NCJ Number
45905
Date Published
1977
Length
23 pages
Annotation
FOLLOWING A DISCUSSION OF THE NATURE AND PROBLEMS OF THE PRIVATE SECURITY INDUSTRY, PRIVACY PROTECTION POLICY GUIDELINES ARE PRESENTED WITH EMPHASIS ON ACCESS TO POLICE RECORDS AND THIRD-PARTY QUESTIONING ISSUES.
Abstract
AS OF 1972 ABOUT ONE-HALF OF ALL CRIME-RELATED SECURITY PERSONNEL WERE EMPLOYED BY OTHER THAN A PUBLIC LAW ENFORCEMENT AGENCY, OFFERING EITHER INHOUSE OR CONTRACT SERVICES. THE MAJORITY OF THESE WERE EMPLOYED AS WATCHMEN OR GUARDS. ONLY ABOUT 6 PERCENT OF THE TOTAL WERE EMPLOYED IN PRIVATE POLICE OR DETECTIVE WORK. PRIVATE SECURITY GUARDS ARE GENERALLY OLDER, LESS EDUCATED, LOWER PAID, AND MORE TRANSIENT THAN PUBLIC POLICEMEN, WHILE PRIVATE INVESTIGATORS OFTEN HAVE EXPERIENCE IN THE POLICE, MILITARY SECURITY, OR FEDERAL LAW ENFORCEMENT. USUALLY THE PRIVATE INVESTIGATOR IS AN INFORMATION-GATHERER. THE PRIMARY ACTIVITIES OF INVESTIGATORS ARE PREEMPLOYMENT BACKGROUND CHECKS ON PERSONNEL, BACKGROUND INSURANCE AND CREDIT CHECKS, UNDERCOVER WORK TO DETECT EMPLOYEE DISHONESTY OR CUSTOMER SHOPLIFTING, AND INVESTIGATION OF INSURANCE AND COMPENSATION CLAIMS. THE RANGE OF SECURITY TRAINING REQUIRED RANGES FROM NONE TO SEVERAL YEARS EXPERIENCE IN A PUBLIC LAW ENFORCEMENT AGENCY; FEW PRIVATE DETECTIVES, HOWEVER, RECEIVE PREEMPLOYMENT OR REFRESHER TRAINING. LICENSING REGULATIONS FOR PRIVATE SECURITY PERSONNEL VARY GREATLY FROM STATE TO STATE, ALTHOUGH THERE IS A TREND FOR GREATER REGULATION AND LICENSING NATIONWIDE. RECORDS OF PUBLIC LAW ENFORCEMENT AGENCIES ARE GENERALLY ACCESSIBLE TO SOME PRIVATE SECURITY PERSONNEL AND STATE REGULATION OF SUCH ACCESS IS EITHER NONEXISTENT OR INADEQUATELY ENFORCED. MOREOVER, CURRENT TORT, CRIMINAL, AND CONSTITUTIONAL LAW HAS NOT BEEN ADEQUATE EITHER SUBSTANTIVELY OR PROCEDURALLY TO CONTROL CERTAIN PROBLEM AREAS INVOLVING PRIVATE SECURITY ACTIVITIES SUCH AS SEARCHES, ARRESTS, USE OF FIREARMS, AND INVESTIGATIVE TECHNIQUES; NOR DOES THE LAW ALWAYS PROVIDE ADEQUATE REMEDY FOR PERSONS INJURED BY PRIVATE SECURITY PERSONNEL. A NUMBER OF POLICY AND STATUTORY GUIDELINES DESIGNED TO ALLEVIATE PROBLEMS WITHIN THE INDUSTRY WHILE IMPOSING MINIMAL INTERFERENCE ON THE INDIVIDUAL'S ABILITY TO WORK IN PRIVATE SECURITY ARE RECOMMENDED. STATE LICENSING SHOULD BE REQUIRED OF OWNERS AND EXECUTIVES OF ALL TYPES OF PRIVATE CONTRACT SECURITY BUSINESSES, AND REGISTRATION SHOULD BE REQUIRED OF ALL TYPES OF PRIVATE SECURITY EMPLOYEES. LICENSING AND REGULATION STATUTES SHOULD REQUIRE JOB-SPECIFIC TRAINING, BONDING, BACKGROUND AND EXPERIENCE STANDARDS, AND CLEAR PROVISIONS FOR SANCTIONS AGAINST VIOLATORS. LEGAL REMEDIES ARE SUGGESTED WHICH WILL CONTROL ACCESS TO PUBLIC POLICE RECORDS, WILL GIVE INDIVIDUALS GREATER CONTROL OVER THE EXTENT TO WHICH INFORMATION ABOUT THEM IS COLLECTED, WILL SET STANDARDS FOR UTILIZATION OF EVIDENCE ACQUIRED THROUGH ILLEGAL SEARCH, WILL REGULATE THE WEARING OF UNIFORMS AND BADGES, AND WILL DETERMINE THE APPLICABILITY OF CONSTITUTIONAL STANDARDS FOR ARREST, DETENTION, SEARCH, INTERROGATION, AND THE USE OF FORCE. SPECIFIC STANDARDS AND PROCEDURES, FOR USE OF POLICE RECORDS AND THIRD-PARTY INTERROGATION ARE DELINEATED; AND WEAKNESSES IN THE LEAA MODEL PRIVATE SECURITY LICENSING AND REGULATION STATUTE ARE LISTED. (JAP)