security services constitutional issues in private security

Security Services

Constitutional Issues in Private Security

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Legal Responsibilities of Private Security Professionals

Follow state and federal law Understand job duties in the light

of U.S. Constitutional Amendments An illegal action by a security professional

could be both a criminal act and a private tort (civil)



Fourth Amendment

Protects citizens’ privacy and security Protects the right of people to be secure

in their person, house, and papers Protects against unreasonable search and

seizure



Fourth Amendment (continued)

The protection is not absoluteA person loses the right to privacy if there

is a strong, justifiable reason to invade that privacy

Private security professionals may ensure the public’s safety against individuals who would use their privacy to harm others



Fifth Amendment

Protects against self-incrimination Protects against forced confessions Raises fundamental questions about

how to balance individual liberties with society’s need for security

Protection extends beyond the courtroom to custodial interrogation; however, these rules do not apply to on-the-scene questioning



Fourteenth Amendment

Due process and equal protection of the law No person is above the law The guilty have the same constitutional rights as

the innocent



Right to Arrest and Detain“Citizen’s arrest authority” is the recognized authority

of private individuals to detain an actor of a crime for the police; however, it does not provide the authority for search and seizure of personal property

Arrests by private security professionals are normally considered arrests by private persons



Right to Arrest and Detain (continued)

An arrest by a private person requires the crime to have been committed or attempted in the presence of the arresting person

When an arrest is made, the person making the arrest must inform the arrested person of the reason for the arrest



Right to Arrest and Detain (continued)Most private arrests by security professionals are in

response to shoplifting and employee thefts Security professionals may temporarily detain an

individual suspected of shoplifting or entering a property without proper authority or consent

They can arrest someone who commits a felony or misdemeanor in their presence, however they must report it to the police immediately; prolonged detainment may be in violation of civil rights



Right to Arrest and Detain (continued)

Avoid felonious restraint—restraining another unlawfully and exposing him or her to risk of serious bodily injury may result in civil and criminal liability

Avoid “use of force” not in self defense—unnecessary use of force may result in civil and criminal liability

Application of proper evidence handling techniques are vital—improper handling of evidence may result in contamination of a crime scene, impacton an arrest, and loss of pending legalcases or trial



Right to Conduct Searches

Individuals not connected with a law enforcement agency are considered private citizens, and may not have the power to search unless under the posted authorization by the employer and or property owner—for example, a government building or hospital

In most situations, if the individual does not agree to allow you to look in his or her pockets, it is wise to detain the individual and request law enforcement assistance. However, the security officer may direct the person to leave the property or area for noncompliance

Avoid excessive force; private security professionals have an obligation not to injure another person or damage property



Rights: Due Process During Interrogation Interrogation is an expected part of security personnel’s job when a

criminal is detained

Probable cause is required before interrogating

Many court cases have allowed on-the-scene questioning without being subject to the Fifth Amendment; however, forcing a confession is not good practice (i.e. prevent further harm to a person or damage to property, prevent further loss of property, ensure safety, avoid escalation of a terrorist attack, etc.)

If a crime has been committed, request law enforcement assistance immediately



Rights: Due Process and Equal Protection of the LawThe Fifth and Fourteenth Amendments protect

people from being deprived of life, liberty, or property without due process of law

The security professional’s job is to protect people and companies from being deprived of life or property◦ If a criminal unlawfully takes property or threatens the

lives of others, it is the security professional’s duty to step in

◦ “Equal protection of the law” applies to the potential criminal as well as the security professional’s employer



Right to Use of Force to Protect Property

Security professionals have only limited authority to use force

The force must be reasonable under the circumstances May use deadly force only when it is reasonably

necessary to protect a life If the force used is excessive, the action will be an

assault or battery, or both



Resources

9780205592401, Introduction to Private Security: Theory Meets Practice, Roberson & Birzer, Prentice Hall, 2010.

Our Rights, David J. Bodenhamer, Sunnylands Classroom, 2008.

http://www.sunnylandsclassroom.org/Asset.aspx?Id=1329Private

Security & Police Officers Arrest Powers: TX Department of Public Safety

http://www.txdps.state.tx.us/psb/testing/leveltwo_review.htm

Do an Internet search for the following: Findlaw Katz v United States








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