South Dakota Security Guard Practice Exam

What requirement makes the report as evidence in a court of law not admissible?

1. The record must be made in the usual and ordinary course of business

2. The record must be made in pen and/or pencil at the time of the event

3. The record must be created at or near the time of the event it is recorded

4. The observation and recording must have been done through a business obligation

The correct answer is: The record must be made in pen and/or pencil at the time of the event

The use of pen or pencil to record events at the time they occur does not necessarily impact the admissibility of a security guard's report as evidence in a court of law. What matters more is the accuracy, immediacy, and credibility of the report. It's not the medium of recording that determines admissibility, but rather how and when the report was made. Therefore, the statement that a record must be made in pen and/or pencil at the time of the event does not accurately represent a requirement for a report to be admissible as evidence. Instead, a report becomes a valid piece of evidence when it is created during the usual and ordinary course of business (which shows that the guard was performing their official duties); when it is created at or near the time of the incident (which maintains the authenticity and relevance of the evidence); and when the observation and recording was warranted by a business obligation (meaning, it was within the guard's professional responsibility to record such incidents). These aspects contribute to the report's credibility and reliability, hence making it more likely to be considered admissible evidence in court.