1 Book Cover Here Copyright © 2015, Elsevier Inc. All rights Reserved Chapter #2 Legal Aspects of Security Security Supervision and Management Theory and Practice of Asset Protection, 4th Edition

2 Copyright © 2015, Elsevier Inc. All rights Reserved Legal Aspects of Security Private security legal aspects includes civil law Private security is based on civil law. This is the most important component of the foundation of private security. This is based on the fact that over 95% of private security operations consists of hands-off security. No weapons, no fighting, and when things get tough the police take over.

3 Legal Aspects of Security Private security legal aspects – Civil law Private security is used to establish and maintain a stable, relatively predictable, environment. Our security personnel are to use pro- active prevention rather than uses of force unless physically attacked. We are goodwill ambassadors for the clients we serve. Copyright © 2015, Elsevier Inc. All rights Reserved

4 Legal Aspects of Security Private security legal aspects – Civil law When necessary, security officers will answer the call to respond to hostilities and other emergencies. Responding officers will be trained in verbal de-escalation, never responding alone, and the fastest way to receive back up from company employees, a police response, fire department response, or medical and ambulance response. Copyright © 2015, Elsevier Inc. All rights Reserved

5 Legal Aspects of Security Eliminating “liability generators” The quickest way to get sued for the acts or failures to act by a security officer is by a “cop want-a-be” security officer playing police officer on the job at your client’s facility. Liability generators can only be eliminated at the time of hiring and during training. Beyond that point it may be too late and termination may be your only recourse. Thus, human resources must coordinate hiring efforts with the security department regarding hiring security officers. Copyright © 2015, Elsevier Inc. All rights Reserved

6 Legal Aspects of Security Legal aspects includes criminal law It is always a good practice to train security officers on those parts of criminal law that effects the work of the officer. The security officers must realize that they are not police officers and impersonating a police officer is a crime they can be prosecuted for. Arrest laws regarding citizen’s arrest must be taught because a bad bust for security officers may be charged out as two felonies; false arrest and false imprisonment. Copyright © 2015, Elsevier Inc. All rights Reserved

7 Legal Aspects of Security Legal Aspects Includes Criminal Law Trespassing laws should be taught because that is one law security officers will be asked to enforce. Proper ways to make a “Citizen’s Arrest” must be taught to security officers working in retail establishments. Be sure to include when teaching security officers the law that they are not lawyers and they should never give legal advice to anyone. Copyright © 2015, Elsevier Inc. All rights Reserved

8 Legal Aspects of Security Legal aspects includes criminal law The police will be given a pass when they tell someone what laws they are enforcing but security officers do not enforce laws, they enforce rules. Rule #1 must be the visitor shall not over stay their welcome and rule #2 must be the visitor shall not steal anything from your company. The security officers must call the police for appropriate reasons only. Discarding a cigarette in the parking lot or other littering charges do not qualify as an appropriate police call. Never waste the police officers time. Copyright © 2015, Elsevier Inc. All rights Reserved

9 Legal Aspects of Security Legal aspects include administrative law There are two kinds of security forces, contract security and proprietary security. Contract security is usually governed by state laws and rules prepared and enforced by a board that oversees the contract security activities in that specific state. In most states, proprietary security forces are exempt from board oversight and exempt from most security related laws. Copyright © 2015, Elsevier Inc. All rights Reserved

10 Legal Aspects of Security Legal aspects include administrative law When a law states that this law will be administered by rule, that means that a board already in business or a new board will take over the administration of the new law. This is what is meant by “growing government.” This also means that the government in that location will have a piece of the action of the contract business. Copyright © 2015, Elsevier Inc. All rights Reserved

11 Legal Aspects of Security Legal aspects include administrative law In some jurisdictions licensing will be administered and fees collected by the board. The board will investigate claims against the contract companies and fines will be collected by the board. The board will investigate and enforce the laws and rules involving all the activities of the contract security companies. Copyright © 2015, Elsevier Inc. All rights Reserved

12 Legal Aspects of Security Legal aspects include administrative law Every state and province will conduct security officer business differently. In the United States some states have no licensing of security officers. In other states every security officer must take a test and be licensed individually. In most states, a contract company representative will be licensed and all the security officers are merely employees of the license holder. Copyright © 2015, Elsevier Inc. All rights Reserved

13 Legal Aspects of Security Legal aspects include administrative law In some states every security officer must be licensed, even the proprietary in-house security officers. No security officer training program would be complete without including a section on the specific laws of the state that govern security officer activities. Copyright © 2015, Elsevier Inc. All rights Reserved

14 Legal Aspects of Security  Civil law, criminal law, administrative law: These three branches of law form the foundation of all private security activities.  Follow your policies, procedures and training and these three branches of law will pave the way to a successful career as a security professional. Copyright © 2015, Elsevier Inc. All rights Reserved