Legal Aspects of Private Security

• NCJ Number: 77799
• Author(s): A J Bilek; J C Klotter; R K Federal
• Date Published: 1981
• Length: 296 pages
• Sale Source: Anderson Publishing Co
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: Instructor's Guide is also available.

Annotation

Legal aspects of private security, such as law enforcement, detention and arrest powers, and also powers of search and seizure, are examined in this text, which presents leading cases and court decisions that affect security organizations as well.

Abstract

The text traces developments in Anglo-American history that led to the emergence of the U.S. private security system, including the concept of mens rea (criminal intent), the recourse to self-help as a legal remedy, and the establishment of contract security companies in the mid-19th century. The distinctive legal difference between public law enforcement officers and private security officers is clarified, and the use of this special authority within the legislative framework of a specific State, county, and city is described. The text identifies and discusses offenses and crimes that a private security officer can expect to encounter on duty, outlines the power and rules of arrest for private security officers, and describes the conditions under which deadly force can legally be employed. The Federal constitutional provisions that relate to the laws of search and seizure and the exclusionary rule are discussed in addition to the rules of evidence. Particular emphasis is given to the potential criminal liabilities of individuals in the private security industry, to defenses available to protect a criminal defendant from conviction, and to the legal principles that apply to the civil actions of tort liability, contract liability, and civil rights violations liability. The text also examines police and private security relationships and outlines programs to improve interorganizational cooperation, such as the law enforcement committee of the American Society for Industrial Security. Leading cases and court decisions affecting private security organizations and affecting private security personnel are described in detail in a separate section of the book. These cases relate to the enforcement of specific laws, detention and arrest powers, search and seizure powers and limitations, and rules of evidence. Notes are provided for each chapter. (Author abstract modified)