Private Security and the Law

Private Security and the Law, Fourth Edition, is a unique resource that provides a comprehensive analysis of practices in the security industry as they relate to law, regulation, licensure, and constitutional questions of case and statutory authority. It is an authoritative, scholarly treatise that serves as a solid introduction for students regarding the legal and ethical standards that shape the industry.

The book takes you step-by-step through the analysis of case law as it applies to situations commonly faced by security practitioners. It describes the legal requirements faced by security firms and 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. It also examines the constitutional and due-process dimensions of private security both domestically and internationally, including recent cases and trends that are likely to intensify in the future. New features of this edition include: a chapter on the legal implications of private contractors operating in war zones like Afghanistan; updated coverage of statutory authority, as well as state and federal processes of oversight and licensure; and special analysis of public-private cooperative relationships in law enforcement. A historical background helps readers understand the present by seeing the full context of recent developments.

This book will appeal to: students in physical security, security management, and criminal justice programs in traditional and for-profit schools; security professionals; and those working in law enforcement.

• Authoritative, scholarly treatise sheds light on this increasingly important area of the law
• Historical background helps readers understand the present by seeing the full context of recent developments
• National scope provides crucial parameters to security practitioners throughout the US
• NEW TO THIS EDITION! A chapter on the legal implications of private contractors operating in war zones like Afghanistan, updated coverage of statutory authority, updated coverage of state and federal processes of oversight and licensure, special analysis of public-private cooperative relationships in law enforcement

Students in Physical Security, Security Management, and Criminal Justice programs in traditional and for-profit schools; security professionals; law enforcement

Dedication

Acknowledgments

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

Notes

2. Regulation, Licensing, Education, and Training

Introduction: The Impetus for Increased Regulation

Federal Regulation

State Regulation

Ethical Considerations

Summary

Discussion Questions

Notes

3. The Law of Arrest, Search, and Seizure

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

Notes

4. 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

Notes

5. Criminal Liability of Security Personnel

Introduction: The Problem of Criminal Liability

Defenses to Criminal Acts: Self-Help

Summary

Discussion Questions

Notes

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

Classification of Criminal Offenses and Related Penalties

Specific Types of Crimes and Offenses

Summary

Discussion Questions

Notes

7. Public and Private Law Enforcement

Introduction: The Relationship between the Public and Private Sectors

Positive Programs on Interaction and Cooperation

Recommendations

Summary

Discussion Questions

Notes

8. Selected Case Readings

Introduction

Notes

Appendix 1: Florida Statutes (2010)

Appendix 2: List of Associations and Groups

Appendix 3: Sample Forms

Appendix 4: The Law Enforcement-Private Security Consortium, Operation Partnership: Trends and Practices in Law Enforcement and Private Security Collaborations 119-122 (2005)

Index