Additionally, protection officers should be familiar with statutes for their jurisdiction concerning search and seizure by private persons. All authorized searches and seizures must strictly comply with established procedures developed by the employer or property owner. However, any of the previously listed items that are in plain view may be seized because the seizure is not the result of a search. ![]() Any items found as the result of an illegal search cannot be seized and may not be accepted in judicial proceedings. If no consent exists, the protection officer has no right to conduct a search. Items that could help the subject escape detention Weapons that could be used to injure the officer, an innocent third party, or the subject 4. Property of the employer or property owner that the officer is required to protect and for which the subject has no obvious permission to possess 2.Įvidence of the commission of a crime (i.e., company property, burglar tools, controlled substances, etc.) 3. Management then has the opportunity to treat it as a disciplinary infraction if it is an employee, or has the right to refuse further entry if it is a contractor or visitor.ĭuring the course of a consented search, the protection officer has the right to seize items found, such as the following: 1. The protection officer should not force the issue and should simply report the matter. Even though an employee or visitor may imply that they will allow their vehicle or personal effects to be searched by entering the property, they have the right to change their mind while on the property and may refuse to comply with the search when leaving. These are usually in conjunction with a notice at the entrance indicating that these items may be subject to search. Many companies also have policies requiring people to submit their vehicles or personal effects to search on leaving the property. Where it is incidental to valid conditions (e.g., as a condition of boarding a commercial aircraft) Where it is incidental to a valid arrest (although some jurisdictions require probable grounds for the conduct of the personal search) 4. Where there is implied consent as a condition of employment 3. Where there is consent by the person being searched 2. ![]() The Private Security Advisory Council * advises that the following are instances where there may be legitimate grounds for a search: 1. This is especially true in cases where searches are conducted on employees or their personal effects, as the company will be required to show that they established procedures to protect the privacy of its employees. They may also look at whether the company considered all other reasonable investigative means before embarking on search procedures. Courts and arbitrators will try to strike a balance between the rights of the employer or visitor and the right to privacy of the individual. The company may also be required to show that the policy is applied consistently within the workforce or facility and that it does not target specific individuals or groups. When these policies are challenged by labor unions or through the courts, the company may be required to establish that the search was reasonable, that there was some evidence to believe an employment offense had taken place, and that the search would result in the discovery of further evidence. What are the rights of the protection officer to conduct searches and seize property at the work site? Many employers have policies that establish procedures for searches of vehicles, lockers, or personal effects in order to deter theft, misuse of company property, or the possession of illicit drugs or alcohol on site. Ray, in The Professional Protection Officer, 2010 Search and Seizure
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