peer respond

Based on your added research this week, identify, and discuss at least three (3) local, state, or federal laws and regulations with which organizations must comply when developing and implementing various security policies and procedures.

Detaining shoplifting suspects is a common occurrence. In nearly all U.S. jurisdictions, merchants have the legal authority to detain shoplifting suspects for investigation and potential arrest and prosecution within the criminal justice system. This authority is known as "merchant's privilege". The merchant's privilege allows for the detention of individuals suspected of shoplifting only when there is probable cause or reasonable belief that the person has committed theft (Witherspoon, 1999). In the state of Maryland, a merchant, or their agent or employee, who detains or causes the arrest of an individual will not be held civilly liable for detention, slander, malicious prosecution, false imprisonment, or false arrest of the detained or arrested person.

The Forth Amendment of the Constitution protects individuals against unreasonable searches and seizures. Only a sworn in peace officer can make a warranted search and seizure. Private security can only detain but cannot conduct a search of the individual(s) being detained.

Many state, county, and local ordinances recognize private security personnel as private citizens. Essentially, this means that private security personnel do not possess any special powers or immunities due to their protection role, beyond the common law or statutory powers of arrest granted to an ordinary citizen, known as a "citizen's arrest." In a citizen's arrest, the arrest is considered valid under the specified limitations only if the individual intends to, and does, hand the arrestee over to the proper authorities as soon as practicable (Priv. Sec. Advisory Council, 1976).

Describe the elements that should be included in a security policy and explain why?

A security policy should include realistic and enforceable policies. While many officials strive for perfection, there is not a way to perfectly act on policies as every situation is different. Security officials need to make realistic expectations for their personnel. A burdensome policy is unlikely to be widely adopted, but when there are realistic goals and expectations set, they can be met and universally accepted (Grimmick, 2023).

A security policy should be tailored to the organization's potential risks. Risk can never be entirely eradicated, but it is the responsibility of each organization's management to determine the acceptable level of risk. A security policy must consider this tolerance for risk, as it will influence the range of topics addressed. (Grimmick, 2023).

A security policy should include definitions and important terms, so everyone is on the same page. Clear and straightforward language is crucial, and any technical terminology used in the document should be explicitly explained (Grimmick, 2023).

Identify the legislative statute that encompasses the "shopkeeper's or merchant's privilege law" in your home or selected state and explain the security actions it legally authorizes and its requirements.

Maryland Code 5-402 protects a merchant, agent, or employee of the merchant who detains an individual(s) with probable cause that the individual(s) committed theft. Basically, Maryland just requires the merchant, employee, or agent to have probable cause at the time of detaining the individual(s).

Write a rudimentary outline of your organization's policy and its procedures for ensuring those responsible for carrying out this somewhat intrusive encounter do so in the proper manner staying within the confines of the law. Be sure to include the organization's authorization to actually employ this action and the specific procedures or best practices to be followed when such actions are undertaken to protect assets.

The merchant's privilege provides for detention of persons suspected of shoplifting only when probable cause or reasonable cause exists to believe a person has committed theft. Security personnel following best practices only detain a suspect if they have personally witnessed the suspect approaching the merchandise and only if they have personally observed the suspect select or take possession of or conceal the merchandise. This is because the suspect could have entered the store with merchandise from outside the store. Security personnel should be witness to the action and not act on reports from others (Grimmick, 2023).

As security personnel, you are to determine with the organization what potential risks are. Together management can establish an acceptable level of risk. The tolerance for risk is dependent on the organization and the industry. This should be tailored to the organization for best practices.

Risk - The possibility of loss resulting from a threat, security incident, or event.

Risk Assessment - The process of assessing security-related risks from internal and external threats to an entity, its assets, or personnel.

Detain - keep someone from proceeding; hold back.