Private Security and the Law, 4th Edition

Key Features

*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

Description

Private Security and the Law, 4^th 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.

Readership

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

Private Security and the Law, 4th Edition

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).