Private Security and the Law book cover

Private Security and the Law

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.

Audience

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

ISBN: 978-0-12-386922-7

Reviews

  • "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


Contents

  • Chapter One: Historical Foundations of Private Security

    Introduction: The Concepts Of Self-Help And Self-Protection

    Historical Foundations

    The Middle Ages

    Colonial America

    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

    Discussion Questions

    Notes

    Chapter 2: Regulation, Licensing, Education, and Training: The Path to Professionalism in the Security Industry

    Introduction: The Impetus For Increased Regulation

    Federal Regulation

    State Regulation

    Age

    Experience Requirements

    Licensure

    Personal Character

    Education and Training

    Professional and Continuing Education

    Model Educational Programs: Curricula

    Ethical Considerations

    Summary

    Discussion Questions

    Notes

    Chapter 3: 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 Citizen’s Arrest-The Private Security Standard

    Time of the Arrest

    Presence and Commission

    The Law of Search and Seizure: Public Police

    The Law of Search and Seizure: Private Police

    Challenges to the Safe Harbor of Private Security

    The Platinum Platter Doctrine

    Private Action as State Action

    The Public Function of Private Security

    Color of State Law: A Legislative Remedy

    Constitutional Prognosis for Private Security

    Summary

    Case Examples

    State of Tennessee v. Gregory D. Hutson, 649 S.W. 2d 6 (1982).

    Facts

    Issue

    Private Search and Seizure-United States of America v. Lacey Lee Koenig and Lee Graf, 856 F.2d 843 (7th Cir. 1988).

    Facts

    Issue

    Answer

    Discussion Questions

    Notes

    Chapter 4: Civil Liability of Security Personnel

    Introduction

    The Nature of Civil Liability

    Classification of Civil Wrongs/Torts

    Intentional Torts

    Assault

    Battery

    False Imprisonment

    Infliction of Emotional or Mental Distress

    Malicious Prosecution

    Defamation

    Invasion of Privacy

    Negligence

    Negligence and Security Management

    Strict Liability Torts

    Vicarious Liability

    Miscellaneous Issues in Vicarious Liability

    Remedies under the Civil Rights Act: 42 U.S.C. § 1983

    "Private" Applications of § 1983

    State Regulations as Providing Color of State Law

    The Public Function Theory

    The Nexus Theory

    The Police Moonlighter: A Merging of Public and Private Functions

    Summary

    Case Examples

    False Imprisonment-Pamela Sue Peak, by her father and next friend, Francis Wilber Peak v. W.T. Grant Company, 386 S.W. 685.

    Facts

    Answer

    Malicious Prosecution-Arnold v. Eckerd Drugs of Georgia, Inc., 358 S.E.2d 632 (Ga. App. 1987).

    Facts

    Answer

    Premises Security-Opal Frederick, v. TPG Hospitality, Inc., Et Al., 56 F. Supp. 2d 76 (United States District Court for the District of Columbia 1999).

    Facts

    Answer

    Vicarious Liability-Shaffer v. Wells Fargo Guard Services, Etc., (1988 Fla App D3) 528 So. 2d 389, 13 FLW 562.

    Facts

    Answer

    Negligence and Foreseeability-Rosabel Brown v. J.C. Penney Company, Inc., 667 P. 2d. 1047 (1983).

    Facts

    Issue

    Negligence and the Environment-Ruth Nicoletti v. Westcor, Incorporated, 639 P. 2d. 330 (1982).

    Facts

    Issue

    State Action Theory-Nicole Anderson v. Randall Park Mall Corporation, 571 F. Supp. 1173 (1983).

    Facts

    Issue

    Discussion Questions

    Notes

    Chapter 5: Criminal Liability of Security Personnel

    Introduction: The Problem of Criminal Liability

    Criminal Liability under the Federal Civil Rights Acts

    Criminal Liability and the Regulatory Process

    Criminal Acts

    Defenses to Criminal Acts: Self-Help

    Personal Self-Defense

    Use of Force in Self-Protection

    Protection of Other Persons

    Defense of Property

    Procedural Questions

    Private Security and Miranda Warnings

    Summary

    Case Examples

    Third-Party Crimes

    Facts

    Issue

    Miranda Rights-Tarnef v. State, 512 P. 2d. 923 (1973).

    Facts

    Issue

    Discussion Questions

    Notes

    Chapter 6: The Enforcement of Laws and the Collection, Preservation and Interpretation of Evidence

    Introduction: Private Security’s Role in Enforcing the Law

    Defining Criminal Liability

    The Criminal Act (Actus Reus)

    The Criminal Mind (Mens Rea)

    Classification of Criminal Offenses and Related Penalties

    Specific Types of Crimes and Offenses

    Offenses against the Person

    Felonious Homicide

    Murder

    Manslaughter

    Felony Murder Rule

    Assault

    Kidnapping and False Imprisonment

    Sexual Offenses

    Offenses against the Habitation and Other Buildings

    Arson

    Burglary

    Robbery

    Theft or Larceny

    Forgery

    Offenses against Public Order and Decency

    Riot

    Public Drunkenness

    Other Public Order Provisions

    Evidence and Proof

    The Chain of Custody

    The Admission of Business Records

    Real and Demonstrative Evidence

    Lay Witnesses

    Expert Witnesses

    Practical Exercise: Cross-Examination

    A Potpourri of Evidentiary Principles

    Burden of Proof

    Questions of Law versus Questions of Fact

    The Basic Types of Evidence

    Three Forms of Evidence

    Summary

    Case Examples

    Third-Party Criminal Acts-Hatt v. Hammond, NO. 236637 (Pima County Superior Court, Tuscon, Arizona, October 20, 1987)

    Facts

    Issue

    Third-Party Criminal Acts

    Facts

    Issue

    Discussion Questions

    Notes

    Chapter 7: Public and Private Law Enforcement: A Blueprint for Cooperation

    Introduction: The Relationship between the Public and Private Sectors

    Public Interest versus Private Concerns

    Moral or Egalitarian Purpose

    A Caste System of Professionalism

    A Failure to Communicate and Cooperate

    Positive Programs on Interaction and Cooperation

    College and Municipal Police Forces

    Transit and Municipal Police Forces

    Private Security Industry and Law Enforcement Agencies

    Recommendations

    National Advisory Committee on Criminal Justice

    The Hallcrest Report

    The Private Sector Office of the Department of Homeland Security

    Summary

    Discussion Questions

    Notes

    Chapter 8: Selected Case Readings

    Introduction

    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 Statutes

    Appendix 2 - List of Associations and Groups

    Appendix 3 - Sample Forms

    Exhibit 1 - Issuer’s Bond

    Exhibit 2 - Application for Private Detective Employee or Private Security Guard Employee

    Exhibit 3 - Affidavit of Experience

    Exhibit 4 - Application for Private Detective or Security Service License

    Exhibit 5 - Private Security Guard Company / Qualifying Principal License Application

    Exhibit 6 - Private Security Instructor Application

    Exhibit 7 - Renewal of Registration Application

    Exhibit 8 - Training Session Notification Form

    Exhibit 9 - Application for Company License

    Exhibit 10 - Application for Employee Registration

    Exhibit 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).

     

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