Use of ForceQuestion 71 of 200

A guard encounters a person who appears to be in mental health crisis (disoriented, talking to unseen persons, no clear threat). The appropriate response is generally:

a.Immediate physical restraint to bring the situation under control, since a person who is disoriented and talking to people who are not there is unpredictable and may turn violent without any warning
b.Demand that the person leave the premises within 60 seconds and make a citizen's arrest for trespass if they are still there when the time is up, since a clear deadline removes any ambiguity for both sides
c.Use OC spray to subdue the person and then detain them until police arrive, on the basis that a chemical agent is safer for everyone present than a hands-on struggle with someone in crisis
d.Slow the encounter, attempt verbal de-escalation, maintain distance, and request medical/mental health professionals or police trained in crisis response — consistent with §835a(a)(4)'s recognition that those with mental health issues may need a measured response

Explanation

Penal Code §835a(a)(4) recognizes that persons with disabilities, mental health conditions, or developmental disabilities may not respond to commands as expected and may need an approach that recognizes those characteristics. Welfare & Institutions Code §5150 authorizes peace officers (and certain designated professionals) to take a person into custody for a 72-hour mental-health evaluation; security guards are not §5150 designees and should call for trained response. Forced restraint (a, c) or arbitrary time pressure (b) often escalates crises and creates legal exposure.

Law Reference: Cal. Welfare & Institutions Code §5150; Cal. Penal Code §835a(a)(4)

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