Write a 23-page paper (excluding cover and reference page) that responds to the following:

Compare and contrast the legal concepts of “reasonable suspicion” and “probable cause.” How does each of these concepts apply to law enforcement officers?
In what situations is it not necessary for law enforcement to have a warrant to conduct a search and/or arrest a suspect? Name four or more exceptions to the warrant requirement and provide examples of how and when each exception would be utilized.
This Assignment will require outside research (at least two outside resources). In your paper, include a discussion on how you evaluated the credibility of the resources used.

You may consult the Library, the internet, the textbook and other course material, and any other outside resources in supporting your task, using proper citations in APA style.

How do you reconcile a free internet  with national security concerns  and censorship and surveillance  by governments?.

What is the threat of increased government surveillance on grounds of national security to the privacy, freedom of expression, and liberty of its citizens? Is foreign surveillance of terrorists necessary to maintain national security? why or why not?

References can also be made to the Snowden and Wikileaks cases.You can google “Edward Snowden” and “Wikileaks” for more information

You can engage in a discussion of the Snowden case and national security. You can also engage in a discussion of the Wikileaks case and national security. Is it important for US intelligence agencies to engage  in national security surveillance in order to prevent a digital 9/11 which could take down the electrical grid or the banking system of the US? Note that Russia has already bored into the computer systems of the US infrastructure, such as natural gas pipelines. Note that the US has let Moscow know that it has penetrated the Russian electrical grid computer system among other parts of Russia’s infrastructure.

How do you reconcile a free internet  with national security concerns  and censorship and surveillance  by governments?.

What is the threat of increased government surveillance on grounds of national security to the privacy, freedom of expression, and liberty of its citizens? Is foreign surveillance of terrorists necessary to maintain national security? why or why not?

References can also be made to the Snowden and Wikileaks cases.You can google “Edward Snowden” and “Wikileaks” for more information

You can engage in a discussion of the Snowden case and national security. You can also engage in a discussion of the Wikileaks case and national security. Is it important for US intelligence agencies to engage  in national security surveillance in order to prevent a digital 9/11 which could take down the electrical grid or the banking system of the US? Note that Russia has already bored into the computer systems of the US infrastructure, such as natural gas pipelines. Note that the US has let Moscow know that it has penetrated the Russian electrical grid computer system among other parts of Russia’s infrastructure.

Use minimum of 3 sources

EXERCISE  #1 – SECURITY OPERATIONS AND THE LAW

The Scope of Legal Authority of Private Security Personnel is a 1976 document written by the Private Security Advisory Council of the United States Department of Justice to identify for private security operatives the various sources of legal authority and the legal issues with which they will be confronted while performing their various duties protecting organizational assets. The Law of Arrest, Search, and Seizure: Applications in the Private Sector is sample text chapter published by Elsevier that presents a comprehensive discussion of legal requirements for private security arrests and searches.

After reviewing these documents any other independently researched source,

1.  Explain why the U.S. Courts continue to make distinctions between public law enforcement powers and private sector enforcement issues.

2.  Incorporate into your response why a practical knowledge of the law is important to the corporate security officer and the security director and

3.  What impact criminal and tort law has on a corporation.

REMEMBER: Be sure to cite your sources from both the Learning Materials and outside research.

Please post your initial Discussion response by Thursday.  Respond to the posts of two or more of your fellow students in a cogent and respectfully manner.

Reference:

Scope of Legal Authority of Private Security Personnel. (1976, September 27). Retrieved January 30, 2020 from, https://www.ncjrs.gov/pdffiles1/Digitization/146908NCJRS.pdf

EXERCISE  #2 – SECURITY SCENARIO LEGAL APPLICATIONS

GROUP A – Students whose last name begins with the letters A-M must post initial responses to this discussion question.  All others should read and comment as a part of their weekly engagement with their colleagues. 

Police Moonlighting Civil Case: Cervantez v. J.C. Penney Company, 156 Cal. Rptr. 198 1978

This civil case was filed against an off-duty police officer employed by J.C. Penney in a secondary job as a store detective who made a warrantless arrest of two misdemeanor offenders for theft. The case was eventually dismissed and the offenders were released. The moonlighting officer and J.C. Penney were sued for false arrest, assault and battery, negligence, and other intentional torts.

This case has a number of implications for security directors who employ police officers in their security program operations. After reading the case, respond to the following:

(1) Succinctly summarize the facts of the case regarding the arrest and any subsequent judicial action, if any.

(2) Describe the issues the court had to settle and the legal arguments the plaintiff and the defendant advanced to the court in support of their respective positions. 

(3) Explain the court’s ruling and its rationale.

(4) Identify the ways this type of organizational and personal liability can be avoided.

REMEMBER: Be sure to cite your sources from both the Learning Materials and outside research.

Please post your initial Discussion response by Thursday.  Respond to the posts of two or more of your fellow students in a cogent and respectfully manner.

