Kiss those Miranda rights
good-bye
By
Beverly Gage - - - - - - - - - -
September 24,
1998 | The private guards who patrol San Francisco's public
housing projects were supposed to help the police. Hired last year
under a $1 million contract, armed guards from the security firm
Personal Protective Services were charged with maintaining order,
preventing trespassers and serving as the eyes and ears of the
police in several of the city's most dangerous housing projects.
According to the Housing Authority, the guards have fulfilled their
mission well, with certain crimes dropping by as much as 60 percent
in some communities.The Authority has renewed the firm's contracts
through 2000.
But less than a year into the contract, the
police have emerged as PPS's most vocal critics, accusing the firm
of hiring convicted criminals, using excessive force against
residents and supplying uniforms too similar to the cops'
traditional blue. "These guys are using tactics I wouldn't allow my
people to use," San Francisco Police Capt. George Stasko told the
San Francisco Chronicle in July. "They are out there doing what they
shouldn't be doing." PPS counters the criticism by pointing to the
reductions in crime, suggesting that perhaps the police are
primarily concerned with protecting their turf -- and their
paychecks. "I know that there is a flavor of that involved in the
whole thing," comments PPS Vice President Larry Treat.
Residents are divided. While some applaud the
private security force's vigilance, others criticize it for
excessive force and potential violations. of civil rights. PPS,
originally touted as the solution to the projects' crime problem, is
now the target of a federal civil rights probe, a criminal
investigation, a licensing review by the state's security oversight
bureau and several civil lawsuits seeking damages for beatings,
threats and other alleged brutal tactics. While PPS has publicly
denied most of the charges, the sheer depth of the firm's legal
quagmire indicates that bringing private security into the public
sector, in this case at least, may be causing more problems than it
solves.
While most cities still rely on public police for
public housing security, San Francisco's experiment -- and
subsequent struggles -- can tell us much about the future of
policing in the United States. As privatization sweeps law
enforcement, with security guards assuming many of the duties once
considered the exclusive property of the police, the line between
public and private police is growing increasingly thin -- and the
tensions between them are rising. While security guards still
ornament the entrances to supermarkets and office buildings, they
have also begun to patrol train stations, airports, government
buildings, jails and prisons, even entire communities.
The swift growth of semi-private "business
improvement districts" in this decade has helped to place thousands
of security guards into public spaces and onto the downtown streets
of most major cities. While few security guards possess arrest
powers, some now have the right to make trespass arrests, issue
traffic citations or access confidential information. Last spring,
for instance, the federal government shut down its Office of
Personnel Management, which conducted background checks on federal
employees, and transformed the organization into a private company.
The new firm, U.S. Investigations Services Inc., performs the same
duties as its predecessor and receives the same access to criminal
and government files.
Already, according to conservative estimates,
private security employees in the United States outnumber public
police by a margin of 3-1, and the federal government is one of the
industry's largest employers. In 1996, Americans spent upwards of
$90 billion on private security -- compared to $40 billion for
local, state and federal law enforcement combined. With the security
industry -- like many other law-and-order businesses -- expected to
grow at a clip of 10 percent a year for at least the next decade,
the scope and character of law enforcement will be increasingly
determined not by public decisionmakers but by the corporations and
private citizens who run, staff and hire private security firms.
Bill Cunningham, author of the Hallcrest Report,
a 1990 survey of the security industry, sees the trend as virtually
unstoppable. "Upwards of 80 percent [of police work] is non-crime,
non-emergency," he explained in an interview. "You'd be amazed.
There's virtually nothing that the security field can't do if the
ground rules and the specifications are laid out."
The problem is that the ground rules are far from
clear. While private security has penetrated the public realm, the
opposite has yet to happen. For all of its astounding growth and
billions in cash flow, the security industry remains virtually
unregulated. Private security officers are subject to none of the
constraints, like Miranda warnings and Fourth Amendment search and
seizure proscriptions, that are designed to protect individual civil
rights in the public sphere. Some security advocates view this as an
advantage, arguing that security guards can detain and question
suspicious-looking characters more effectively than can the public
police.
"Private security is not held by the penal code,
thus we don't need to follow police guidelines," Stanley Teets
explained in an interview last January. Teets owns the currently
beleaguered PPS, under fire for its activities in the San Francisco
housing projects. "We can approach you and ask you why you're there.
