Robert A. Gardner, CPP

Litigation Support

Professional Services

Case Evaluation
Theory Formulation
Discovery Issues & Questions
Specialized Investigation
Reports and Declarations
Expert Testimony
Security Expert Vetting

If you are seeking a security expert to advise and educate you honestly and objectively - for better or worse - regarding the merits of your case, I can help. I am not a "professional expert witness" but rather, a working security professional with impeccable credentials to support my opinions, and the communications skills to explain them clearly and concisely. The diversity and depth of my training and experience gives me a unique and original perspective on security and crime related issues. My clients often find that I can offer them insight, theories, and arguments that they had not previously considered. I will provide you with the best possible assistance in evaluating, preparing, and presenting your case.

I have qualified and testified as a security expert in California, Nevada and South Dakota State Courts and United States District Court. I have provided deposition testimony, expert reports, and written declarations in various Federal, California, Nevada, and Arizona court proceedings.

Sample Reports

To assist you with your decision to retain my services, I've provided actual - albeit slightly redacted - Expert Reports from two of my past cases. The reports appear as they were submitted except that all identifying information has been altered or deleted to protect the privacy of the litigants.   As some of my current cases conclude, additional reports will be added.

     Plaintiff                                     Defense

Adult Nightclub      Hotel Casino
Hotel Nightclub                                Hotel Casino
Apartment Complex                   Neighborhood Bar
Retail Store

Fee Agreement and CV

An effective Fee Agreement is the key to a successful working relationship between Attorney and Expert. Over the years my standard Fee Agreement has gradually evolved from a simple retention letter to a comprehensive schedule of terms and fees. Unfortunately, in the process it also became less user friendly; less accomodating to the needs of my Attorney clients; and less flexible than my business philosophy requires. The publication of these new versions of my Fee Agreement will eliminate many of those shortcomings.

Some highlights of the new Fee Agreements include:

● Simplified jurisdiction specific Agreements replace the single less precise document previously used.

● Retainer structure has been improved to more accurately address anticipated tasks, streamline billing, and reduce Attorney accounting workload.

● Case cost management has been simplified by reducing the uncertainty of hourly rates through task bundling and fixed fee report production.

● Trial Appearance rates have been restructured to reduce total fees, simplify billing, and assist Attorneys in anticipating and managing costs.

● Base hourly rate is unchanged and on-call hourly rates have been reduced.

● Hourly rates for long distance travel have been significantly reduced.

● Overnight lodging requirements have been reduced.

Links to Fee Agreements and CV:

Expert Fees: Nevada State and U.S. Federal Courts

Expert Fees: California and Arizona State Courts

Review CV

Expertise

Issue:

Detention, Arrest and Use of Force by Security Officers, Bouncers, Bodyguards and Non-Security Personnel

Qualifications:

● Extensive Law Enforcement and Private Security training and experience with regard to legal and tactical considerations affecting detentions and arrests by Private Security Personnel
● Extensive Law Enforcement and Private Security training and experience with regard to Use of Force in detention and arrest situations by Private Security Personnel
● Court Qualification as a expert in Detention, Arrest and Use of Force by Private Security Personnel
● Author: "Citizen's Arrest (Private Person's Arrest)" in Retail Crime, Security, and Loss Prevention - An Encyclopedic Reference

Issue:

Conduct, Operational Policies, Standards & Procedures, Licensing Requirements and Unlicensed Practices involving Private Patrol Companies, Private Investigators, Security Consultants, Contract and In-House Security Officers, Retail Loss Prevention Agents, Bouncers, Bodyguards, Security Expert Witnesses, and other security related personnel

Qualifications:

● Industry Certified as a Certified Security Professional
● Thirty-seven years of experience in the Security and Investigation Industry
● Certification Auditor for the California Association of Licensed Security Agencies, Guards, and Associates' - "Certified Security Services Provider Program"
● Security Officer Quality Assurance Representative for security agency providing guard services to the Ronald Reagan Presidential Library
● Qualified Manager for a security agency providing guard services for the U.S. Government's NASA/Goldstone Deep Space Communications Complex
● Professional Certification Committee member - ASIS International, Santa Barbara Chapter
● Professional Certification Committee member - California Association of Licensed Investigators
● Licensed Private Investigator in California, Nevada, and Arizona
● Licensed Private Patrol "Qualified Manager" in California and Nevada
● Nevada Licensed Security Consultant
● Retail Loss Prevention Agent and Manager; Retail Corporation Headquarters and Warehousing Security Supervisor
● Police Special Enforcement Unit Supervisor enforcing Alcoholic Beverage Control laws in bars, restaurants and other liquor sales establishments
● Active involvement with regard to Regulatory Issues and Professional Standards in several professional security and investigation organizations
● Certified Firearms Instructor; Use of Force, Firearms, Baton and Chemical Weapons training and experience

Issue:

