The Legal Side of Private Security: Working through the Maze

By Leo F. Hannon | Go to book overview

1
Private Security and Law Enforcement

CONFUSION IN THE APPLICATION OF THE LAW

The maze of legal issues that confuse and frustrate people involved in the private security sector is in part created by the unusually wide cross section of problems to which they are exposed. A plant theft may have criminal law aspects but it most likely will also have serious employee relations elements and, possibly, the potential for some kind of civil action such as a defamation suit. However, the law has not developed in a way that can generate simple coordinated answers; rather, it has grown vertically in separate columns or specialized areas such as criminal, constitutional, civil, and labor law. This often means that the security issue has to be first addressed in pieces and not as a whole.

If these separate areas of the law have anything in common it is that they all involve the balancing of rights. The problem is that these rights will vary from one area of the law to another. While the rights of an individual will get the highest priority in a criminal case, they might be important but of less weight in a civil or labor case. The final decisions might appear contradictory until it is understood what the different courts were trying to do. Understanding the reasons for the differences in conclusions on the separate legal elements of a multi-faceted security issue should put a decision-maker in a better position to create a balanced solution for the whole problem. Probably the best way to start gaining some sense of perspective is to focus on the public sector, more particularly law enforcement. The many similarities between the kinds of work done and the techniques used by security in the private sector and law enforcement have created a natural tendency to think along similar lines in the application of the law. Many people in the private arena were trained

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The Legal Side of Private Security: Working through the Maze
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Introduction xi
  • 1 - Private Security and Law Enforcement 1
  • Notes 15
  • 2 - A View of the Maze of Laws That Impact Private Security 17
  • Notes 34
  • 3 - Security-Related Matters in Collective Bargaining 37
  • Notes 54
  • 4 - Labor-Related Demonstrations, Picketing, and Handbilling 57
  • Notes 79
  • 5 - Arbitration 81
  • Notes 102
  • 6 - The Employment World Outside of the National Labor Relations Act and Arbitration 105
  • 7 - Liability for Assaults 139
  • 8 - Individual Rights of Non-Employees and Protection of Property and Business Interests 161
  • Notes 184
  • 9 - Protecting Intangible Property 187
  • Notes 209
  • 10 - The Special Nature of Some Security Functions 213
  • Notes 223
  • Conclusion 225
  • Bibliography 229
  • Index 231
  • About the Author 237
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