13 Sep Submit Project 2 – Legal Challenges for Private Security
“The Law of Arrest, Search, and Seizure: Applications in the Private Sector” is sample text chapter published by Elsevier that presents a comprehensive discussion of the legal requirements for private security arrests and searches. Students use this document as an additional resource to compare and contrast the authorities of the police and public with regard to making arrests and conducting searches. The document can be accessed at: http://booksite.elsevier.com/samplechapters/9780123869227/Chapter_3.pdf
“The Regulation of Private Security” is a 2012 document by Stephen Rushin and published in the West Virginia Law Review in which the author postulates that the unregulated private policing industry poses significant threats to society. The document is a resource for security practitioners and students because it provides them with recommendations to properly regulate security operations in the future thereby ensuring the furtherance of professionalism in the industry. The document can be accessed at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2171409
“The Power to Arrest Training Manual” a 2015 document published by the California Department of Consumer Affairs, Bureau of Security and Investigative Services, and is a study manual for prospective security operatives that outlines the roles and responsibilities of security personnel, relationships with local peace officers, authority to question individuals, powers of arrest and using force, searching suspects, and other matters such as professional conduct. While the guide pertains only to operations in the State of California, the information in general terms is used by students to enhance their knowledge and skills concerning the legal intricacies relating to security operations. The document can be accessed at: http://www.bsis.ca.gov/forms_pubs/poa.pdf
Submit Project 2 – Legal Challenges for Private Security
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EXERCISE #1 – SECURITY OPERATIONS AND THE LAW
The “Scope of Legal Authority of Private Security Personnel” is a 1976 document written by the Private Security Advisory Council of the United States Department of Justice to identify for private security operatives the various sources of legal authority and the legal issues with which they will be confronted while performing their various duties protecting organizational assets. “The Law of Arrest, Search, and Seizure: Applications in the Private Sector” is sample text chapter published by Elsevier that presents a comprehensive discussion of legal requirements for private security arrests and searches.
After reviewing these documents any other independently researched source, explain why the U.S. Courts continue to make distinctions between public law enforcement powers and private sector enforcement issues. Incorporate into your response why a practical knowledge of the law is important to the corporate security officer and the security director and what impact criminal and tort law has on a corporation.
EXERCISE #2 – SECURITY SCENARIO LEGAL APPLICATIONS
GROUP A – Students whose last name begins with the letters A-M must post initial responses to this discussion question. All others should read and comment as a part of their weekly engagement with their colleagues.
Police Moonlighting Civil Case: Cervantez v. J.C. Penney Company, 156 Cal. Rptr. 198 1978
This civil case was filed against an off-duty police officer employed by J.C. Penney in a secondary job as a store detective who made a warrantless arrest of two misdemeanor offenders for theft. The case was eventually dismissed and the offenders were released. The “moonlighting” officer and J.C. Penney were sued for false arrest, assault and battery, negligence, and other intentional torts.
This case has a number of implications for security directors who employ police officers in their security program operations. After reading the case, respond to the following:
(1) Succinctly summarize the facts of the case regarding the arrest and any subsequent judicial action, if any.
(2) Describe the issues the court had to settle and the legal arguments the plaintiff and the defendant advanced to the court in support of their respective positions.
(3) Explain the court’s ruling and its rationale.
(4) Identify the ways this type of organizational and personal liability can be avoided.
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