Premises Security Adequacy & Negligence, Building & Site Design for Security, Security and Crime Prevention Standards and Practices in Multi-Housing, Lodging, Parking and Special Use Facilities, Security Related Employment Practices, Crime Foreseeability, Security of sensitive personal and business records

Qualifications:

● Board Certified in Security Management as a Certified Protection Professional
● Nationally recognized expert on Crime Prevention Through Environmental Design
● Training and experience in the development and implementation of Security and Crime Prevention Programs
● Training and experience in the Assessment and Recognition of Security and Crime risks
● Training and experience in Physical Security planning and management
● Law Enforcement Crime Prevention Unit Supervisor
● Experience as a Police Officer and Detective Sergeant investigating crimes against property and persons
● Author of numerous articles and manuals on Security and Crime Prevention subjects
● Certified Crime Free Multi-Housing Instructor

Issue:

Standards and Practices relating to Workplace Violence, Employee Screening and Supervision, and Violent Third-Party Crime Incidents

Qualifications:

● Training and experience in Workplace Violence Prevention
● Training and experience in Violent Crime Prevention
● Training and experience with regard to Employee Screening and Employment Investigations
● Training and experience with regard to Assault and Robbery Prevention
● Experience as a Police Crime Prevention Specialist and Private Sector Security Consultant providing Workplace Violence Prevention education
● Experience as a Police Officer and Detective Sergeant investigating Workplace Violence and Violent Stranger-On-Stranger Crime
● Author on the subject of Workplace Violence Prevention

Issue:

Small Airport and General Aviation Security, Theft and Vandalism of Aircraft and Avionics, Protection of Airport Property, Employees, Tenants, and Guests

Qualifications:

● Experience conducting numerous small airport security assessments under a grant from a prominent aviation foundation
● Author or the "Rural and Small Town Airport Security Manual" developed under a grant from a prominent aviation foundation
● Contributing author to the National Air Transportation Association's - "General Aviation Security Guide"
● Training and experience in Security and Crime Prevention in Special Use Facilities
● Training in Aircraft Security for Executive Protection
● Licensed Pilot

Issue:

If you have a security or crime related issue that I haven't already addressed, perhaps I can still help.   In some instance my training and experience may enable me to provide the assistance you require. If not, through my network of security associations and contacts with individual security practitioners I may be able to assist in identifying the right expert for your needs.

Qualifications:

● Extensive training and experience as a Security and Crime Prevention Professional and Police Supervisor
● Membership in a variety of security and investigation associations

Expert Professional Not Professional Expert

I am a "Board Certified" security management professional with multi-state security consultant, private patrol and private investigator "Qualified Manager" experience. My background includes more than 37 years of training and experience in evaluating, developing, and managing security and crime prevention programs. For 25 of those years I served as both a private sector security consultant and a public sector Peace Officer. I am a former corporate security manager, police crime prevention specialist, detective supervisor, police training manager, and internal affairs sergeant.

Private Sector: Independent security adviser to business, government, the media, and the legal profession. Including: Corporate Security Manager and Guard Force Supervisor for the West Coast Headquarters of a National Corporation; Regional Security Manager, Loss Prevention Manager and Electronic Security Specialist for a major Hardware and Department Store chain; Security Officer Quality Assurance Representative for a Presidential Library; Qualified Manager for Private Security Company with sensitive government contracts. Licensed as a Private Patrol "Qualified Manager" in California and Nevada. Licensed as a Private Investigator in California, Nevada and Arizona.   Licensed as a Security Consultant in Nevada.

Public Sector: Police Crime Prevention Specialist and Supervisor with extensive - hands on - experience in physical security and crime prevention management, law enforcement, emergency management and media relations. Expertise includes small business, office, lodging, retail, personal, and housing security; architectural/environmental design for security and workplace violence prevention. As a senior Crime Prevention Specialist for “America’s Safest City”, provided technical guidance and training to business managers, employee groups, homeowners, developers, property managers, planning officials and government executives in security awareness, the recognition and reduction of crime risks, and the implementation of security and crime prevention measures. Advised the City's Planning Department, Planning Commission and City Council on crime prevention and architectural/environmental security; managed the City's Building Security Ordinance and Crime Prevention Through Environmental Design programs; conducted design review and plan checks for building projects in the City; wrote the City's Security Alarm Ordinance; served as Police Department liaison to Private Security Industry; acted as a City Emergency Services Coordinator; supervised the City's Police Department Crime Prevention, Training, Special Enforcement, K-9, and Detective Units; served as a Police Media Relations Officer.

Licenses & Certifications

"Board Certified In Security Management"
Certified Protection Professional (CPP)
Certified Security Professional (CSP)
California Private Investigator License # PI6477
California Private Patrol Operator License # PPO10770
Nevada Security Consultant/PI License # 852
Nevada Private Patrol License # 852A
Arizona Private Investigator License # 1003680
California Advanced & Supervisory Peace Officer Certification
National WMD Standardized Awareness Trainer
Crime Free Multi-Housing Instructor
Risk Assessment Methodology Certification
California Lifetime Teaching Credential
Police Firearms Instructor Certification
California Bureau of Security and Investigative Services Firearm Permit
CA/NV/AZ Concealed Weapon Authorization

Experience, Education & Training

Please see my CV for a comprehensive overview of my experience, education and training.

