The Legal Basis for the Authority of Private Police and an Examination of Their Relationship with the "public" Police

WHILE MOST OF US PRESUME TO KNOW SOMETHING ABOUT THE EXISTENCE and role of modern private security personnel or "private" police, it is important that we ask some more fundamental questions about the legal basis of their authority. On many occasions each day, shoppers, travellers, students, tenants and workers are confronted by these "private" individuals, and requests may be made for searches and questioning. These interactions may occur on private property or in more "public" areas. From time to time individuals refuse to comply, and the question arises: what authority do security agents have? In what circumstances can force accompany non-compliance with a request? In what circumstances can an arrest occur? Accurate legal answers to each of these questions are elusive. The implications for civil liberties are significant. This paper is designed to explore some of these issues. It is clear, from a cursory glance, that the position in 1977, as reported by Canadian researchers, is not much different today: