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Scope of Legal Authority of Private Security Personnel

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Scope of Legal Authority of Private Security Personnel If you have issues viewing or accessing this file contact us at NCJRS.gov. Scope of legal Authority of Private Security Personnel 146908 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do IIOt necessarily represent the oHicial position or policies of the National Institute of Justice. Permission to reproduce this ., itlidi8d material has been gr~t~l!5lJ.ic Domain/LEAA U.S. Department of Justice to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permission of the ..~ owner. A REPORT PREPARED BY THE PRIVATE SECURITY ADVISORY COUNCIL, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, U.S. DEPARTMENT OF JUSTICE ... ' If SCOPE OF LEGAL AUTHORITY OF PRIVATE SECURITY PERSONNEL Prepared by the PRIVATE SECURITY ADVISORY COUNClu to the LAW ENFORCEMENT ASSISTANCE ADMINISTRATION UNITED STATES DEPARTMENT OF JUSTICE August 1976 Points of view or opinions expressed in this document are those of the Private Security Advisory Council, and do not necessarily represent the official position or policies of the Law Enforce­ ment Assistance Administration, U.S. Department of Justice. PRIVATE SECURITY ADVISORY COUNCIL of the United States Department of Justice Law Enforcement Assistance Administration September 27, 1976 Mr. Richard W. Ve1de Administrator Law Enforcement Assistance Administration U.S. Department of Justice 633 Indiana Avenue, N.W. Washington, D.C. 20531 Dear Mr. Ve1de: As Chairman of the Private Security Advisory Council, it gives me pleasure to forward the attached report, Scope of Legal Authority of Private Security Personnel, developed by the Council for the Law Enforcement Assistance Administration. This document is the culmination of many hours of volunteer ~ffort by members of the Council and tI"!-e members' of the Law Enforcement/Private Security Relationships Committee. In its continuing effort to improve the crime prevention and reduction capabilities of private security, the Council and its Law Enforcement/Private Security Relationships Committee feel that the sources of legal authority and restraints upon private security activities must be identified and shared with both pri va'te security and public law enforcement. Essentially, this report addresses those areas of legal involvoment in which private security personnel may perform activities similar to the law enforcement functions of crime prevention and reduction. Finally, the Advisory Council recommends that the Law Enforcement Assistance Administration giv.e the widest possible dissemination to this document. With best personal regards, OSi~:l~ ja (J;tf~hu . Bilek Chai an Private Security Advisory Council AJB:smb Enclosure LAW ENFORCEMENT ASSISTANCE ADMINISTRATION Richard W. Velde, Administration Henry F. Mcquade Deputy Administrators Paul K. Wormeli PRIVATE SECURITY ADVISORY COUNCIL Chairman Vice, Chairman Arthur J. Bilek Howard L. Mai Members Saul Arrington Edward W. Hyde Jim L. Bridges David B. Kelly Walter Burns Fritz A. Schumacher Richard Ca Cl ement Goeffrey C. Shepard Richard F. Cross Howard C. Shook Jackie Lo Currie George A. Smith, Jr. Joseph. F. Doherty John L. Swartz James W. Ferriman C. W. Thompson Eugene L. Fuss James H. Young Harold W. Gray, Jr. Law Enforcement/Private Security Relationships Committee Chairman Garis F. Distelhorst Members Robert L. Arko Herbert C. Yost Dale G. Carson George A. DeBon Counci 1 U ai son Members Joseph M. Jordan Joseph F. McCorry Richard C. Clement Howard C. Shook John L. Swartz Federal Representative Irving Slott Since its inception, the Private Security Advisory Council has achieved a balanced persprective by the representative nature of its membership. All members of the Council and its six Committees are appointed 'by the Administrator of LEAA and serve without compensation. Members of the Council and its Committees include leaders and executives from both proprietary and contractual private security; public law enforcement; federal, state and local governments; as well as attorneys, insurance and business executives. TABLE OF CONTENTS PREFACE i THE PRIVATE SECURITY ADVISORY COUNCIL ii I. INTRODUCTION 1 II. SOURCES OF LEGAL AUTHORITY FOR PRIVATE SECURITY PERSONNEL 3 A. Constitutional Law 3 B. Criminal Law 4 C. Tort Law 4 D. Contract Law 5 E. Regulato'ry Laws 6 III. MAJOR LEGAL ISSUES AFFECTING PRIVATE SECURITY PERSONNEL 8 A. Arrest 8 1. Elements of Arrest 8 2. Arrest With a Warrant 8 3. Arrest Without a Warrant 8 a. Under Common Law Rule 8 b. Under Statutory Provisions 9 c. Under Deputization Powers 10 B. Detention and False Imprisonment 12 1. Common Law Rule 12 2. Statutory Modifications 13 C. Search 