The Legal Side of Private Security: Working through the Maze

By Leo F. Hannon | Go to book overview

8
Individual Rights of Non-Employees and Protection of Property and Business Interests

DETAINING AND INVESTIGATING

As discussed above, the law provides that a certain amount of force can be used in protecting property without committing an assault and battery. A property owner does not commit an assault and battery by gently placing his hands on a customer who has been helping himself to goods for which he does not intend to pay and escorting that person out of his place of business. 1 But that is not the end of the property owner's legal concerns.

Trespassers can be escorted off the property and in some situations a thief might hand over property that has been taken. In such situations, a security officer can avoid the use of force in carrying out his or her job. But the job often cannot be completed successfully without detaining a suspected thief in order to carry out an investigation and recover any property involved. The detaining, though, can lead to such legal problems as charges of false arrest or false imprisonment.


False Arrest and False Imprisonment

The best way of getting at this issue is to first briefly discuss what arrest means before getting into the meaning of false arrest. There are numerous complex definitions of arrest, but one that seems to capture the essence of it is set out in the Restatement (Second) of Torts as the taking of another into custody for the actual or purported purpose of bringing him before a court, or otherwise securing the administration of the law. 2 Most states set out the definition of arrest in statutes, and while there are variances they are all quite similar. For example, Delaware defines arrest

-161-

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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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