OHIO SECURITY OFFICER USE OF FORCE
Applicable Ohio Revised Code and Tennessee v. Garner
Prepared/Presented By:
OPOTA — Commander T. Reed
Professional Training & Law Enforcement Credentials:
Ohio Peace Officer Training Academy (OPOTA)
Commander T. Reed
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I. PURPOSE
The purpose of this section is to establish a professional framework for the lawful use of force by security personnel operating in the State of Ohio.
Security personnel shall exercise sound judgment, use only the degree of force reasonably necessary under the circumstances, and comply with applicable Ohio law, organizational policy, training requirements, and the limits of their lawful authority.
II. CONSTITUTIONAL STANDARD — TENNESSEE v. GARNER
Tennessee v. Garner, 471 U.S. 1 (1985), is a significant United States Supreme Court decision addressing constitutional limitations on the use of deadly force against a fleeing suspect.
Under Garner, law-enforcement officers may not use deadly force solely because a suspect is attempting to flee. Deadly force may be constitutionally justified when the circumstances establish probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.
Although Garner directly addressed governmental law-enforcement action under the Fourth Amendment, its principles provide an important legal and operational benchmark when developing and evaluating use-of-force practices.
Flight alone does not constitute sufficient justification for deadly force.
III. APPLICABLE OHIO REVISED CODE
ORC § 2901.01 — Definitions
Establishes definitions relevant to Ohio criminal law, including concepts concerning force and deadly force.
ORC § 2901.05 — Self-Defense and Defense of Another
Establishes Ohio’s statutory framework concerning self-defense and defense of another.
ORC § 2935.04 — Private-Person Arrest
Addresses circumstances under which a private person may make an arrest without a warrant.
ORC § 2935.041 — Detention of Shoplifters
Provides specific authority concerning the detention of persons reasonably believed to have committed qualifying theft-related offenses involving merchandise.
ORC § 2935.06 — Private-Person Arrest Procedures
Addresses procedures following a private-person arrest and the delivery of an arrested person to the appropriate authority.
IV. APPLICATION TO SECURITY OPERATIONS
Security personnel should understand the following fundamental principles:
1. Flight alone does not justify deadly force.
2. Authority to detain or arrest does not automatically authorize deadly force.
3. The existence of an immediate threat must be independently evaluated.
4. The totality of the circumstances must be considered.
5. Force should be reasonable and proportionate to the lawful objective and circumstances.
6. Security personnel should request law-enforcement assistance when circumstances exceed their lawful authority, training, or ability to safely manage the incident.
V. OPERATIONAL EXAMPLE
If a security officer observes a suspected shoplifting offense and the individual runs from the property without displaying a weapon, making threats, or otherwise demonstrating an immediate threat of death or serious physical injury, the individual’s flight alone does not establish a justification for deadly force.
The security officer should follow applicable company policy and Ohio law concerning observation, reporting, detention, pursuit, and notification of law enforcement.
If, however, an individual presents an immediate threat of death or serious physical injury to the security officer or another person, the circumstances must be evaluated under the applicable provisions of Ohio law governing self-defense and defense of another.
VI. PROFESSIONAL POLICY STATEMENT
Security personnel shall not use deadly force solely to prevent the escape of a fleeing person. Any use of deadly force must be supported by a legally recognized justification under applicable Ohio law and must be consistent with the individual’s lawful authority, training, and organizational policy.
Tennessee v. Garner should be understood as an important constitutional limitation concerning deadly force against fleeing suspects, while applicable Ohio Revised Code provisions establish the statutory framework governing self-defense, defense of others, private-person arrest, and detention.
VII. TRAINING PRINCIPLE
«“Flight is not, by itself, a deadly-force justification. The critical question is whether the circumstances establish a legally sufficient and immediate threat of death or serious physical injury.”»
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Prepared/Presented By
Commander T. Reed
OPOTA-Certified Law Enforcement Professional
Security & Law Enforcement Training
