Course Security Services Unit IV U.S. Constitution and Constitutional Issues Essential Questions What is one of the jurisdictional differences between private security and police and how do the 4 th, 5 th and 14 th Amendments impact private security? TEKS 130.298(c) (3)(B)(D)(I)(J)(K) Prior Student Learning None Estimated Time 2 to 4 hours Constitutional Issues in Private Security Rationale This lesson provides the background needed to prepare for certification in security services with a focus on security measures used to protect lives, property, and information. Objectives The student will be able to: 1. Analyze the impact of legal issues relevant to security services 2. Analyze the connections between constitutional law and private security operations by referencing relevant constitutional amendments 3. Analyze the importance of the Fourth Amendment with respect to the security officer powers of arrest, search, and seizure 4. Analyze and summarize the due process rights granted to individuals by the Fifth Amendment during an interrogation 5. Analyze the impact of the Fourteenth Amendment as it relates to due process and equal protection of the law 6. Analyze the rules of evidence Engage As a class discuss the following questions: What civil and criminal liability issues can impact private security? What are the Regulations of Private Security? What is meant by The Protection of Others under constitutional law? Use the Discussion Rubric for assessment. To extend the activity have the students use the Internet to research and answer these questions. Key Points I. Legal responsibilities of private security professionals A. Follow state and federal law B. Understand their duties in light of U.S. Constitutional Amendments 1. The Fourth Amendment is about privacy and security a. Protects the right of people to be secure in their person, house, and papers b. Protects against unreasonable search and seizure c. Not absolute a person loses the right to privacy if there is a strong, justifiable reason to invade that privacy d. Private security professionals may ensure the public s safety against individuals who would use their privacy to harm others 2. The Fifth Amendment is about protection against selfincrimination a. Protects against forced confessions b. Raises fundamental questions about how to balance 1
individual liberties with society s need for security c. Protection extends beyond the courtroom to custodial interrogation; however, these rules do not apply to on-thescene questioning 3. The Fourteenth Amendment is about due process and equal protection of the law a. No person is above the law b. The guilty have the same constitutional rights as the innocent C. An illegal action by a security professional could be both a criminal act and a private tort (civil) II. Rights and responsibilities of private security professionals A. The right to arrest and detain 1. 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 2. Arrests made by private security professionals are normally considered arrests by private persons 3. An arrest by a private person requires that the crime for which the arrest is made has been committed or attempted in the presence of the arresting person 4. When an arrest is made, the person making the arrest must inform the arrested person of the reason for the arrest 5 Most private arrests by security professionals are in response to shoplifting and employee thefts 6. General rules for security personnel to detain a. Security professionals may temporarily detain an individual suspected of shoplifting or entering a property without proper authority or consent b. 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 7. Avoid felonious restraint restraining another unlawfully and/or exposing him to risk of serious bodily injury may result in civil and criminal liability 8. 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 B. Right to conduct searches 1. 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 2
and or property owner for example, a government building or hospital 2. 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 3. Avoid excessive force; private security professionals have an obligation not to injure another person or damage property C. Rights regarding due process during interrogation 1. Interrogation is an expected part of security personnel s job when a criminal is detained 2. Probable cause is required before interrogating 3. 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.) 4. If a crime has been committed, request law enforcement assistance immediately D. Rights regarding due process and equal protection of the law 1. Both the Fifth and the Fourteenth Amendments protect people from being deprived of life, liberty, or property without due process of law 2. The security professional s job is to protect people and companies from being deprived of life or property a. If a criminal is unlawfully taking property or threatening the lives of others, it is the security professional s duty to intervene b. The security professional must remember that equal protection of the law applies to the potential criminal as well as the security professional s employer E. Right to use of force to protect property 1. Security professionals have only limited authority to use force 2 The force must be reasonable under the circumstances 3. Security professionals may use deadly force only when it is reasonably necessary to protect a life 4. If the force used is excessive, the action will be considered an assault or battery, or both Activities 1. 4 th Amendment Rights, Schools, and Private Security have the students imagine that a security officer takes one of the effects that they have with them during class (for example, a notebook). Have them further imagine that a police officer comes in and wants to read the 3
