CPTED Security Assessments and Liability

1. CPTED Security Assessments and Liability 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

2. 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.

3. Components Anticipation Recognition Appraisal Crime Risk Initiation of action to remove or reduce a crime risk Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

4. Nine Points of Concern 1.) General purpose of the building 2.) Hazards involving the building or occupants 3.) Police or security applications 4.) Physical recommendations (doors, windows, lighting, access points, landscaping, etc.) Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

5. Nine Points of Concern 5.) Locks, keys and/or card control 6.) Alarms 7.) Storage (money, expensive equipment, chemicals, etc.) 8.) Signs 9.) Custodial, maintenance and delivery personnel Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

6. Best time to conduct survey When people are there – normal working hours Allows observation of routine activities of customers and employees When people NOT are there – business is closed Allows lighting assessment, shadows, locked doors, etc. Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

7. 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? Could you still get around safely? What if you were alone here late at night? Would you feel safe? Would the answer be the same if it was your wife, mother or sister? Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

8. Assessment Guidelines How is the lighting? Could you identify a person at 25 or vehicle at 75 feet? Is the lighting evenly distributed? Is it working? How are the sightlines? Are there bushes, pillars, hidden alcoves and corners? Would security mirrors help? Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

9. Assessment Guidelines Are there signs? Are there enough and are they prominent enough to be useful? Are there too many - confusing? Is the route they suggest safe? Are there entrapment areas? Loading docks, recessed doorways, small sheds, privacy fences, etc. Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

10. Assessment Guidelines 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? Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

11. Assessment Guidelines What are the Ear isolation distances? How far away would other people be during the day? How about at night? Is the area patrolled by guards or police? Are they visible Are there security phones? If so, how far away are they? Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

12. Assessment Guidelines What are your escape routes? How easy would it be to get away to safety? Is there more than one route? What about nearby land use? What is it used for? Is it offices, restaurants, factories, houses, etc? Do they offer more or less safety to you? Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

13. Assessment Guidelines What are the movement predictors? Are there escalators, elevators, tunnels, paths that provide hiding places? Is it relatively easy to find your way around? Are entrances and exits readily apparent? Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

14. Assessment Guidelines 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? Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

15. Assessment Guidelines 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? Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

16. Assessment Guidelines 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? Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

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

18. The Assessment Report Have a cover page CPTED assessment of _______ property Prepared for: _______ Prepared by: _______ Date: __________ Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

19. The Assessment Report Table of Contents Introduction to CPTED Disclaimer Environmental Narrative Location Description of Property CPTED Assessment General Problems Lighting Problems Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

20. The Assessment Report Table of Contents – concluded CPTED Recommendations General Recommendations Lighting Recommendations Picture Appendix Let’s look at an example in your handouts Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

21. The Assessment Report 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. Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

22. The Assessment Report 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. Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

23. The Assessment Report Environmental Narrative Location Give the geographical location of the property sufficient that even someone unfamiliar with the property can visualize its orientation and location List street boundaries, main entrances, approximate size, and so forth Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

24. The Assessment Report Environmental Narrative Description of the Property Describe the property itself…type of building, construction, approx. age, sq. ft. # of apt. units, etc.) fencesetc. Describe the adjoining property or roadways, listing things such as amount of traffic, condition of property/road, state of repair/disrepair, etc. Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

25. The Assessment Report Environmental Narrative CPTED Assessment Begin by stating the date that the daytime survey were done If a prior survey was done, briefly state the owners response to it. Were suggestions implemented or not. Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

26. The Assessment Report Environmental Narrative 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 Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

27. The Assessment Report Environmental Narrative CPTED Assessment – Lighting Problems Begin by giving the date of the nighttime assessment 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. Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

28. The Assessment Report Environmental Narrative CPTED Assessment – General Recommendations List the suggestions in the same order as the deficiency 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 Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

29. The Assessment Report Environmental Narrative CPTED Assessment – Lighting Recommendations List the suggestions in the same order as the deficiency 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 319with a metal halide light” May give a minimum and maximum recommendation Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

30. The Assessment Report 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 Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

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

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

33. LIABILITY Generally alleges the following deficiencies… Inadequate lighting Inadequate locks Poor access control Poorly trained guards Poor management policies Deliberate Indifference Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

34. LIABILITY English common law No special relationship No duty to act Early American case law Trade professionals must meet the standards of their calling This created the law of “special relationships” Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

35. LIABILITY Special Relationships Expectation by one party as to the undertakings of another Ex: Innkeeper/guest - common carrier/passenger More Early American case law Assumed Duty Arises when one with no otherwise legal duty to protect others, voluntarily assumes to do so. Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

36. LIABILITY Assumed Duty May be implied Ex: Hiring guards, installing cameras, locking gates Mid-20th Century American Law Courts expanded “special relationships” Generally created if one party takes ANY action to safeguard another person Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

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

38. LIABILITY Case Law – 1980’s to present: Developed the “totality of the circumstances” Prior incidents only one factor to consider now Other Considerations Nature of the business or relationship Surrounding locale Lack of customary security precautions Experience of business owner Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

39. LIABILITY Criticism by property owners Impossible standard Counter-point Not an “abstract” sense Considers if “below a reasonable or generally acceptable standard” for that particular industry Also, deficiency must be a “substantial contributing factor” to the incident Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

40. 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. May be double-edged sword Plus – May be used to demonstrate that owner did all that was reasonably necessary and prudent Minus – Just the opposite – owners actions or inactions were inadequate in the circumstances Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

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

42. LIABILITY Where does that leave us? Be thorough Follow all accepted CPTED standards Follow all accepted industry standards Be sure to stay current on case law regarding both Be sure your recommendations are understandable and specific Be sure you have liability insurance coverage Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.

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

44. Sgt. Steve Garst Little Elm Police Department Community Services Division 100 W. Eldorado Parkway Little Elm, Texas 75068 Phones: (972) 377-1885 Office (469) 853-3846 Cell E-mail: communityservices@littleelm.org Sgt. Steve Garst L.C.C./C.C.P.S Little Elm Police Dept.