Legal Challenges for Private Security

No directly quoted material may be used in this project paper. Resources should be summarized or paraphrased with appropriate in-text and Resource page citations. Project 2: Legal Challenges Confronting Private Security Operations: Administrative Searches Scenario: The ACME Company manufactures various electronic devices for a variety of well-known brands. This includes cell phones, cameras, camcorders, stereos, computers, tablets, video games, and more. At any given time, many of these products are fully assembled and stored at the plant awaiting shipment to the vendors. Also stored at the plant are the expensive components used to manufacture the devices. As the Corporate Security Director for the ACME Company, you have been alerted that significant inventory shortages have been occurring for the assembled devices and the stock components used to manufacture the electronic devices resulting in substantial company losses. You also have obtained information that these losses are the result of extensive employee theft. During previous discussions with private security leaders from other organizations, you sought more information about the effectiveness of an administrative search program as an option to address internal theft. You call a meeting with your security team and other company directorate heads, to include the organization’s legal counsel, to discuss possible security options to thwart the reported losses. The discussion at this meeting centers on the fact that in private industry/business, some employers institute an administrative, non-coercive, care taking search programs to address real or perceived property losses at the hands of their employees. But in establishing such a program, there are various issues that must be considered beyond the impact it might have on employee morale. Everyone agreed that company executives must thoroughly vet the legality of an administrative search under consideration and consider the potential for civil lawsuits filed against the company and its security operatives for such reasons as invasion of privacy, assault, false imprisonment, intentional infliction of emotional distress, and defamation. Everyone was also concerned about legal claims that may result from the manner in which the search is conducted. For instance, search protocols that are found by a court to be unreasonable, discriminatory, discourteous, unfair, highly intrusive, socially unacceptable conduct, or instituted for frivolous reasons will likely lead to successful claims by employees. All participants at the meeting agreed this would be a significant threat to company assets that must be avoided.

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