Private Security and the Law


  • Charles Nemeth, JD, Ph.D., LL.M, Chair and Professor Security, Fire and Emergency Management John Jay College of Criminal Justice, New York, NY

Private Security and the Law, Fourth Edition traces legal developments affecting the private security industry. It examines the industrys staying power and ability to adapt to changes in law enforcement, from street and community protection to the protection of assets, buildings, and people. It considers the roles of law and legal analysis in private-sector justice, and shows how areas such as courts, prisons, policing, and community services are drawn into the world of privatization. The book is divided into eight chapters encompassing topics ranging from the historical foundations of private security to professionalism in the industry. It walks the reader through the laws of arrest, search, and seizure and their applications in the private sector, along with the nature of civil liability and the criminal liability of security personnel. It also discusses the role of private security in enforcing the law and explains how evidence is collected, preserved, and interpreted. Moreover, it compares law enforcement in the public and private sectors and considers the concepts of self-help and self-protection, as well as the constitutional framework of criminal justice in the United States. Other chapters address the place of arrest in private sector justice, challenges to the safe harbor of private security, and positive programs for interaction and cooperation between the public and private sectors in law enforcement. Selected cases that have set precedents for private security are also presented. This book is a valuable resource for security managers and traineers, as well as for educators.
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Students in Physical Security, Security Management, and Criminal Justice programs in traditional and for-profit schools; security professionals; law enforcement


Book information

  • Published: October 2011
  • ISBN: 978-0-12-386922-7


"The information provided is critical to security managers, particularly if they are responsible for premises liability. This book was a pleasant surprise-the best, most comprehensive insight into private security law to date."--Security Management, June 2013
"Private Security and the Law, 4th Edition, is a unique resource that provides analysis of practices in the security industry as they relate to law, regulation, licensure, and constitutional questions of case and statutory authority. This book describes the legal requirements faced in the area of private security. It emphasizes the liability problems common to security operations, including negligence and tortious liability, civil actions frequently litigated, and strategies to avoid legal actions that affect business efficiency. The text also examines the constitutional and due-process dimensions of private security both domestically and internationally, including recent cases and trends that will set pace for future private security laws and regulations. As private security becomes more closely involved in national and international security, cases like Blackwater are examined. The author takes you step by step through the analysis of case law as it applies to situations commonly faced in the private security practice, providing a solid introduction to the legal and ethical standards that shape the industry."--ASIS

Table of Contents

1. Historical Foundations of Private Security    Introduction: The Concepts of Self-Help and Self-Protection    Historical Foundations    Coming of Age: Private Security    Contemporary Private Security    Discussion Questions    Notes2. Regulation, Licensing, Education, and Training: The Path to Professionalism in the Security Industry    Introduction: The Impetus for Increased Regulation    Federal Regulation    State Regulation    Ethical Considerations    Summary    Discussion Questions    Notes3. The Law of Arrest, Search, and Seizure: Applications in the Private Sector    Introduction    Constitutional Framework of American Criminal Justice    Arrest and Private Sector Justice    The Law of Search and Seizure: Public Police    The Law of Search and Seizure: Private Police    Challenges to the Safe Harbor of Private Security    Constitutional Prognosis for Private Security    Summary    Discussion Questions    Notes4. Civil Liability of Security Personnel    Introduction    The Nature of Civil Liability    Classification of Civil Wrongs/Torts    Remedies under the Civil Rights Act: 42 U.S.C. §1983    Summary    Discussion Questions    Notes5. Criminal Liability of Security Personnel    Introduction: The Problem of Criminal Liability    Defenses to Criminal Acts: Self-Help    Summary    Discussion Questions    Notes6. The Enforcement of Laws and the Collection, Preservation, and Interpretation of Evidence    Introduction: Private Security’s Role in Enforcing the Law    Defining Criminal Liability    Classification of Criminal Offenses and Related Penalties    Specific Types of Crimes and Offenses    Summary    Discussion Questions    Notes7. Public and Private Law Enforcement: A Blueprint for Cooperation    Introduction: The Relationship between the Public and Private Sectors    Positive Programs on Interaction and Cooperation    Recommendations    Summary    Discussion Questions    Notes8. Selected Case Readings    Introduction    NotesAppendix 1: Florida Statutes (2010)Appendix 2: List of Associations and GroupsAppendix 3: Sample FormsAppendix 4: The Law Enforcement-Private Security Consortium, Operation Partnership: Trends and Practices in Law Enforcement and Private Security Collaborations 119-122 (2005)Index