Pat-down by security agents

Are you a security officer ? Do you want to become one? Does your company have security officers? Here are the rules to follow. 

Pat-down searches

Pat-down searches can be performed during special circumstances related to more or less serious threats to public safety. It presupposes the consent of the person being searched. It is a security measure intended to verify if a person possesses one or more dangerous objects. It consists of applying light pressure on clothing and accessories worn in order to detect the presence of potential dangerous objects. It is forbidden to insert hands into clothing pockets.

In case of a terrorist threat, the prefect sets conditions under which searches can be carried out (a duration and a location).

You must not confuse pat-downs with searches which are judicial measures, carried out by a judicial police officer or under their orders. In order to be able to perform a pat-down search, you must obtain certain authorizations. When you work as a security officer, you must be authorized by CNAPS and comply with certain conditions: 

 - The pat-down must be performed by a person of the same gender;

 - It must be done with the consent of the person, who, if they refuse, will be denied access to the controlled area;

 - If possession of the object constitutes an offense, police or gendarmerie services can be alerted and agents must then follow any instructions transmitted. Otherwise, following the procedure in place, the object can be kept for the duration that the person remains on the premises and then returned to them upon exit.

For each of its officers, the employer must make an authorization request, valid within the limit of the activity period within the company or until the withdrawal of their professional card, as applicable.

If you are the organizer of a sporting, recreational or cultural event gathering more than 300 people, this authorization, once issued, is then valid for a period of three years. 

To perform the pat-down, there are two scenarios:

 - In case of special circumstances related to the existence of threats to public safety, by prefectural order. Article L.613-2 of the CSI

 - For access to a sporting, recreational or cultural event gathering more than 300 spectators. Article L. 613-3 of the CSI

Pat-down searches, reserved for access to enclosed premises, must be carried out under the supervision of a territorially competent judicial police officer.

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