Presented August 2008 Arlington Police Department Presented by Sgt. Steve Garst, L.C.C. Certified Crime Prevention Specialist Community Services Division.

Presented

August 2008

Arlington Police Department

Presented by

Sgt. Steve Garst, L.C.C.

Certified Crime Prevention Specialist

Community Services Division

Little Elm Police Department, Texas

CPTED Security Assessments and Liability

Definition

Security Assessment

“ A critical on-site examination and analysis of an industrial plant,

business, home, public or private institution, to ascertain the present

security status, to identify deficiencies or excesses, to determine the protection needed, and to make

recommendations to improve the overall security.”

Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

Components

Anticipation

Recognition

Appraisal

Crime Risk

Initiation of action to remove or reduce a crime risk


Nine Points of Concern

1.) General purpose of the building

2.) Hazards involving the building or occupants3.) Police or security applications

4.) Physical recommendations

(doors, windows, lighting, access points, landscaping, etc.)


Nine Points of Concern

5.) Locks, keys and/or card control

6.) Alarms

7.) Storage

8.) Signs

(money, expensive equipment, chemicals, etc.)


9.) Custodial, maintenance and delivery personnel

Best time to conduct survey

When people are there – normal working hours

Allows observation of routine activities of customers and employees

Allows lighting assessment, shadows, locked doors, etc.


When people NOT are there – business is closed

Assessment Guidelines

What is your “gut” reaction to the place?

Try to sum it up in five words or less

What if you were disabled in some way?

What if you were alone here late at night?

Could you still get around safely?


Would you feel safe?

Would the answer be the same if it was your wife, mother or sister?


How is the lighting?

Could you identify a person at 25 or vehicle at 75 feet?

How are the sightlines?

Is the lighting evenly distributed?


Are there bushes, pillars, hidden alcoves and corners?

Would security mirrors help?

Is it working?


Are there signs?Are there enough and are they prominent enough to be useful?

Are there entrapment areas?

Are there too many - confusing?


Loading docks, recessed doorways, small sheds, privacy fences, etc.

Is the route they suggest safe?


What are the EYE (SIGHT) isolation distances?

How many people are likely to be around during the day?

How about at night?


Is it easy to predict when people will be around?


What are the Ear isolation distances?

How far away would other people be during the day?

How about at night?


Are they visible

Is the area patrolled by guards or police?

Are there security phones?

If so, how far away are they?


What are your escape routes?

How easy would it be to get away to safety?

Is there more than one route?


What is it used for?

Is it offices, restaurants, factories, houses, etc?

Do they offer more or less safety to you?

What about nearby land use?


What are the movement predictors?

Are there escalators, elevators, tunnels, paths that provide hiding places?


Are entrances and exits readily apparent?

Is it relatively easy to find your way around?


What is the human factor?

Does it “feel” cared for or abandoned?

Would more/less landscaping, lighting etc. help?


Are there adequate public restrooms?

Are they centrally located or hidden down some dark corridor?


Maintenance

Is it well maintained?

Is litter picked up?


Are there broken windows?

Are lights out or broken?

Improvements

What would you like to see changed?


Study those crime stats

Go back at least 6 months?

A year is better?


Circumstances may dictate longer time periods?

Get demographic information

What is the ethnicity, gender, etc. of the neighborhood?


Interview people

Talk to users of the property

Talk to neighbors


Talk to managers, owners, etc.

Study adjacent land use

Surrounding areas will affect the property, good or bad

Walk the property

The Assessment Report

Have a cover page

CPTED assessment of _______ property

Prepared for: _______


Prepared by: _______

Date: __________


Table of Contents

Introduction to CPTEDDisclaimer


Environmental Narrative

Location

Description of PropertyCPTED AssessmentGeneral ProblemsLighting Problems


Table of Contents – concluded

CPTED Recommendations


General Recommendations

Lighting Recommendations

Picture Appendix

Let’s look at an example in your handouts


Introduction

Begin with the definition of CPTED…


…based on the premise that the proper design and effective use…

State the four key concepts with a one sentence explanation of each

Natural surveillance, natural access control, territorial reinforcement and maintenance.


Disclaimer

No set format


Must include some statement to the effect that…

…the implementation of the suggestions in the report is no guarantee that crime will go down or make the property crime-proof.



Give the geographical location of the property sufficient that even someone unfamiliar with the

property can visualize its orientation and location


Location

List street boundaries, main entrances, approximate size, and so forth



Describe the property itself…type of building, construction, approx. age, sq. ft. # of apt. units, etc.) fences etc.