We can detain you in order to determine if you have a reason to be
there. Police cannot do that."
Civil rights advocates point out that this
supposed "advantage" contains enormous potential for abuse. "What
they claim is their virtue is also the dilemma for communities that
are the subjects of that kind of behavior," says Gen Fugioka, a
staff attorney at the Asian Law Caucus in San Francisco, which has
worked with alleged victims of PPS's zealousness. "We're really
talking about essentially an unregulated industry with people
carrying sidearms and nightsticks enforcing their version of
justice. It's obviously a problem."
Fugioka says that he has heard complaints from
residents ranging from beatings to lengthy, unnecessary detainments.
But even these residents, he adds, have mixed feelings about PPS.
"They feel torn by the dilemma. They want safety, they want
security. But the cost they're having to pay is having to sacrifice
some of their rights."
Perhaps the most immediate concern of security
industry critics is the lack of screening and training of would-be
guards, especially the 5 to 10 percent who carry guns. Yulonda
Sullivan learned about this problem firsthand, when a uniformed
security guard patrolling a Seattle pier shot and killed her husband
last year. At first, Sullivan thought that the man, who wore a badge
and carried a gun, was a police officer. He turned out to be a
$7-an-hour security guard carrying a 9mm handgun on his first day on
the job. He had no security license and had received no training
from his employer, Risk Management.
While fatal cases like Sullivan's husband are
relatively rare in the industry, lapses in screening and training
remain one of the most intractable problems of private security.
"Allegations of poor personnel selection practices, little or no
training, inadequate supervision, excessive turnover, abuses of
authority, and increasing false alarms have surrounded the field of
private security for at least two decades," Cunningham wrote in the
Hallcrest Report. "Despite the expressed and obvious need, standards
or controls for this industry have been slow to develop."
In San Francisco, a police investigation
uncovered three PPS guards with past criminal convictions on
firearms and misdemeanor battery charges. After the police tried to
disarm the guards, the California Bureau of Security and
Investigative Services ruled that the guards could continue to carry
their weapons since they had completed a required training course,
according to the Chronicle. The Bureau is currently conducting a
licensing review of PPS as a whole, based on "complaints filed by
the police department," says Bureau spokesman Jay Van Rein.
Police often cite the lack of standards and
training in the security industry as an argument against privatizing
even low-level police work. Security guards may be cheaper, they
point out, but you get what you pay for. Many security advocates
respond that police criticism is often motivated by pure competitive
greed, as security guards begin to encroach on police paychecks as
well as police duties. Ron Sonenshine, a spokesman for the San
Francisco Housing Authority, suspects that much of the criticism of
PPS comes as a direct result of just such a turf war. "I think in
the long haul the outcome [of hiring PPS] is probably less expensive
for the city because you don't pay police overtime, you don't pay
police salaries, you don't have to deal with police unions -- and
that's probably why some members of the police department are
upset." The San Francisco Police Department did not return calls
seeking comment.
In other cities, the source of contention between
police and private security lies in the private rather than the
public sector. Off-duty security gigs can be one of the most
lucrative perks of an officer's badge and, in some cases, police are
tempted to use their public power to intimidate private firms.
Former New York Police Commissioner William Bratton sees an even
more insidious problem in the competition between police and private
security guards. "Some cops [see] their primary job as their
secondary job," says Bratton, who now heads the private security
company CARCO. "The idea [is] that after my tour of duty, I'm going
to be going on to my private employment, so I don't want to make an
arrest in the last couple of hours. So many cops, their real job is
the paid detail. The policing? That's their pension job."
Despite the resistance of some police to the
encroachment of private security, the transfer of police work to
private security firms will continue to expand whether the police
like it or not, according to analyst Cunningham. "There's been a
recognition in the past 10 or 15 years by police executives that the
security world is here and it's here to stay and it's growing. You
can either get on the train and ride it, or you can stand in front
of it and get rolled over."
PPS owner Teets couldn't agree more. "Do I think
[policing is] going to go to the private sector more and more?" he
said last January. "Yes. Do I think the government is going to
supply the money for that? Yes. Do I think that's going to happen
soon? Yes, I do." salon.com -
- - - - - - - - - - -
About the writer
Beverly Gage is a freelance writer who lives in New
York.
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