Chapter 3Chapter 3The Public/Private Interface and The Public/Private Interface and

Legal AuthorityLegal Authority

Private Security and Public Police Private Security and Public Police Officer SimilaritiesOfficer Similarities

They both:They both: Wear uniforms and badges.Wear uniforms and badges. Are trained in compelling obedience.Are trained in compelling obedience. Are apt to be sued.Are apt to be sued. Seek to prevent crime.Seek to prevent crime. Seek to apprehend criminals.Seek to apprehend criminals.

Private Security and Public Police Private Security and Public Police Officer DifferencesOfficer Differences

Four basic differences exist:Four basic differences exist: (1) the financial orientation.(1) the financial orientation. (2) the employer.(2) the employer. (3) the specific functions performed.(3) the specific functions performed. (4) the statutory power possessed.(4) the statutory power possessed.

Private Security and Public Police Private Security and Public Police Officer DifferencesOfficer Differences

Private SecurityPrivate Security Profit-oriented enterprise.Profit-oriented enterprise. Serving specific private Serving specific private

clients.clients. To prevent crime, protect To prevent crime, protect

assets and reduce loss.assets and reduce loss. To regulate noncriminal To regulate noncriminal

conduct not under the conduct not under the authority of public police.authority of public police.

Public Law EnforcementPublic Law Enforcement Nonprofit, governmental Nonprofit, governmental

enterprise.enterprise. Serving the general public.Serving the general public. To combat crime, enforce To combat crime, enforce

laws and apprehend laws and apprehend offenders.offenders.

Statutory authority.Statutory authority.

The Authority of Private Security The Authority of Private Security OfficersOfficers

Usually no more powers than private Usually no more powers than private citizens.citizens.

As citizens, they have power to:As citizens, they have power to: Arrest.Arrest. Investigate.Investigate. Carry weapons.Carry weapons. Defend themselves.Defend themselves. Defend their property or property entrusted to Defend their property or property entrusted to

their care.their care.

The Authority of Private Security The Authority of Private Security OfficersOfficers

Private security officers can:Private security officers can: Deny access to unauthorized individuals into Deny access to unauthorized individuals into

their employers’ business or company.their employers’ business or company. Enforce all rules and regulations established Enforce all rules and regulations established

by their employers.by their employers. Search employees.Search employees. Question employees without using Question employees without using MirandaMiranda

warning in most states.warning in most states.

Restrictions on Private Security Restrictions on Private Security OfficersOfficers

Laws governing conduct of private security Laws governing conduct of private security officers derived from:officers derived from: (1) tort law.(1) tort law. (2) state statutes.(2) state statutes. (3) criminal law.(3) criminal law. (4) constitutional guarantees.(4) constitutional guarantees. (5) contract law.(5) contract law.

Restrictions on Private Security Restrictions on Private Security OfficersOfficers

Private security officers cannot:Private security officers cannot: Invade another’s privacy.Invade another’s privacy. Electronically eavesdrop.Electronically eavesdrop. Trespass.Trespass. In some jurisdictions, wear a uniform or badge In some jurisdictions, wear a uniform or badge

closely resembling that of a public police closely resembling that of a public police officer.officer.

The Numbers ComparedThe Numbers Compared

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

Working TogetherWorking Together

How might private security and public How might private security and public police work better together?police work better together? Friction has always existed between them.Friction has always existed between them. One source of friction: Public police must One source of friction: Public police must

follow U.S. Constitution and private security follow U.S. Constitution and private security does not.does not.

Private security wants respect of public police.Private security wants respect of public police.

Working TogetherWorking Together

They need to complement each other.They need to complement each other. Public police:Public police:

constrained by law or limited resources.constrained by law or limited resources. cannot be spared to do such things as cannot be spared to do such things as

investigate employee pilferage.investigate employee pilferage. cannot legally enforce rules and regulations of cannot legally enforce rules and regulations of

a company.a company. cannot enter a business until after a crime has cannot enter a business until after a crime has

been committed.been committed.

Working TogetherWorking Together

Five forms of interdependence between public and Five forms of interdependence between public and private police in undercover work.private police in undercover work. (1) joint public/private investigations.(1) joint public/private investigations. (2) public agents hiring or delegating authority to (2) public agents hiring or delegating authority to

private police.private police. (3) private interests hiring public police.(3) private interests hiring public police. (4) new organizational forms where distinction (4) new organizational forms where distinction

between public and private is blurred.between public and private is blurred. (5) circulation of personnel between public and private (5) circulation of personnel between public and private

sectors.sectors.

Advantages of Working TogetherAdvantages of Working Together

Public policePublic police Power of interrogation, Power of interrogation,

search, arrest and use search, arrest and use of electronic of electronic surveillance.surveillance.

May reduce or May reduce or eliminate their legal eliminate their legal liability.liability.

Offer training, Offer training, experience and experience and backup.backup.

Private securityPrivate security Information.Information. Access to private Access to private

places.places. Extended surveillance Extended surveillance

and coverage.and coverage. Can question without Can question without

using using MirandaMiranda warning.warning.

Can search without a Can search without a warrant.warrant.

PrivatizationPrivatization

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

Summary QuestionsSummary Questions

How are private security officers and How are private security officers and public police officers alike?public police officers alike?

How do private security officers and public How do private security officers and public police officers differ?police officers differ?

What authority do private security officers What authority do private security officers have?have?

How is their authority restricted?How is their authority restricted?

Summary QuestionsSummary Questions

How do private security officers compare How do private security officers compare in numbers with public police officers?in numbers with public police officers?

How might private and public security work How might private and public security work together?together?

What are the advantages of private and What are the advantages of private and public security working together?public security working together?