violations and the revocation of            their commission.

 

     8.   No person shall be appointed as a special police officer                pursuant to D.C. Code §4- 114, and DCMR Title 6-A, Chapter 11,               unless they meet the following require­ments:

 

              a.   Have reached the age of twenty-one (21) years;

              b.   Be a citizen of the United States;

              c.   Be of good moral character;

              d.   Be approved for appointment by the Chief of Police.

 

E.   Security Officers.

 

     1.   Security Officers are licensed private citizens who act as a           watchman to prevent assaults, damage to personal or real                property, gate crashing and other minor illegal acts. They are               unarmed and have no arrest authority except as a citizen.                    Security Officers must be in uniform with a distinctive half               moon red patch which states at a minimum “SECURITY OFFICER”.

 

     2.   The licenses of all security officers expire on January 31, of               each yeah However, to facilitate the large numbers of licensed           security officers within the District of Columbia, renewal                 begins October 1, of each year.

 

     3.   The term “Security Officer” does not include any of the                 following:

 

          a.   Persons commissioned as special police officers;

 

          b.   Persons working in their official capacity as employees of                    the federal government; or

 

          c.   Members of the Metropolitan Police Department or the public               police force of any other jurisdiction.

 

     4.   No person shall be employed as a security officer unless that           person has first been certified by the Mayor as being of good           moral character.

 

 

 

 

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     5.   To determine good moral character, the Mayor shall consider             information from the applicant’s previous employers of the past               five (5) years, character references, convictions for                        misdemeanors, military record, and any other relevant                         information that the Mayor’s investigation reveals.

 

     6.   Each applicant for certification shall be required to submit a               physician’s certificate stating, that to the best of the               physician’s knowledge after examining the applicant, the               following:

 

          a.   The applicant is not presently addicted to drugs or                     alcohol;

 

          b.   The applicant is not suffering from any debilitating mental               defect or disorder; and

 

          c.   The applicant is not suffering from serious heart disease,                    severe epilepsy, or other physical defect which might cause              substantial loss of control in situations of severe stress.

 

     7.   An applicant who is in either of the following categories shall               not be eligible for certification as a security officer unless             they meet the burden of proving to the Board of Appeals and           Review that they are not a significant safety risk to the                    community and meet all other requirements for certification:

 

          a.   Released from incarceration for a felony conviction in any                    jurisdiction in the United States within two (2) years                    prior to the date of filing an application for                          certification; or

 

          b.   Released from incarceration for a misdemeanor conviction in               any jurisdiction in the United States involving larceny or                    involving the illegal use, carrying, or concealment of a                  dangerous weapon within one (1) year prior to the date of                 filing an application for certification.

 

Note:     A person on conditional release from any judiciary within the United States, is prohibited from making an application as a security officer. Additionally, if the condition of release is for a felony, two (2) years must expire and if a misdemeanor, one (1) year must expire from the anniversary of the release from conditions set by the court, to be eligible to make an application (e.g., probation, parole. etc.).

 

 

 

 

 

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     8.   An individual who makes application for a security officer’s           license and meets the initial requirements as set forth in DCMR               Title 17, Chapter 21, Sections 2103, 2105 and 2106 may be issued        a temporary identification card while their application is being         processed. The temporary identification card shall have                 inscribed conspicuously across its face the word “TEMPORARY” and       shall contain on its face an expiration date that is not later               than six (6) weeks after the date of issuance. If extenuating             circumstances exist a temporary license may be extended by re-              issuing a new temporary identification card.

 

F.   Weapons.

 

     1.   Unless otherwise approved by the Chief of Police, special police           officers shall carry a .38 caliber revolver with a 4” barrel.           Authorization to possess shotguns may be given with additional               firearms training required.

 

     2.   The conditions under which special police officers may carry           firearms are set forth in Chapter Xl of the Police Manual.                  Special police officers are permitted to carry blackjacks while              acting within the scope of their authority and while performing              the duties for which they have been commissioned.

