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Chapter 3 The Public/Private Interface and Legal Authority

Chapter 3 The Public/Private Interface and Legal Authority. Private Security and Public Police Officer Similarities. They both: Wear uniforms and badges. Are trained in compelling obedience. Are apt to be sued. Seek to prevent crime. Seek to apprehend criminals.

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Chapter 3 The Public/Private Interface and Legal Authority

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  1. Chapter 3The Public/Private Interface and Legal Authority

  2. Private Security and Public Police Officer Similarities • They both: • Wear uniforms and badges. • Are trained in compelling obedience. • Are apt to be sued. • Seek to prevent crime. • Seek to apprehend criminals.

  3. Private Security and Public Police Officer Differences • Four basic differences exist: • (1) the financial orientation. • (2) the employer. • (3) the specific functions performed. • (4) the statutory power possessed.

  4. Private Security Profit-oriented enterprise. Serving specific private clients. To prevent crime, protect assets and reduce loss. To regulate noncriminal conduct not under the authority of public police. Public Law Enforcement Nonprofit, governmental enterprise. Serving the general public. To combat crime, enforce laws and apprehend offenders. Statutory authority. Private Security and Public Police Officer Differences

  5. The Authority of Private Security Officers • Usually no more powers than private citizens. • As citizens, they have power to: • Arrest. • Investigate. • Carry weapons. • Defend themselves. • Defend their property or property entrusted to their care.

  6. The Authority of Private Security Officers • Private security officers can: • Deny access to unauthorized individuals into their employers’ business or company. • Enforce all rules and regulations established by their employers. • Search employees. • Question employees without using Miranda warning in most states.

  7. Restrictions on Private Security Officers • Laws governing conduct of private security officers derived from: • (1) tort law. • (2) state statutes. • (3) criminal law. • (4) constitutional guarantees. • (5) contract law.

  8. Restrictions on Private Security Officers • Private security officers cannot: • Invade another’s privacy. • Electronically eavesdrop. • Trespass. • In some jurisdictions, wear a uniform or badge closely resembling that of a public police officer.

  9. The Numbers Compared There are now 2 ½ times as many people employed in private security as there are public police.

  10. Working Together • How might private security and public police work better together? • Friction has always existed between them. • One source of friction: Public police must follow U.S. Constitution and private security does not. • Private security wants respect of public police.

  11. Working Together • They need to complement each other. • Public police: • constrained by law or limited resources. • cannot be spared to do such things as investigate employee pilferage. • cannot legally enforce rules and regulations of a company. • cannot enter a business until after a crime has been committed.

  12. Working Together • Five forms of interdependence between public and private police in undercover work. • (1) joint public/private investigations. • (2) public agents hiring or delegating authority to private police. • (3) private interests hiring public police. • (4) new organizational forms where distinction between public and private is blurred. • (5) circulation of personnel between public and private sectors.

  13. Public police Power of interrogation, search, arrest and use of electronic surveillance. May reduce or eliminate their legal liability. Offer training, experience and backup. Private security Information. Access to private places. Extended surveillance and coverage. Can question without using Miranda warning. Can search without a warrant. Advantages of Working Together

  14. Privatization • Duties normally performed by sworn officers which can be done by private security. • Public building security. • Parking enforcement. • Patrolling of public parks. • Animal control. • Special event security. • Funeral escorts. • Court security. • Prisoner transport. • Public housing development patrol.

  15. Summary Questions • How are private security officers and public police officers alike? • How do private security officers and public police officers differ? • What authority do private security officers have? • How is their authority restricted?

  16. Summary Questions • How do private security officers compare in numbers with public police officers? • How might private and public security work together? • What are the advantages of private and public security working together?

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