The Legal Side of Private Security: Working through the Maze

By Leo F. Hannon | Go to book overview

Act and since the center had been injured in its business, the court found a violation of RICO.


Interference with Railroads

Since some demonstrator activity has involved disrupting train transportation, some thought has been given to a federal train-wrecking statute. 76 This statute provides that anyone willfully derailing, disabling, or wrecking a train or making tracks, signals, and such unusable "shall be fined not more than $10,000 or imprisoned not more than twenty years, or both." Despite the common use of the term "train-wrecking statute," it also covers any conduct which could substantially interfere with an interstate rail system. 77


OBSERVATIONS

An owner's right to protect his or her property has to be balanced against an individual's freedom of movement, preservation of a good reputation, protection of the private aspects of his or her life and, on public property, the right to engage in free speech. In some areas of change, such as the growth of the self-service retail business and more aggressive activity by demonstrators, the law has adjusted by giving merchants more legal latitude in detaining customers and giving owners access to relief via such statutes as RICO.

While the courts recognize many owner needs, they normally give only qualified rights in order to maintain a balance. The question asked in most cases relative to owner activity is, "Was the conduct reasonable in light of all the circumstances?" Business invitees and certainly trespassers do not have all the rights of an employee, or the responsibilities either, and this is reflected in the balances that the courts try to maintain. In order to understand legal developments it is critical to understand the rights of the parties involved. What was good law ten years ago won't necessarily be good law today.


NOTES
1.
Raefeldt v. Koenig, 152 Wis. 459, 140 N.W. 56( 1913).
2.
Restatement (Second) of Torts Sec. 112 ( 1965).
3.
Del. Code Ann. tit. 11, Sec. 1902 ( 1935).
4.
5 Am. Jur. 2d Arrest Sec. 36 ( 1962).
5.
5 Am. Jur. 2d Arrest Sec. 35.
6.
Tumbarella v. Kroger Co., 85 Mich. App. 482, 271 N.W.2d 284 ( Mich. 1978); Hill v. Taylor, 50 Mich. 549, 15 N.W. 899 ( Mich. 1883).
7.
"Comment, Shoplifters Beware?", 11 Drake L. Rev.31, 33-34 ( 1961); Comment,

-184-

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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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