Private Security and the LawBy
- Charles Nemeth
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. Charles Nemeth 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.
Students in Physical Security, Security Management, and Criminal Justice programs in traditional and for-profit schools; security professionals; law enforcement
Hardbound, 640 Pages
Published: October 2011
Imprint: Butterworth Heinemann
"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
Chapter One: Historical Foundations of Private Security
Introduction: The Concepts Of Self-Help And Self-Protection
The Middle Ages
Law Enforcement in the Industrial Revolution.
Coming of Age: Private Security
Lack of an Effective Public Force
Movement of Goods and Services
The Pinkerton Factor: Industrialization and Unionization
Western U.S. Expansionism
Contemporary Private Security
Chapter 2: Regulation, Licensing, Education, and Training: The Path to Professionalism in the Security IndustryIntroduction: The Impetus For Increased RegulationFederal RegulationState RegulationAgeExperience RequirementsLicensurePersonal CharacterEducation and TrainingProfessional and Continuing EducationModel Educational Programs: CurriculaEthical ConsiderationsSummaryDiscussion QuestionsNotes
Chapter 3: The Law of Arrest, Search, and Seizure: Applications in the Private SectorIntroductionConstitutional Framework of American Criminal JusticeArrest and Private Sector JusticeThe Law of Citizenâs Arrest-The Private Security StandardTime of the ArrestPresence and CommissionThe Law of Search and Seizure: Public PoliceThe Law of Search and Seizure: Private PoliceChallenges to the Safe Harbor of Private SecurityThe Platinum Platter DoctrinePrivate Action as State ActionThe Public Function of Private SecurityColor of State Law: A Legislative RemedyConstitutional Prognosis for Private SecuritySummaryCase ExamplesState of Tennessee v. Gregory D. Hutson, 649 S.W. 2d 6 (1982).FactsIssuePrivate Search and Seizure-United States of America v. Lacey Lee Koenig and Lee Graf, 856 F.2d 843 (7th Cir. 1988).FactsIssueAnswerDiscussion QuestionsNotesChapter 4: Civil Liability of Security PersonnelIntroductionThe Nature of Civil LiabilityClassification of Civil Wrongs/TortsIntentional TortsAssaultBatteryFalse ImprisonmentInfliction of Emotional or Mental DistressMalicious ProsecutionDefamationInvasion of PrivacyNegligenceNegligence and Security ManagementStrict Liability TortsVicarious LiabilityMiscellaneous Issues in Vicarious LiabilityRemedies under the Civil Rights Act: 42 U.S.C. Â§ 1983"Private" Applications of Â§ 1983State Regulations as Providing Color of State LawThe Public Function TheoryThe Nexus TheoryThe Police Moonlighter: A Merging of Public and Private FunctionsSummaryCase ExamplesFalse Imprisonment-Pamela Sue Peak, by her father and next friend, Francis Wilber Peak v. W.T. Grant Company, 386 S.W. 685.FactsAnswerMalicious Prosecution-Arnold v. Eckerd Drugs of Georgia, Inc., 358 S.E.2d 632 (Ga. App. 1987).FactsAnswerPremises Security-Opal Frederick, v. TPG Hospitality, Inc., Et Al., 56 F. Supp. 2d 76 (United States District Court for the District of Columbia 1999).FactsAnswerVicarious Liability-Shaffer v. Wells Fargo Guard Services, Etc., (1988 Fla App D3) 528 So. 2d 389, 13 FLW 562.FactsAnswerNegligence and Foreseeability-Rosabel Brown v. J.C. Penney Company, Inc., 667 P. 2d. 1047 (1983).FactsIssueNegligence and the Environment-Ruth Nicoletti v. Westcor, Incorporated, 639 P. 2d. 330 (1982).FactsIssueState Action Theory-Nicole Anderson v. Randall Park Mall Corporation, 571 F. Supp. 1173 (1983).FactsIssueDiscussion QuestionsNotesChapter 5: Criminal Liability of Security PersonnelIntroduction: The Problem of Criminal LiabilityCriminal Liability under the Federal Civil Rights ActsCriminal Liability and the Regulatory ProcessCriminal ActsDefenses to Criminal Acts: Self-HelpPersonal Self-DefenseUse of Force in Self-ProtectionProtection of Other PersonsDefense of PropertyProcedural QuestionsPrivate