Reference:

Cervantez v. J. C. Penney Co. (n.d.). Retrieved January 30, 2020, from https://law.justia.com/cases/california/supreme-court/3d/24/579.html

GROUP B – Students whose last name begins with the letters N-Z must post initial responses to this discussion question.  All others should read and comment as a part of their weekly engagement with their colleagues.

-Negligence Case: Welsh Manufacturing v. Pinkerton, Inc.

Negligence could very well be one of the most frequently filed charges in civil court. It is a failure to exercise a reasonable amount of care in a situation that causes harm to someone or something. As an example, someone might do something in a careless manner, which a prudent person would not do, such as drinking alcohol and driving. Or, as another example, failing to act (omission) as a prudent person would, which results in harm to someone or something, such as a failure to pay obligations. In a security setting, negligence might be charged in a situation where an organization failed to provide a reasonable standard of care and someone or something was harmed. The reasonable standard of care may have involved the lack of adequate physical or procedural controls as discussed previously in this class, an emergency contingency plan that was not properly vetted, or perhaps the failure to exercise due care when hiring, training, supervising, and retaining security personnel.

This civil case involved a company that contracted security services to protect its assets. The contract was breached when it was determined the security company failed to properly scrutinize a security officer applicants background, or train or supervise the employee once hired. The plaintiff filed a tort complaint against the security company when it was discovered that this individual was involved in the theft of almost $200,000 in gold.

This case has a number of implications for security management officials regarding legal liability, using numerous resources to hire well, training the security staff, and providing the appropriate level of supervision required to ensure the protection of company assets.  This case will be used as a basis for discussion of a number of issues over the next few weeks. For now, read the case and respond to the following questions:

(1) Succinctly summarize the facts of the case regarding the arrest and any subsequent judicial action.

(2) Describe the issues did the court had to settle.

(3) Explain the court’s ruling in each of those areas and its rationale.

(4) Describe the actual legal elements required to establish before a court to prove negligence.

REMEMBER: Be sure to cite your sources from both the Learning Materials and outside research.

Please post your initial Discussion response by Thursday.  Respond to the posts of two or more of your fellow students in a cogent and respectfully manner.

Reference:

Welsh Mfg., Div. of Textron, Inc. v. Pinkerton’s, Inc. (n.d.). Retrieved February 26, 2019, from https://law.justia.com/cases/rhode-island/supreme-court/1984/474-a-2d-436.html

Instructions
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.

Due Sunday March 29, 2020 by 11:59 PM Eastern Time.

Project 2: Legal Challenges Confronting Private Security Operations: Administrative Searches

Scenario:

You accept a position as the Corporate Security Director for ACME Electronics, a company that manufactures different devices for a variety of well-known brands, including 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.

During the first week of your new employment, you learn that significant device and component inventory shortages have occurred over the past year resulting in substantial company losses.  You suspect widespread internal employee theft and have begun considering the various physical, procedural, virtual, and other security control options available to address the theft issue.  One of the security controls you contemplate employing is an administrative search procedure, which is often referred to as a package control program.  From your discussions with colleagues in the security profession, you know that some employers have instituted administrative, non-coercive, care taking search programs that have very effectively mitigated internal theft losses.  You believe that such a program would achieve similar results for ACME Electronics if properly implemented at the ACME facility.

You meet with corporate attorneys to discuss the feasibility of initiating an ACME Electronics administrative search program because you know these programs are controversial and sometimes result in significant legal issues with considerable potential for civil lawsuits filed against the company and its security operatives.  After a brief introductory discussion with the attorneys, the corporations Chief Counsel provides you with a case study dealing with the implementation of a new package control system at Bellevue Hospital Center in New York City and asks that you become completely familiar with the legal issues presented in the court case; the legal positions the plaintiff and the defendant advanced to the court; and the courts ruling and rationale, including the important features of the search procedure instituted by the hospital.  The Chief Counsel also asks that before any further corporate group discussions take place regarding the implementation of an administrative search program at ACME Electronics, you evaluate how this court decision might impact your facilitys security operations and how the results of this court decision would be used in any administrative search policy proposals you make to the corporate executives. 

. 

Writing Assignment:  After reading and evaluating Judge Edward Weinfelds opinion in Chenkin v. BELLEVUE HOSP. CTR., NYC, ETC., 479 F. Supp. 207 (S.D.N.Y. 1979), linked below, consider the case in its entirety, particularly the courts opinion, and respond to the following:

(1) Write a strong introduction, first stating the purpose of the paper, then providing a succinct recitation of the significant 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 Chenkins claim that the hospitals package control system was unconstitutional.

(4) Provide details of the courts ruling and rationale and describe the important features of the Bellevue search procedure cited by the court in rejecting Chenkins claims.     

Based on your understanding of the Chenkin v. Bellevue Hospital court case, in addition to the independent research you complete using at least two additional sources, respond to the following in preparation for your follow-up discussions with the Chief Counsel about the implementation of an administrative search program at the ACME Electronics facility:

(5) As a practical matter, evaluate how this court decision might impact security operations.  Be specific and comprehensive.   

