Posted: August 11th, 2015

Legal Challenges for Private Security

Legal Challenges for Private Security (4 PAGES LONG, 5 References)
Background: In private industry/business, some employers must institute an administrative, non-coercive, care taking search programs to address real or perceived property losses at the hands of their employees. In establishing such a program, there are various issues that must be considered beyond the impact it might have on employee morale. 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. Legal claims 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, a significant threat to company assets that must be avoided.
Writing Assignment: Students are to write a paper that explores the use and legalities of an administrative, non-coercive, care taking search program instituted by private security operatives to address real or perceived company losses resulting from significant internal theft. After reading and evaluating Judge Edward Weinfeld’s opinion in Chenkin v. BELLEVUE HOSP. CTR., NYC, ETC., 479 F. Supp. 207 (S.D.N.Y. 1979), found online, consider the opinion and respond to the following:
(1) Write an introduction to the project and include its purpose and a succinct recitation of the basic facts in this case.
(2) Describe the issues related to the search program the court needed to resolve.
(3) Explain the positions that Chenkin and Bellevue advanced to the court regarding Chenkin’s claim that the hospital’s package control system was unconstitutional.
(4) Provide details of the court’s ruling and rationale and be sure to describe the important features of the search procedure instituted by Belleville that in the view of the court rejected Chenkin’s claims.
(5) As a practical matter, evaluate how this court decision impacts security operations. Be specific and comprehensive.
The length of the proposal will be 4 pages and students will use and properly cite and reference in APA format at least 5 sources including the court’s opinion. Course instructional material may be used and cited, but may not be included in the 3 sources required.
Source Information:
https://www.courtlistener.com/opinion/2263945/chenkin-v-bellevue-hosp-ctr-nyc-etc/?
http://www.twc.state.tx.us/news/efte/searches_at_work_legal_issues_to_consider.html
http://www.ppspublishers.com/ez/html/060804txtb.html
http:/www.nolo.com/legal-encyclopedia/workplace-searches-dos-donts-29770.html
http://www.workplacefairness.org/searches
http://definitions.uslegal.com/w/workplace-searches/
You are highly encouraged to use the services of the UMUC Effective Writing Center (EWC) for this project. Personnel at the EWC can be contacted using the following website:http://www.umuc.edu/ewc/.

Formatting Requirements
Use the American Psychological Association (APA) style manual in writing this paper.
Paper should begin with an appropriate introductory statement about the topic and a reference page.
You may access the following UMUC website as a reference for APA style requirements:
http://www.umuc.edu/library/citationguides.shtml
Paper should be a minimum of 4 pages
• • Double space
• • 12 pt. font
• • 1” margins
• • Use APA citations for all sources
• • Include reference page using APA format guidelines (not included in word count)
Additionally –
• • Create a cover page for your assignment (not included in word count)
• • Include your name
• • Course title and number
• • Project title
• • Date of submission

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