Ethics of Private Security Officers

Private Security Officers Ethical Responsibilities Private Security Officers The objective of this study is to examine the importance of ethics in security. Towards this end this work will examine the regulations and laws in this area of inquiry as well as reporting on case law in this area of the law.

Rules and Regulations The 'Rules and Regulations -- Relating to the Licensing and Regulation of the Private Security Guard Business Pursuant to the Private Security Guards Act of 1987 sets out the regulations for the operation of a Private Security business and the licensing requirements.

It is related in the regulations published by the State of California in regards to the duties of a private security officer that any individual registered in that capacity must turn into their director a written report of any incident in which they are involved that results in a firearm being discharged within seven days following the incident.

There are specific requirements in this report including the demographic information of the security officer and their registration along with injuries and participants in the incident and if a police investigation followed the incident II. Training Course The training course for private security officers "in carrying and using firearms shall not be required of any employee that is not required or permitted by a licensed to carry or use firearms." (State of California, nd, p.

1) The training course is required to meet specific standards prescribed by the Department of Consumer Affairs in the State of California. However, it is expected that private security organizations encourage restraint in the use of firearms unless the private security officer has a valid firearm qualification card." (State of California, nd, p.

1) Training for private security officers relating to the power of the private security officer to arrest include the following: (1) citizen related arrest and associated responsibilities and ethics; (2) peace officer and security guard relationship in conducting arrest; (3) Security guard power to arrest limitations; (4) search and seizure restrictions; (5) criminal and civil liabilities: (a) personal liability; (b) employer liability; (6)Trespass law; (7) Ethics and communications; (8) emergency situation response which includes response to medical emergencies and (9) the safety of security officers. (State of California, nd, p. 1) III.

Ethical Responsibilities & Caselaw Private security officers have specific ethical responsibilities and must follow the law on any situations they handle involving search, seizure or arrest of an individual. This study examines case law on the ethical responsibilities of private security officers and the following cases are reported in the case law: (1) Administrative Searches -- Probation/Parole: Presence of Police No Determinative State v. Jacob B.

Jones (2008) WI App 154, PFR filed 10-24-08: This case relates to administrative searches and specific involving probation or parole holding the presence of police no determinative. (2) State v. Michelle R. Popenhagen, 2008 WI 54, reversing 2007 WI App 16 Applicability of Exclusionary Rule -- Dog Sniff, Wisconsin Constitution: This case involves the applicability of the exclusionary rule and violation of statutory right holding the suppression need not be generally expressly provided. (3) State v.

Ramon Lopez Arias, 2008 WI 84, on Certification: This case involves the applicability of the exclusionary rule relating to private government search and generally the burden of proof. (4) State v. Willie B. Cole, 2008 WI App 178: This case involves applicability of the exclusionary rule and private government search in which off duty police officer acts in private capacity and in this case regarding the opening of a misaddressed letter. (6) State v. Robert F.

Hart, 2001 WI App 283: This case involves the arrest and the search incident to arrest relating to probable cause to arrest and discretion of officer not to arrest. (7) State v. Dwight M. Sanders 2008 WI 85 affirming as modified, 2007 WI App 174: This case involves the search incident to arrest and the protective sweep doctrine. (8) State v. Robert J. Pallone, 2000 WI 77, 236 Wis. 2d 162, 613 N.W.2d 568, affirming Sate v. Pallone, 228 Wis.

2d 272, 596 N.W.2d 882: This case involves the issue of whether the search of a passenger's duffle bag located in the vehicle and following the arrest of the driver is forefeitured on the basis of having committed the offense of having open toxicants. The court held that the search was indeed "justified as both incident to arrest and based upon probable cause'. (State v. Robert J. Pallone, WI 77, 236 Wis. 2d 162, 613 N.W.2d 568, paraphrased) State v. Mitchell A. Lange 2009 WI 49, reversing.