Private Security and the Law

by Nemeth

• ISBN13: 9780123869227
• ISBN10: 0123869226
• Edition: 4th
• Format: Hardcover
• Copyright: 2011-10-21
• Publisher: Elsevier Science

Summary

Private Security and the Law, 4th Edition, is a unique resource that provides analysis of practices in the security industry as they relate to law, regulation, licensure, and constitutional questions of case and statutory authority. This book describes the legal requirements faced in the area of private security. It emphasizes the liability problems common to security operations, including negligence and tortious liability, civil actions frequently litigated, and strategies to avoid legal actions that affect business efficiency. The text also examines the constitutional and due-process dimensions of private security both domestically and internationally, including recent cases and trends that will set pace for future private security laws and regulations. As private security becomes more closely involved in national and international security, cases like Blackwater are examined. Charles Nemeth takes you step by step through the analysis of case law as it applies to situations commonly faced in the private security practice, providing a solid introduction to the legal and ethical standards that shape the industry. *Authoritative, scholarly treatise sheds light on this increasingly important area of the law *Historical background helps readers understand the present by seeing the full context of recent developments *National scope provides crucial parameters to security practitioners throughout the US *NEW TO THIS EDITION! A chapter on the legal implications of private contractors operating in war zones like Afghanistan, updated coverage of statutory authority, updated coverage of state and federal processes of oversight and licensure, special analysis of public-private cooperative relationships in law enforcement

Author Biography

Charles P. Nemeth JD, Ph.D, LL.M is Chair and Professor of Security Management at John Jay College of Criminal Justice

Table of Contents

Historical Foundations of Private Security	p. 1
Introduction: The Concepts of Self-Help and Self-Protection	p. 1
Historical Foundations	p. 3
Coming of Age: Private Security	p. 8
Contemporary Private Security	p. 12
Discussion Questions	p. 16
Notes	p. 16
Regulation, Licensing, Education, and Training: The Path to Professionalism in the Security Industry	p. 21
Introduction: The Impetus for Increased Regulation	p. 21
Federal Regulation	p. 28
State Regulation	p. 30
Ethical Considerations	p. 57
Summary	p. 63
Discussion Questions	p. 63
Notes	p. 64
The Law of Arrest, Search, and Seizure: Applications in the Private Sector	p. 69
Introduction	p. 69
Constitutional Framework of American Criminal Justice	p. 71
Arrest and Private Sector Justice	p. 72
The Law of Search and Seizure: Public Police	p. 83
The Law of Search and Seizure: Private Police	p. 86
Challenges to the Safe Harbor of Private Security	p. 89
Constitutional Prognosis for Private Security	p. 106
Summary	p. 108
Discussion Questions	p. 109
Notes	p. 110
Civil Liability of Security Personnel	p. 117
Introduction	p. 117
The Nature of Civil Liability	p. 121
Classification of Civil Wrongs/Torts	p. 123
Remedies under the Civil Rights Act: 42 U.S.C. §1983	p. 164
Summary	p. 178
Discussion Questions	p. 180
Notes	p. 181
Criminal Liability of Security Personnel	p. 191
Introduction: The Problem of Criminal Liability	p. 191
Defenses to Criminal Acts: Self-Help	p. 200
Summary	p. 212
Discussion Questions	p. 213
Notes	p. 213
The Enforcement of Laws and the Collection, Preservation, and Interpretation of Evidence	p. 219
Introduction: Private Security's Role in Enforcing the Law	p. 220
Defining Criminal Liability	p. 220
Classification of Criminal Offenses and Related Penalties	p. 225
Specific Types of Crimes and Offenses	p. 227
Summary	p. 292
Discussion Questions	p. 292
Notes	p. 293
Public and Private Law Enforcement: A Blueprint for Cooperation	p. 301
Introduction: The Relationship between the Public and Private Sectors	p. 301
Positive Programs on Interaction and Cooperation	p. 314
Recommendations	p. 324
Summary	p. 328
Discussion Questions	p. 329
Notes	p. 329
Selected Case Readings	p. 335
Introduction	p. 335
Notes	p. 481
Florida Statutes (2010)	p. 485
List of Associations and Groups	p. 519
Sample Forms	p. 527
The Law Enforcement-Private Security Consortium, Operation Partnership: Trends and Practices in Law Enforcement and Private Security Collaborations 119-122 (2005)	p. 589
Index	p. 595
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