Teaching and Speaking Experience

California Teaching Credential. Numerous presentations over a 37+ year period to community groups, professional organizations, corporations, and educational institutions on subjects including: security management, burglary and robbery prevention, business security, community crime prevention, crime prevention through environmental design, apartment security, office security, emergency planning and management, workplace violence, risk assessment, professional development, security officer conduct, personal and home security, and other security and law enforcement topics. Periodic guest appearances on various TV and radio shows. Over 10 years experience as a Police Public Information Officer.

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<>Professional Appointments<>

California Crime Prevention Officers Association - Lifetime Member: Southern Chapter Board of Directors - 1979 to 1981
[Secretary/Treasurer (Region IV) - 1979/1980, Director (Region IV) - 1980/1981 & 1995/1996]

California Model Alarm Ordinance Committee - California Crime Prevention Officers Association, 1979
Administration Of Justice Program Advisory Committee - Ventura Community College District, 1984 to 1986
Education & Training Committee - Security Representative - California Association of Licensed Investigators, 1991/1992
California Model Building Security Ordinance Committee - California Crime Prevention Officers Assoc., 1991 to 1993
Emergency Preparedness Planning Committee - City Of Simi Valley, CA, 1992 to 2001
Professional Certification Committee - Security Representative - California Association of Licensed Investigators, 1992/1993
Architectural Graphics Standards Committee - Security Industry Association/ I.A.P.S.C., 1994/1995
Security Industry Association - International Security Conference (West) - New Product Showcase Judge, 1994/1995
Education Committee - California Hotel & Motel Association, 1997 to 2000
Education Committee - Community Associations Institute, 1998
Ventura County Training Advisory Committee- Ventura County Law Enforcement Agencies, 1997 to 2002
Professional Certification Committee - ASIS International, Santa Barbara Chapter, 2006
Unlicensed Practices Committee - California Association of Licensed Investigators, 2007/2008
Ethics and Regulatory Compliance Committee - California Association of Licensed Security Agencies, Guards & Associates, 2007/2008
Information Security Committee - Nevada Society of Professional Investigators, 2008
Community Based Workplace Violence Intervention for Business – Steering Committee Member - City of Oxnard, CA / National Institutes for Occupational Safety and Health, 2007-2008

Professional Affiliations

American Society for Industrial Security
International Association of Professional Security Consultants
California Association of Licensed Investigator
Nevada Society of Professional Investigators
California Association of Licensed Security Agencies, Guards & Associates
Professional Investigators of California
International Association of Security and Investigative Regulators
International Society of Crime Prevention Practitioners
California Crime Prevention Officers Association
International CPTED Association
Law Enforcement Environmental Planning Association of California
Public Agency Risk Managers Association
Airborne Law Enforcement Association
Forensic Expert Witness Association

For Matters In Nevada, California, and Arizona

These states require persons performing any type of investigation activity for hire to be licensed as a Private Investigator. If the security expert you retain engages in any activity that results in the securing of evidence or information to be used by that expert or anyone else in any legal proceeding or before any court, board, officer or investigation committee, they are required by law to be licensed in the state where the investigation occurs.

Nevada: Nevada Revised Statutes 648.012. “Private investigator” defined. “Private investigator” means any person who for any consideration engages in business or accepts employment to furnish, or agrees to make or makes any investigation for the purpose of obtaining information with reference to: ... 4. Securing evidence to be used before any court, board, officer or investigating committee. Nevada also requires that Security Consultants be licensed. (NRS 648.0155 & NRS 648 .060)

California: Business and Professions Code 7521 (e). A private investigator within the meaning of this chapter is a person...who, for any consideration whatsoever engages in...(e) Securing evidence to be used before any court, board, officer, or investigating committee. You must also be aware that it is a violation of California law for anyone - attorneys included - to knowingly engage the services of a non-exempt unlicensed person. (BPC 7523(b) & 7582.3(b))

Arizona: Arizona Revised Statutes 32-2401-16. "Private investigator" means a person...who, for any consideration, engages in business or accepts employment to: (b) Secure evidence to be used before investigating committees or boards of award or arbitration or in the trial of civil or criminal cases and the preparation therefor.

Retaining an unlicensed security expert to conduct any investigation or do anything beyond reviewing documents and/or physical evidence that you provide to them may be illegal and is definitely not in your best interests or the best interests of your client. A security expert who is ignorant of the law, or who is willing to provide his of her services in violation of the law, should cause great concern to any attorney looking to retain them.

I am properly licensed and in full compliance with all applicable licensing laws in every state in which I do business. It is my personal policy and the policy of many of my properly licensed colleagues to report unlicensed activity to the appropriate licensing authority.

Copyright © Robert A. Gardner, CPP 2008