notebook. Have the students write their answers to the following questions: Does the security officer have the power to search and seize in a school environment? Do you, as the student who owns the notebook, expect that what you wrote will remain private? Do you, the class, think that what is written is reasonable to keep private and disallow the security officer the search? Why? After the students have completed the writing assignment. Use the following questions for a class discussion: What are the values that are important in keeping the notebook private? (Here are some potential answers: privacy, autonomy, creativity, individuality, freedom, etc.) On the other side, what are the reasons a police officer might want to read it? Think about the notebooks released by the Columbine massacre students. What if there was a concern about violence in the schools? (Here are some potential answers: to find evidence of a crime, to find reasons to suspect you.) If security officers do not have any real reason to suspect you, should you have a reasonable expectation of privacy? For an extended discussion ask the students the following questions: Instead of an item (like a notebook, backpack, or book), what about the expectation of privacy you have in what you say to each other? Should you have an expectation that what you say will remain private? Which of the following seems like a situation that would give you the most privacy? A conversation between two people loudly yelling in a packed school auditorium A conversation between two people speaking in a normal tone alone in the bathroom A conversation between two people whispering on stage in the school auditorium A conversation between two people whispering in class A conversation between two people in the middle of the football field with no one around Why are your answers different? Is it where you are when you are talking or how you are talking that should control your expectation? Or take another slightly different example. Think about the conversations you have on the phone do you have a reasonable expectation of privacy that what you say on the phone will remain private? The Supreme Court addressed such an issue in a criminal 4
case called Katz v. United States. U.S. Supreme Court Case Reflection have students read about Katz v. United States and then complete the Katz v. United States Reflection Handout. (A copy of the case summary can be found by doing an Internet search for the following: Findlaw Katz v United States. The answers should be the students opinions. Use the Writing Rubric for assessment. Assessments Constitutional Issues in Private Security Exam and Key Constitutional Issues in Private Security Quiz and Key Discussion Rubric Writing Rubric Materials Constitutional Issues in Private Security computer-based presentation Constitutional Issues in Private Security Key Terms Katz v. United States Reflection Handout Resources 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 Accommodations for Learning Differences For reinforcement, the student will define and illustrate key terms and training activities in a journal. Use the Writing Rubric for assessment. For enrichment, students may be assigned pre-reading of summarized versions of Private Security Officer Training, U.S. Constitutional Issues applicable to General Requirements related to the search and seizure authority in Texas and other jurisdictions. Use the Writing Rubric for assessment. State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education 130.298. Security Services (One to Two Credits). (3) The student analyzes the impact of ethical and legal responsibilities relevant to security services. The student is expected to: (B) analyze the impact of legal issues relevant to security 5
(D) (I) (J) (K) services; analyze the connections between constitutional law and private security operations by referencing relevant constitutional amendments; analyze the importance of the Fourth Amendment with respect to security officer powers of arrest, search, and seizure; summarize the due process rights granted to individuals by the Fifth Amendment during an interrogation; and analyze the impact of the Fourteenth Amendment as it relates to due process and equal protection of the law. College and Career Readiness Standards Cross-Disciplinary I. Key Cognitive Skills A. Intellectual curiosity 1. Engage in scholarly inquiry and dialogue. 2. Accept constructive criticism and revise personal views when valid evidence warrants. B. Reasoning 1. Consider arguments and conclusions of self and others. 2. Construct well-reasoned arguments to explain phenomena, validate conjectures, or support positions. 6
Constitutional Issues in Private Security Key Terms 1. Criminal offense a wrong against the public that the state prosecutes; the violation of a criminal law 2. Tort an act that injures someone in some way, for which the injured person may sue the wrongdoer for damages (civil wrongs as opposed to criminal offenses) 3. Tort action an action by a private individual or entity in civil court for a wrong committed against the individual or entity 4. Probable cause honest and reasonable belief 5. Assault a threat or attempt to use unlawful force by an individual 6. Battery nonconsensual, offensive touching of another person, either directly or indirectly. No actual bodily injury is necessary to constitute battery. 7. The Fourth Amendment to the U.S. Constitution the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 8. The Fifth Amendment to the U.S. Constitution no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall he be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 9. The Fourteenth Amendment to the U. S. Constitution section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 10. Arrest and Detainment the arrest powers of private security guards is limited, and there have been infractions when a security guard exceeded his powers and landed in jail or in the defendant s seat of a civil suit. There is something to be said for the power plays that sometimes affect those who wear uniforms, and many security guards have overstepped their bounds. 7
Katz v. United States Reflection Handout Directions: read the Katz v. United States case. Then on a separate sheet of paper write your answers to the following questions: 1. What do you think of the Court s decision? 2. Do you agree that someone who makes a telephone call to another person on a public (or a private phone) has a reasonable expectation that the content of the call would remain private? 3. What if someone had been lurking outside listening? 4. What if Katz had been yelling into the phone? The court s decision is based on the fact that the police did not get a warrant. 5. Why should they get a warrant to listen into the phone when they know the person is breaking the law? 6. Why should the police have to ask a judge for a warrant when they had probable cause? 7. There have been recent articles about warrantless wiretapping in the name of national security. It is thought that certain government organizations have been listening to some conversations of suspected terrorists in America. Do you think the Katz case would be decided differently in today s era with today s concern about terrorism? 8. What if Katz was using a cell phone? 9. When you speak into your cell phone, do you expect it to be private? 10. What if you are on a crowded bus? 11. What if you are in the hallway in school? 12. What if you are in a field in the middle of a prairie? 13. What if you are in a field in the middle of a prairie but someone has planted a listening device next to you? 14. Does the person s expectation change, or is it society s expectation that controls? 8