(6) Explain how the results of this case would be used in any policy proposals you make to the corporate        executives.

Court Case Link:

http://www.leagle.com/decision/1979686479FSupp207_1658/CHENKIN%20v.%20BELLEVUE%20HOSP.%20CTR.,%20N.%20Y.%20C.,%20ETC.#

Note: Other source material relating to different types of workplace searches can be located in the online classroom.  Go to: CONTENT>COURSE RESOURCES>LINKS TO PROJECT 2 RESOURCES.

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 UMGC website as a reference for APA style requirements:

http://www.umuc.edu/library/libhow/gethelp-citing.cfm

Paper should be a minimum of 1,000 (minimum) to 1,500 (maximum) words

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

UMGC Effective Writing Center: You are highly encouraged to use the services of the UMGC Effective Writing Center (EWC) for this project. http://www.umgc.edu/current-students/learning-resources/writing-center/index.cfm

In this particular unit we will discuss the Common Law Theory of Negligence. Please research this theory and state below how this applies to private security and how it will impact physical security design and practice.  Injecting your opinions is encouraged specifically in if you agree with these responsibilities being placed upon an organization merely by being there and open to their employees, and perhaps customers/public. This discussion is more involved than most. That said, your answers should be substantive (200-300 words) as well as contain an outside relevant source/references. Also, this lends well to debate, so this is expected as well.  Have fun exploring your opinions and debating each other in a respectful manner.

To help get you started, read the excerpt below:

Markesinis and Deakin’s Tort Law

Common law jurisdictions may differ slightly in the exact classification of the elements of negligence, but the elements that must be established in every negligence case are: duty, breach, causation, and damages. Negligence can be conceived of as having just three elements – conduct, causation and damages. More often, it is said to have four (duty, breach, causation and pecuniary damages) or five (duty, breach, actual cause, proximate cause, and damages). Each would be correct; depending on how much specificity someone is seeking. The broad agreement on the conceptual model, writes Professor Robertson of the University of Texas at Austin, “entails recognition that the five elements are best defined with care and kept separate. But in practice”, he goes on to warn, “Several varieties of confusion or conceptual mistakes have sometimes occurred.

Legal Opinion

The State of Guyland situated in the Caribbean with a Constitution identical with that of the Co-operative Republic of Guyana was for many years gripped in debilitating political and legal controversies. The government of which Mr. Chim was President was in the third of its third five years term. The Leader of the Opposition informed the Government and the People of Guyland that the combined Opposition planned to move for a vote of no confidence in the Government at its meeting scheduled to be held on 24th December, 2019.
Immediately after convening the Meeting for its sitting on the 24th December, 2019, the Speaker of the Parliament of Guyland notified the Assembly that:
1.    He was advised by the President, Mr. Chim, immediately before the start of the Meeting, that he, President Chim, had prorogued Parliament by a proclamation issued and appearing in gazette, dated 23rd December, 2019, a copy of which was sent to his office in the morning of 24th December, 2019; and
2.    The Proclamation provided for the reconvening of Parliament on 24 June, 2020.
Application
The Leader of the Opposition moved to the High Court seeking declarations to the effect that-
(1)    the Proclamation is unconstitutional and void; and
(2)    President Chims continued occupancy of the office for the third term is unconstitutional.

Senior Counsel asked for your opinion on the Application to the High Court by the Leader of the Opposition. Write a legal opinion.

No more than 2000 words in length.

Relevant cases must be properly cited,
No plagiarism
good quality work of a high standard
All references must be cited
No more than 2,000 words!!!!

about what is Bankruptcy?

Your report should include the following:

1-        Scope of application

2-      What are the different types of bankruptcy cases

3-      Requirements for registration of bankruptcy case

4-      Whom authorized to open a bankruptcy proceeding before the court

5-      The content of the statement of claim

6-      What are the provisional measures prior to approving the opening of bankruptcy proceeding

7-      The matters required or not required for the court approval

8-      Is there need for prior notice and what are the measures for such procedures

9-      The procedure for Bankruptcy Trustee appointment, duties and powers

– During anytime of national or worldwide duress, there are always fraudsters making bad situations worse.  The COVID 19 Crises is no exception.  Please research and describe some of the scams and frauds being perpetrated during this crises.
– Cite references and show me that you understand the fraud that is being committed.
– Add Opinion/Point of view

1. Each of you should identify and discuss an aspect of the readings in chapters 3 and 4 on Policy Development and Implementation. Discuss how it influences policy, extend your discussions to your own experiences with policy changes in your work setting, community, state, or national health policies. How have they worked – or not – and what you think was the reason for success or failure. What policy theory do you believe was used to change, make, or modify the policy?
2.  Due to the recent Congressional battle to gain control of the Supreme Court, we need to discuss the three traditional core roles and functions of the judiciary in the United States.  Please explain why you think the makeup of the Supreme Court guides a politicians vote in the confirmation of the Supreme Court nominee of the United States.  (Refer back to Longest, chapter 4, and Appendix 11 to help you form your informed discussion).