1. Chapter 3 The Public/Private Interface and Legal Authority

2. Private Security and Public Police Officer Similarities  They both:  Wear uniforms and badges.  Are trained in compelling obedience.  Are apt to be sued.  Seek to prevent crime.  Seek to apprehend criminals.

3. Private Security and Public Police Officer Differences  Four basic differences exist:  (1) the financial orientation.  (2) the employer.  (3) the specific functions performed.  (4) the statutory power possessed.

4. Private Security and Public Police Officer Differences  Private Security  Profit-oriented enterprise.  Serving specific private clients.  To prevent crime, protect assets and reduce loss.  To regulate noncriminal conduct not under the authority of public police.  Public Law Enforcement  Nonprofit, governmental enterprise.  Serving the general public.  To combat crime, enforce laws and apprehend offenders.  Statutory authority.

5. The Authority of Private Security Officers  Usually no more powers than private citizens.  As citizens, they have power to:  Arrest.  Investigate.  Carry weapons.  Defend themselves.  Defend their property or property entrusted to their care.

6. The Authority of Private Security Officers  Private security officers can:  Deny access to unauthorized individuals into their employers’ business or company.  Enforce all rules and regulations established by their employers.  Search employees.  Question employees without using Miranda warning in most states.

7. Restrictions on Private Security Officers  Laws governing conduct of private security officers derived from:  (1) tort law.  (2) state statutes.  (3) criminal law.  (4) constitutional guarantees.  (5) contract law.

8. Restrictions on Private Security Officers  Private security officers cannot:  Invade another’s privacy.  Electronically eavesdrop.  Trespass.  In some jurisdictions, wear a uniform or badge closely resembling that of a public police officer.

9. The Numbers Compared There are now 2 ½ times as many people employed in private security as there are public police. There are now 2 ½ times as many people employed in private security as there are public police.

10. Working Together  How might private security and public police work better together?  Friction has always existed between them.  One source of friction: Public police must follow U.S. Constitution and private security does not.  Private security wants respect of public police.

11. Working Together  They need to complement each other.  Public police:  constrained by law or limited resources.  cannot be spared to do such things as investigate employee pilferage.  cannot legally enforce rules and regulations of a company.  cannot enter a business until after a crime has been committed.

12. Working Together  Five forms of interdependence between public and private police in undercover work.  (1) joint public/private investigations.  (2) public agents hiring or delegating authority to private police.  (3) private interests hiring public police.  (4) new organizational forms where distinction between public and private is blurred.  (5) circulation of personnel between public and private sectors.

13. Advantages of Working Together  Public police  Power of interrogation, search, arrest and use of electronic surveillance.  May reduce or eliminate their legal liability.  Offer training, experience and backup.  Private security  Information.  Access to private places.  Extended surveillance and coverage.  Can question without using Miranda warning.  Can search without a warrant.

14. Privatization  Duties normally performed by sworn officers which can be done by private security.  Public building security.  Parking enforcement.  Patrolling of public parks.  Animal control.  Special event security.  Funeral escorts.  Court security.  Prisoner transport.  Public housing development patrol.

15. Summary Questions  How are private security officers and public police officers alike?  How do private security officers and public police officers differ?  What authority do private security officers have?  How is their authority restricted?

16. Summary Questions  How do private security officers compare in numbers with public police officers?  How might private and public security work together?  What are the advantages of private and public security working together?