Constitutional Issues
in Private Security
Security Services
Copyright and Terms of Service
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Legal Responsibilities of
Private Security Professionals
Follow state and federal law
 Understand job duties in the light
of U.S. Constitutional Amendments
 An illegal action by a security professional
could be both a criminal act and a private tort
(civil)

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Fourth Amendment
Protects citizens’ privacy and security
 Protects the right of people to be secure in
their person, house, and papers
 Protects against unreasonable search and
seizure

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Fourth Amendment
(continued)
The protection is not absolute
 A person loses the right to privacy if there
is a strong, justifiable reason to invade that
privacy
 Private security professionals may ensure
the public’s safety against individuals who
would use their privacy to harm others

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Fifth Amendment
Protects against self-incrimination
 Protects against forced confessions
 Raises fundamental questions about
how to balance individual liberties with
society’s need for security
 Protection extends beyond the courtroom to
custodial interrogation; however, these rules
do not apply to on-the-scene questioning

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Fourteenth Amendment
Due process and equal protection of the law
 No person is above the law
 The guilty have the same constitutional rights as
the innocent

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Right to Arrest and Detain


“Citizen’s arrest authority” is the recognized authority
of private individuals to detain an actor of a crime for
the police; however, it does not provide the authority for
search and seizure of personal property
Arrests by private security professionals are normally
considered arrests by private persons
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Right to Arrest and Detain
(continued)


An arrest by a private person requires the crime to have
been committed or attempted in the presence of the
arresting person
When an arrest is made, the person making the arrest
must inform the arrested person of the reason for the
arrest
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Right to Arrest and Detain
(continued)

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Most private arrests by security professionals are in
response to shoplifting and employee thefts
Security professionals may temporarily detain an
individual suspected of shoplifting or entering a property
without proper authority or consent
They can arrest someone who commits a felony or
misdemeanor in their presence, however they must
report it to the police immediately; prolonged detainment
may be in violation of civil rights
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Right to Arrest and Detain
(continued)

Avoid felonious restraint—restraining another
unlawfully and exposing him or her to risk of serious
bodily injury may result in civil and criminal liability

Avoid “use of force” not in self defense—unnecessary
use of force may result in civil and criminal liability

Application of proper evidence handling techniques are
vital—improper handling of evidence may result in
contamination of a crime scene, impact
on an arrest, and loss of pending legal
cases or trial
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Right to Conduct Searches



Individuals not connected with a law enforcement
agency are considered private citizens, and may not
have the power to search unless under the posted
authorization by the employer and or property owner—
for example, a government building or hospital
In most situations, if the individual does not agree to
allow you to look in his or her pockets, it is wise to
detain the individual and request law enforcement
assistance. However, the security officer may direct the
person to leave the property or area for noncompliance
Avoid excessive force; private security professionals
have an obligation not to injure another person or
damage property
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Rights: Due Process
During Interrogation

Interrogation is an expected part of security personnel’s job when a
criminal is detained

Probable cause is required before interrogating

Many court cases have allowed on-the-scene questioning without
being subject to the Fifth Amendment; however, forcing a
confession is not good practice (i.e. prevent further harm to a
person or damage to property, prevent further loss of property,
ensure safety, avoid escalation of a terrorist attack, etc.)

If a crime has been committed, request law enforcement assistance
immediately
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Rights: Due Process and
Equal Protection of the Law
The Fifth and Fourteenth Amendments protect
people from being deprived of life, liberty, or
property without due process of law
 The security professional’s job is to protect
people and companies from being deprived of
life or property

◦ If a criminal unlawfully takes property or threatens the
lives of others, it is the security professional’s duty to
step in
◦ “Equal protection of the law” applies to the potential
criminal as well as the security professional’s employer
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Right to Use of Force
to Protect Property

Security professionals have only limited authority to use
force

The force must be reasonable under the circumstances

May use deadly force only when it is reasonably
necessary to protect a life

If the force used is excessive, the action will be an
assault or battery, or both
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Resources
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9780205592401, Introduction to Private Security: Theory Meets Practice,
Roberson & Birzer, Prentice Hall, 2010.
Our Rights, David J. Bodenhamer, Sunnylands Classroom, 2008.
http://www.sunnylandsclassroom.org/Asset.aspx?Id=1329Private
Security & Police Officers Arrest Powers:TX Department of Public Safety
http://www.txdps.state.tx.us/psb/testing/leveltwo_review.htm
Do an Internet search for the following: Findlaw Katz v United States
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