Private Security Law - Essay Example

Private security agencies have played a vital role in preventing, detecting and investigating instances of crime on the employer’s premises (Dempsey, 2010). Private security agencies have engaged in activities such as cash transportation, building surveillance using closed circuit televisions (CCTVs) and alarm systems, and private investigation of crime (Dempsey, 2010). Private security law is contained in the Private Security Officer Employment Authorization Act of 2004, which licenses and provides guidelines for the operation of private security services and agencies (Dempsey, 2010).

When it is necessary to search an individual on your employer’s premises, there are certain legal risks which the security persons should be concerned about. These legal risks present potential causes of action against the personnel. Laws protect individuals from being searched, since security personnel are not authorized to search individuals for the purpose of finding evidence to arrest them (Maxwell, 1992). To have an opportunity to conduct the search, security personnel should first detain the individual after discovering the ongoing crime (Maxwell, 1992).

Security personnel should not assist in, or allow any opportunity of, disposing the items stolen from the premises. According to Penal Code 846, a member of security personnel is allowed to search for weapons only if he or she believes that he or she is in physical danger after detaining the suspect. The searching officer must be in uniform and a badge to avoid any misunderstanding between him and the suspect (Dempsey, 2010). Some potential risks that can lead to criminal liability during the search include intimidation of the suspect to make him or her cooperate and confess the crime (Maxwell, 1992).

Another potential risk includes the use of excessive physical force which is unreasonable in restraining the suspects who resist the search (Pastor, 2007). Use of excessive and unreasonable force will lead to both criminal and civil liability of the private security personnel. For instance, discharging a firearm and shooting the suspect in order to ensure the safety of the employer’s property will lead to criminal liability, since deadly force is only permissible in protecting human life (Maxwell, 1992).

The use of unauthorized deadly weapons such as switch-blade knives and guns will also lead to criminal liability. For instance, proprietary security guards are usually unarmed and thus cannot carry or use any weapons such as knives, batons and guns during the search, since they are deadly weapons. The unlawful use of defensive weapons like batons or making misdemeanor arrest will lead to criminal liability, since the security guard has not actually observed the suspect committing the crime (Maxwell, 1992).

If the there is a reason to believe that a particular employee of your employer was engaging in anonymous harassment of a co-worker and you wanted to confront the individual in a meeting in your office, there are several steps that you can undertake in order to reduce the legal exposure of the company by the alleged harasser arising from the meeting. The investigator should desist from spreading any rumors, gossip or false statements about the alleged harasser and should conduct fair and impartial investigations before the meeting in order to avoid causing personal harm to the alleged haras