Exhibit 10 MD Police Advisory LD-SSU 15-002 - Scope of Security Certification.pdf

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Attached to
Explosive Detection Canine Team Federal contract opportunity
Solicitation number
95476725R1000
Issued by
United States Holocaust Memorial Museum

About this file

This document is an advisory from the Maryland State Police Licensing Division regarding the scope of certification for security guards in the state of Maryland. It clarifies that security guards certified under Title 19 of the Business Occupations and Professions Article do not have powers of arrest, except in limited circumstances where a felony is being committed or there is a breach of the peace. The advisory outlines the common law privilege of a property owner to detain someone believed to have wrongfully taken their property, but notes this privilege is limited to prevention of theft or recapture of property, and does not extend to detention for punishment. The advisory encourages licensed security guard agencies to provide clear guidelines to their employees on the scope of their authority.

The related federal contract opportunity is for the United States Holocaust Memorial Museum to acquire management, supervision, labor, equipment, supplies, and veterinarian services for an Explosive Detection Canine Team. The contract will assist the Museum's Division of Protection Services in creating and maintaining a safe and secure environment. The contractor's personnel will perform services at the Museum's facilities in Washington, D.C. and Bowie, MD.

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Text version

July 14, 2015

SECURITY GUARD – SCOPE OF CERTIFICATION

The Maryland State Police, Licensing Division, has been asked whether or not a security guard is able to make an arrest to protect property, and/or persons located on the property, which the guard has been employed to protect.

Maryland’s Business Occupations and Professions Article § 19-101(j) defines a security guard as an individual who provides security guard services to any person on behalf of a security guard agency. Security guard services include any activity that is performed for compensation as a security guard to protect any individual or property. There are no powers of arrest granted to a security guard, certified under Title 19, of Maryland’s Business Occupations and Professions

Article.

In Great Atlantic & Pacific Tea Co. v. Paul, 256 Md. 643, 261 A.2d 731

(1970), the Maryland’s Court of Appeals described the authority of a citizen to make an arrest in Maryland. In the State of Maryland, a private person has the authority to arrest without a warrant, only when;

a. there is a felony being committed in his presence

b. when a felony has been committed whether or not in his presence, and the person/arrester has probable cause to believe the person he arrested committed the felony

c. there is a misdemeanor being committed in the presence or view of the person/arrester pertaining to a breach of the peace. Breach of the peace signifies disorderly, dangerous conduct disruptive of the public peace.

There is a narrow exception to the general rules of arrest by a private person pertaining to a property owner. Any property owner has a common law privilege

Maryland State Police

Licensing Division

ADVISORY

LD-SSU-15-002

USHMM RFP 95476725R1000

EXHIBIT 10

PAGE J.13.1 (OF 2)

to detain against his will any person he believes has tortuously taken his property.

This privilege can be exercised only to prevent theft or to recapture property, and does not extend to detention for the purpose of punishment. This common law right is exercised at the peril of the property owner, who could be held liable for false arrest, if the property is not unlawfully in possession of the person detained.

§ 19-501, of the Business Occupations and Professions Article, holds the security guard agency responsible for acts of its employees. As such, licensed agencies are encouraged to provide clear guidelines for its employees when the employee is conducting the business of the agency.

Licensing Division

Security Guard – Scope of Certification

Advisory – LD-SSU-15-002

July 14, 2015

PAGE J.13.2 (OF 2)

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