Security and Miranda WarningsSummaryCase ExamplesThird-Party CrimesFactsIssueMiranda Rights-Tarnef v. State, 512 P. 2d. 923 (1973).FactsIssueDiscussion QuestionsNotesChapter 6: The Enforcement of Laws and the Collection, Preservation and Interpretation of EvidenceIntroduction: Private Securityâs Role in Enforcing the LawDefining Criminal LiabilityThe Criminal Act (Actus Reus)The Criminal Mind (Mens Rea)Classification of Criminal Offenses and Related PenaltiesSpecific Types of Crimes and OffensesOffenses against the PersonFelonious HomicideMurderManslaughterFelony Murder RuleAssaultKidnapping and False ImprisonmentSexual OffensesOffenses against the Habitation and Other BuildingsArsonBurglaryRobberyTheft or LarcenyForgeryOffenses against Public Order and DecencyRiotPublic DrunkennessOther Public Order ProvisionsEvidence and ProofThe Chain of CustodyThe Admission of Business RecordsReal and Demonstrative EvidenceLay WitnessesExpert WitnessesPractical Exercise: Cross-ExaminationA Potpourri of Evidentiary Principles
Burden of Proof
Questions of Law versus Questions of Fact
The Basic Types of Evidence
Three Forms of EvidenceSummaryCase ExamplesThird-Party Criminal Acts-Hatt v. Hammond, NO. 236637 (Pima County Superior Court, Tuscon, Arizona, October 20, 1987)FactsIssueThird-Party Criminal ActsFactsIssueDiscussion QuestionsNotesChapter 7: Public and Private Law Enforcement: A Blueprint for CooperationIntroduction: The Relationship between the Public and Private SectorsPublic Interest versus Private ConcernsMoral or Egalitarian PurposeA Caste System of ProfessionalismA Failure to Communicate and CooperatePositive Programs on Interaction and CooperationCollege and Municipal Police ForcesTransit and Municipal Police ForcesPrivate Security Industry and Law Enforcement AgenciesRecommendationsNational Advisory Committee on Criminal JusticeThe Hallcrest ReportThe Private Sector Office of the Department of Homeland SecuritySummaryDiscussion QuestionsNotesChapter 8: Selected Case Readings
Aetna Casualty & Surety Company v. Pendleton Detectives of Mississippi, Inc.
Arthur Letourneau Et Al. V. The Department Of Registration And Education Et Al.,
Beverly Jean Whitehead, et al. v. USA-One, Inc.,
Burdeau v. McDowell
State of Minnesota v. Jeffrey Scott Buswell
Kelley et al. v. Baker Protective Services, Inc.,
Leroy Ross v. Texas One
Marta Rivas & Alberto Rivas v. Nationwide Personal Security Corporation
N.C. Private Protective Services Board v. Gray, Inc., D/B/A Superior Security
Andrew J. Neuens v. City Of Columbus
Barry Walker v. May Department Stores Co.
Kyong Wood & Sheila Copeland v. The City Of Topeka
The People v. Virginia Alvinia Zelinski
Douglas Moore v Detroit Entertainment, L.L.C.
Ramirez v. Fifth Club, Inc.
State Of Louisiana v. Steven Michael Presson
Wesley Locke v. Ozark City Board of Education
Michael Wells v. Securitas Security Services USA, Inc. and The University Of Michigan.
Nick White v. Martel Moylan, Melissa Bilodeau, Carolyn Hill, and Macys's Department Store
Washington County v. Washington County Deputy Sheriff's Association
United States of America v. Jeffrey Craig
Appendix 1 - Florida StatutesAppendix 2 - List of Associations and Groups
Appendix 3 - Sample FormsExhibit 1 - Issuerâs BondExhibit 2 - Application for Private Detective Employee or Private Security Guard EmployeeExhibit 3 - Affidavit of ExperienceExhibit 4 - Application for Private Detective or Security Service LicenseExhibit 5 - Private Security Guard Company / Qualifying Principal License ApplicationExhibit 6 - Private Security Instructor ApplicationExhibit 7 - Renewal of Registration ApplicationExhibit 8 - Training Session Notification FormExhibit 9 - Application for Company LicenseExhibit 10 - Application for Employee RegistrationExhibit 11 - Private Security Guard License Application
Appendix 4 - The Law Enforcement-Private Security Consortium, Operation Partnership: Trends and Practices in Law Enforcement and Private Security Collaborations 119-122 (2005).