Post on 25-Dec-2015
transcript
Copyright and Terms of Service
Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions:
1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA.
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Contact TEA Copyrights with any questions you may have.
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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)
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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