Name: Date: Constitutional Issues in Private Security Exam 1. The Fourth Amendment A. Protects people from testifying against themselves B. Protects against unreasonable searches and seizures C. Is about equal protection of the law D. Is about freedom of speech 2. The Fourth Amendment A. Is absolute: personal privacy is what this country was founded on B. Is not absolute: a person loses the right to privacy if there is a justifiable reason to invade that privacy 3. The Rules of Evidence apply to A. Evidence collected at a crime scene and whether it can be admissible in court B. The chain of custody for the evidence collected. 4. The Fifth Amendment A. Protects against forced confessions B. Protects the right to freedom of religion C. Is about freedom of speech D. Protects against unreasonable searches and seizures 5. The Fourteenth Amendment says that A. No person is above the law B. The guilty have the same constitutional rights as the innocent 6. An arrest by a private person (which would include a private security professional) A. Is known as citizen s arrest authority B. Requires that the crime for which the arrest is made to is committed or attempted in the presence of the arresting person 9
7. Which of the following is true regarding a private security professional s rights regarding interrogation? A. Probable cause is required before interrogating B. The security professional must read the Miranda rights to the arrested person C. Interrogation is not an expectation of security personnel with a detained suspect D. All the above 8. Probable cause means A. Forced against one s will B. Honest and reasonable belief C. Beyond a shadow of a doubt D. Held at force 9. Which of the following best describes a security professional s right to conduct a search? A. Make sure you have a witness B. If the potential criminal 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. C. Proceed at your own risk D. Use excessive force if needed to protect the company s assets 10. An illegal action by a security professional A. Could be both criminal and civil B. Could be criminal but never civil C. Could be civil but never criminal 11. The security professional s job is to A. Protect people and companies from being deprived of life or property B. Step in if a criminal is unlawfully taking property or threatening the lives of others C. Remember that equal protection of the law also applies to the potential criminal D. All of the above 12. A search refers to A. A government intrusion into an area where an individual has a reasonable expectation of privacy B. Government intrusion of a person s property 10
13. Probable cause refers to A. Both searches and arrests B. Evidence collected in accordance with Constitutional Law 14. Arrest authority for private security officers refers to A. The authority to detain a suspect for allegedly committing a crime B. Arresting an individual who commits a crime in their presence 15. Chain of Custody refers to A. Handling of evidence in accordance with continuity and documentation B. A document or testimony that establishes the control of evidence 11
Constitutional Issues in Private Security Exam Key 1. B 2. B 3. A 4. A 5. C 6. C 7. A 8. B 9. B 10. A 11. D 12. C 13. C 14. C 15. C 12
Name Date Constitutional Issues in Private Security Quiz 1. The Fourth Amendment A. Protects people from testifying against themselves B. Protects against unreasonable searches and seizures C. Is about equal protection of the law D. Is about freedom of speech 2. The Fourth Amendment A. Is absolute; personal privacy is what this country was founded on B. Is not absolute: a person loses the right to privacy if there is a justifiable reason to invade that privacy 3. The Fifth Amendment A. Protects against forced confessions B. Protects the right to freedom of religion C. Is about freedom of speech D. Protects against unreasonable searches and seizures 4. The Fourteenth Amendment says that A. No person is above the law B. The guilty have the same constitutional rights as the innocent 5. An arrest by a private person (which would include a private security professional) A. Is known as citizen s arrest authority B. Requires that the crime for which the arrest is made to have been committed or attempted in the presence of the arresting person 6. Which of the following is true regarding a private security professional s rights regarding interrogation? A. Probable cause is required before interrogating B. The security professional must read Miranda rights to the arrested person C. Interrogation is an expected part of security personnel s job when a criminal is detained D. Both a and c 13
7. Probable cause means A. Forced against one s will B. Honest and reasonable belief C. Beyond a shadow of a doubt D. Held at force 8. Which of the following best describes a security professional s right to conduct a search? A. Make sure you have a witness B. If the potential criminal 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 C. Proceed at your own risk D. Use excessive force if needed to protect the company s assets 9. An illegal action by a security professional A. Could be both criminal and civil B. Could be criminal but never civil C. Could be civil but never criminal 10. The security professional s job is to A. Protect people and companies from being deprived of life or property B. Step in if a criminal is unlawfully taking property or threatening the lives of others C. Remember that equal protection of the law also applies to the potential criminal D. All of the above 14
Constitutional Issues in Private Security Quiz Key 1. B 2. B 3. A 4. C 5. C 6. D 7. B 8. B 9. A 10. D 15
Name Date Discussion Rubric Objectives 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Participates in group discussion Encourages others to join the conversation Keeps the discussion progressing to achieve goals Shares thoughts actively while offering helpful recommendations to others Gives credit to others for their ideas Respects the opinions of others Involves others by asking questions or requesting input Expresses thoughts and ideas clearly and effectively Total Points (32 pts.) Comments: 16
Name: Date: Writing Rubric Objectives The writing has all required parts from introduction to conclusion in smooth transition. The writing is interesting, supportive, and complete. The writing demonstrates that the writer comprehends the writing process. Accurate spelling, grammar, and punctuation 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. The content of paragraphs emphasizes appropriate points. The writer shows an understanding of sentence structure, paragraphing, and punctuation. All sources and references are clearly and accurately documented. Total Points (28 pts.) Comments: 17