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, 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

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Hardbound, 640 Pages

Published: October 2011

Imprint: Butterworth Heinemann

ISBN: 978-0-12-386922-7

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"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
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 Citizens 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 Securitys 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 - Issuers 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).

Private Security and the Law

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