 

3.              If a security officer, private detective, or special police officer who does not possess a commission authorizing the carrying of a firearm is discovered carrying a firearm, they are in violation of the D.C. Code, § 22-3204, “Carrying Dangerous Weapons” and are subject to arrest and prosecution just as a private citizen. A security officer or private detective who is carrying a blackjack is in violation D.C. Code §22-3214. “Possession of a Prohibited Weapon.” The same will apply to a special police officer carrying a firearm or blackjack other than as authorized by their commission. There is nothing in the law to prevent those authorized to carry firearms at a specific location to carry their firearm while in fresh pursuit or while immediately adjacent to the property or area for which they are commissioned.

 

     4.   Upon learning that any special police officer has discharged his           weapon while on or off duty, and in the District of Columbia,           the officer(s) arriving on the scene are responsible for                notifying the official in charge of the Communications Division.

 

 

 

 

 

 

 

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G.   Reporting Incidents Involving Security Personnel.

 

     1.   All criminal and serious traffic violations by private security               personnel shall be reported and the appropriate reports                 prepared.  The reporting officer shall notify a member of the           Security Officers Management Branch no later than the next                    business day after making an arrest or filing a report.

 

     2.   Members shall report all violations of the D.C. Code, Police           Manual and DCMR Title 6-A, and 17 pertaining to private                 detective agencies, private detectives, special police officers,           and security officers, when complaint numbers (CCN) are                 obtained, to the Security Officers Management Branch, Audit &           Compliance Division, during business hours.

 

     3.   Any member making an arrest for violations of the regulations           that pertain to private security, shall immediately notify the               watch commander in the District where the violation occurred.

 

     4.   Minor violations of security regulations shall be enforced by           executing a PD 61-D (Violation Citation), or a PD 251 (Incident               Report) and/or a verbal warning (e.g., failure of a security               officer to display identification upon request). If a question           arises as to how to proceed, you may contact the Security                Officers Management Branch for guidance.

 

     5.   It is the policy of the department that minor violations                committed by security personnel will not be enforced by a                   summary arrest, except in aggravated circumstances.

 

     6.   Members who make contact with a person who is performing as             either a private detective or uniformed security officer without           a license, shall, where an arrest is not contemplated, summon           the individual and their agency representative for a hearing in               the Corporation Counsel’s Office. A representative of the                    Security Officers Management Branch shall be notified of the             hearing and the disposition.

 

H.   Suspensions.

     When a special police officer is arrested for any offense which would      justify the suspension of a member of the Metropolitan Police      Department, the special police officer shall be suspended by a member      of this department of the rank of sergeant or above. However, sworn      members assigned to the Security Officers Management Branch have the      same authority to suspend as a sergeant or above. Upon suspension the      special police officers commission, badge, firearm, and any other      dangerous weapon shall be taken from

 

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Part II

 

A.   Distribution of Reports.

     The original of PD Form 251 shall be forwarded to the Identification      and Records Division where copies of all violations that pertain to      private security and the arrest of all private security personnel      shall be made and distributed as follows:

 

     1.   The Director, Audit & Compliance Division.

     2.   Division or district as applicable.

 

     If an arrest was reported, a copy of any previous arrest record of      the defendant shall be attached by the Identification and Records      Division.

 

PART III

 

A.   Director. Audit & Compliance Division.

     The Director, Audit & Compliance Division, shall make the appropriate      notification involving violations to the Commander, Security Officers      Management Branch.

 

B.   Watch Commander. Communications Division.

     The official in charge of the Communications Division shall be      responsible for notifying the commanding officer of the district   in which an incident involving the discharge of a weapon by a special police officer has taken place.

 

C.   Commanding Officers.

     Upon notification by the Communications Division that a weapon has      been discharged by a special police officer, an official shall be      designated to respond to the scene and conduct the preliminary      investigation. A full   report shall be prepared and submitted, with      recommendations, through channels, to the Director, Audit &      Compliance Division.

Chief of Police

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(4) Attachments follow