14 1. Power to Search 14 2. Evidence Obtained From Searches 16 D. Investigations and Interrogations 17 Table of Contents - Continued Page E. Use of Force 18 1. In Self-Defense and Defense of Others 18 2. In Defense of Property 19 3. In Arrest 19 4. In Prevention of Crime 19 5. Self-Defense and Deadly Force 20 F. Use of Firearms 21 G. Invasion of ~rivacy 23 H. Defamation 27 IV. FOOTNOTES 30 APPENDIX A - Summary of Private Security Statewide Legislation A-I APPENDIX B - Statewide Private Security Regulatory Boards and Agencies B-1 APPENDIX Cl - Private Citizen Arrest Authority Cl-1 APPENDIX C2 - Private Citizen Arrest Authority C2-1 APPENDIX D - Analysis of Shoplifting Detention Statutes C-l PREFACE This document, ScoEe of Legal Authority of Private Security Personnel, was developed by the Private Security Advisory Council and its Law Enforcement/Private Security Relationships Committee to create a greater awareness on the part of private security of the sources of legal authority and legal restraints upon the conduct of private security personnel. Although sources of legal authority and restraints upon private security are generally identified and discussed in this document) it is particularly important for the reader of this report to thoroughly research applicable legal provisions within their respective jurisdictions. The major effort in developing this document was performed by the Law Enforcement/Private Security RAlationships Committee, and special acknowledgement and apprecia. tOn is due the Chairman and members of that Committee: Garis F. Distelhorst (Chairman), Robert L. Arko, Dale G. Carson, George A. DeBon; Joseph M. Jordan, Joseph F. McCorry, Herbert C. Yost, and the three Council liaison members: Richard Clement, Howard C. Shook, and John L. Swartz. This Committee was assisted in preparing this report by members of the Council's staff support contractors: PRC Public Management Services, Inc., and William C. Cunningham, Todd H. Taylor, David Weinstein, and Deborah Galvin of Hallcrest Systems, Incorporated. The Advisory Council owes a debt of gr~titude to Irving Slott, Federal Program Monitor to the Council, for his encouragement in the development of this document. Arthur J. Bilek Chairman Private Security Advisory Council -i- -------_. THE PRIVATE SECURITY ADVISORY COUNCIL The Private Security Advisory Council was chartered by the Law Enforcement Assistance Administration CLEM) in 1972 to improve the crime prevention capabilities of private security and to reduce crime in public and private places by reviewing the relationship between private security systems and public law enforcement agencies, and by developing programs and policies regarding private protection services that are appropriate and consistent with the public interest. The Council wag an outgrowth of a meeting of private security representatives, called by LEAA in December 1971, to discuss the research and development efforts of LEAA that related to the private sector and the role of private security in the national effort to reduce crime. During the initial meeting, the represent­ atives from private security overwhelmingly recommend.ed that LEAA establish a national advisory committee, made up of persons with expertise in private security, to provide LEAA with continuing advice on matters of appropriate concern. LEAA followed that recommendation, and the Private Security Advisory Council was created shortly thereafter. In September of 1974, the membership of the Council was broadened to include representation from the public law enforcement agencies and from consumers of private security services. Since its beginning, the Council has worked on a number of tasks related to security services provided by the private sector. Since its inception, the goals and objectives of the Council have been: a To act as an advisory to LEAA on issues of national importance which impact, or are impacted by, the private security industry; • To raise the standards and increase the efficiency of the private security industry; • To increase cooperation and understanding between the private security industry and public law enforcement; and • To provide a viable national forum and point of leader­ ship for matters relating to private security. To achieve those goals, six committees of the Council have been established: Alarm Committee, Armored Car Committee, -ii- --------------------------------------------------------------~~------- Environmental Security Committee, Guards and Investigators Committee, Law Enforcement/Private Security Relationships Committee, and the Prevention of Terroristic Crimes Committee. Each committee has been assigned specific objectives related to accom­ plishment of Council goals. The responsibilities
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