The Legal Side of Private Security: Working through the Maze

By Leo F. Hannon | Go to book overview

2
A View of the Maze of Laws That Impact Private Security

Highlighting the law enforcement paths in the legal maze confronting private security people is a significant achievement but is still only a beginning point in understanding and dealing with those remaining parts of the legal network. The purpose of this chapter is to give a brief introduction to some of the legal issues encountered by private security people and to discuss some of their interrelationships.

As described in chapter 1, for fourth and fifth amendment purposes, the law deals with the individual and government and the balancing of rights and interests between the two. To a large extent, the individual may change his or her identity in the private sector and take on new names and new roles. The new names might be employee, guest, customer, visitor, student, or demonstrator. On the other side of the scales in place of the government there are new identities such as employer, innkeeper, merchant, property owner, and private school administrator. The balance that is struck by the courts in conflicts between these various parties is made only after an evaluation of the rights and interests of all those involved. An examination of the basic combinations of parties and the laws that attempt to balance the rights in those combinations is the next critical step in working through the maze. Again, the idea in this chapter is to explore the range of legal issues involved in private security and to set the scene for more detailed discussions in later chapters.


EMPLOYER-EMPLOYEE RELATIONSHIPS

The logical relationship to start with is that between employee and employer because nearly all elements of the private security sector deal with this interface.

Consider the following as a problem that has to be solved. A black,

-17-

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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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