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Upon arrest of an individual, a security guard or a citizen must?

A. Take a cautioned statement
B. Handcuff the individual
C. Search the individual for weapons
D. Turn the individual over to police

1 Answer

1 vote

Final answer:

A security guard or a citizen must turn the individual over to the police upon arrest. They are not responsible for taking cautioned statements, handcuffing individuals, or conducting searches, which are tasks for law enforcement to ensure protection of rights and adherence to legal protocols.

Step-by-step explanation:

Upon the arrest of an individual, a security guard or a citizen must: D. Turn the individual over to police. It is important to note that while individuals like security guards may have the authority to detain suspects until law enforcement arrives, they do not have the same rights or responsibilities as police officers. After an arrest, the individual's rights must be protected; this includes the right to remain silent and the right to an attorney, as established by the Miranda rights. It is not the responsibility of a security guard or a citizen to take a cautioned statement, handcuff the individual (unless necessary for safety reasons), or search the individual which should typically be done by the police to ensure the sanctity of probable cause and adherence to the Fourth Amendment.

If a security guard or a citizen detains an individual suspected of a crime, the correct protocol is to call and wait for the police to arrive and handle the situation from there. The police will conduct any necessary searches for weapons as per the guidelines set forth in Terry v. Ohio, ensure the suspect's right to legal counsel, and if applicable, provide the Miranda Warning to preserve the admissibility of any statements in court.

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