Description of the Property

Describe the adjoining property or roadways, listing things such as amount of traffic, condition of property/road, state of repair/disrepair, etc.



Begin by stating the date that the daytime survey were done


CPTED Assessment

If a prior survey was done, briefly state the owners response to it. Were suggestions implemented or

not.




CPTED Assessment – General Problems

List the location of the deficiency sufficiently that someone can walk there and find it

Provide as much detail as needed to sufficiently describe the observed deficiency

Take pictures wherever possible

Index the pictures



Begin by giving the date of the nighttime assessment


CPTED Assessment – Lighting Problems

State any observations that were unique to the night versus the day survey

List details of each observed lighting deficiency

Avoid statement such as “too dark” or “too bright”

Rather, describe the conditions.



List the suggestions in the same order as the deficiency


CPTED Assessment – General Recommendations

Be as specific as possible in the recommendation

Ex: Don’t say “trees need trimming”. Instead say, “trim lower limbs of all trees from the ground up to a distance

of at least seven (7) feet”

May give a minimum and maximum recommendation



List the suggestions in the same order as the deficiency


CPTED Assessment – Lighting Recommendations

Be as specific as possible in the recommendation

Ex: Don’t say “need different light”. Instead say, “replace the broken incandescent light fixture on the

existing pole located at the entrance to apartment 319 with a metal halide light”

May give a minimum and maximum recommendation


Pictures

Wherever possible or practical, take pictures of each deficiency


Be certain the picture clearly depicts the deficiency

Number each picture and provide a picture index

Take pictures that show deficiency in context with surrounding area

Limit night pictures – they often just turn out as black/blank meaningless blobs

LIABILITYISSUES


LIABILITY

Commonly called “premises liability”

Looking for “deep pockets.”


Generally, alleges that the property owner failed to provide adequate security, thereby

contributing to the crime

Alleges the crime was “foreseeable” and therefore “preventable”

LIABILITY

Generally alleges the following deficiencies…

Inadequate lighting


Inadequate locks

Deliberate Indifference

Poorly trained guards

Poor management policies

Poor access control

LIABILITY

English common law

No special relationship


No duty to act

This created the law of “special relationships”

Trade professionals must meet the standards of their calling

Early American case law

LIABILITY

Special Relationships

Expectation by one party as to the undertakings of another


Ex: Innkeeper/guest - common carrier/passenger

Arises when one with no otherwise legal duty to protect others, voluntarily assumes to do so.

Assumed Duty

More Early American case law

LIABILITY

Assumed Duty

May be implied


Ex: Hiring guards, installing cameras, locking gates

Generally created if one party takes ANY action to safeguard another person

Courts expanded “special relationships”

Mid-20th Century American Law

LIABILITY

General Defense - Foreseeability

Developed “prior similar incidents rule”


If there was no prior similar problem, there was no foreseeability

Critics began calling it the “one free rape rule”

LIABILITY

Case Law – 1980’s to present:

Developed the “totality of the circumstances”


Prior incidents only one factor to consider now

Surrounding locale

Nature of the business or relationship

Other Considerations

Lack of customary security precautionsExperience of business owner

LIABILITY

Criticism by property owners

Impossible standard


Considers if “below a reasonable or generally acceptable standard” for that particular industry

Not an “abstract” sense

Counter-point

Also, deficiency must be a “substantial contributing factor” to the incident

LIABILITY

Where does that leave us with CPTED?

Crime experts now routinely develop pro-active security plans for properties where no crime has yet occurred.


Plus – May be used to demonstrate that owner did all that was reasonably necessary and prudent

May be double-edged sword

Minus – Just the opposite – owners actions or inactions were inadequate in the circumstances

LIABILITY

Case Review and Group Presentation

Convenience Store


Shopping Center and Mall

Apartment Building

Each group will give the relevant facts, followed by conclusions or recommendations

LIABILITY

Where does that leave us?

Be thorough


Follow all accepted CPTED standardsFollow all accepted industry standards

Be sure to stay current on case law regarding bothBe sure your recommendations are understandable and specific

Be sure you have liability insurance coverage

ANY QUESTIONS


Sgt. Steve Garst

Little Elm Police DepartmentCommunity Services Division

100 W. Eldorado ParkwayLittle Elm, Texas 75068

Phones:

(972) 377-1885 Office

(469) 853-3846 Cell

E-mail: [email protected]


Presented August 2008 Arlington Police Department Presented by Sgt. Steve Garst, L.C.C. Certified Crime Prevention Specialist Community Services Division.

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