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Negligent Security

Nightclub Bouncers. Does the job title change the function?

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713-899-2402

Bar owners do themselves a disservice when the job title of the bouncer’s security “function” is a variation of a theme.  I’ve seen them called hosts, floormen, crowd control, greeters, and the list goes on.  Regardless of their title…let’s call them grapes…the function is the same in whole or in part.  They are the security staff.  They intervene in altercations, they escort people out of a bar, they get into physical fights with patrons, and they control the door.  This is the area where attorneys probe the deepest.

“What is the job description of the grapes?”

“What training is provided to the grapes?”  “Who is the head grape trainer?”

“Are grapes provided policy and procedures regarding the use of force?”

It is absolutely inescapable.

Call them by what ever job title that fits the business.  Within that, however, a company must ensure that there are processes in place regarding hiring practices, training, policies, and a chain of command.  All of this is best in written form.

We have extensive litigation experience with nightclubs, bars, and large venues.  Please visit our Nightclub Security Guide.

This may save bar owners and managers allegation of negligence in the future.

Armed School Teachers: Do You Have The Right People?

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Armed School Teachers

Is it a disaster waiting to happen or a Godsend?  It depends.  Here are my recommendations for this type of armed response in schools:

  1.  Before there is a decision as to the path to take, make certain legal counsel is on board day one.
  2. What standards are going to be used to develop the hiring, training, and supervision as well as policy and procedures?  There are no industry standards for this approach.  The “standard” will be whatever the school district adopts unless standards are established through the government.  That means your school district and its employees fully own the program.  Liability for friendly fire, inadequate response, over response, failure to properly deploy, failure to adequately vet, train, and supervise need to be fully understood.  A school teacher with a gun does not get a free pass if they shoot a student.
  3. Should all volunteers just be allowed to participate?  This is a standard that needs establishment.  Are the volunteers mentally and emotionally able to take another person’s life?  Are they able to disregard their personal safety (as a trained teacher)?  Can they focus?  These questions will need to be assessed by professionals.  Law Enforcement mentality is needed.
  4. What will be the standard firearms(s).  Will there be matching firepower against an AR 15 or AK 47?  Which handgun will they need to qualify with.  Yes, they will have to qualify and re-certify.
  5. So you have them selected, vetted, and range-qualified.  Now what? Drills of course.  How much time and money is the school district willing to spend to constantly train BOTH the school and the teacher?  This is clearly not a one and done.  Are they working on force suppression or counter attack?  How do they communicate internally and with law enforcement?  Who’s in charge?
  6. Is the team “on duty” from the time the first student arrives until the lights go out?  What about sporting events, plays, concerts?
  7. How does the security team identify themselves during the chaos?  Do they wear a red armband or are they wearing ballistic vests with SECURITY emblazoned across them?  If they are the quick reaction team, should they then be wearing their gear all the time?
  8. Is every school administrator on board…under penalty of termination if not.  Where is the stick for the carrot?  What information will your PTO want? How will the media be handled>
  9. Who has oversight? Who is going to be accountable (not responsible) for ensuring the plans meet the standards?

This is far more complex than the issues I have raised.  Sure there are schools in the country that have armed teachers.  Are they the good ol’ boys who are huntin’ buddies or are they a cohesive team?  Just wearing a gun will never be enough.

The last consideration I want to mention is that most schools have open campuses. Doors aren’t locked or they are propped open to facilitate kids and teachers moving around campus.  The buildings are porous, the office can’t see those who enter,  and the perimeter is nothing more than a sidewalk.  Should there be capital spent on an integrated security camera system and card access system?  There must be a deterrent level, a detection level, and a denial level.  Once the bad guy is in the building the role is to save remaining lives.  How many will be killed before an effective response?  The security planning aspect must fully compliment the desired end results.  That will require hundreds of thousands of dollars.

Time and money.  That’s all this requires…right?  No. This requires so much planning and preparation that there is one thing that must be top of mind:  Once you start this, you can never discontinue it.

I’ve been in the security and law enforcement arena since 1975.  I have designed active shooter programs from the planning and analysis side.  I have an encyclopedia of knowledge related to security liability.  Even the thought of undertaking this approach is mind-numbing as the requirements and commitment is greater than anything a school will do.  This is clearly not for a dusty 3 ringed binder.

The above is not intended to provide legal advice.  It is intended to broaden the understanding and complexity of  the planning considerations. There are no standards.  Consult with both civilian and law enforcement advisors and don’t leave out the attorneys.

Crime Analysis and Custom Mapping: Pinpointing Crime

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We are experts in creating crime analysis data and maps for use in litigation or for security assessments.  We take the FBI’s Uniform Crime Report (UCR) data developed by local law enforcement and turn a glut of data into clear and understandable demonstratives.

If you are an attorney or expert who wants data from the Houston Police Department or Dallas Police Department:  We already have it.  We maintain a database of ever-growing UCR crime down to the address level and it’s updated every six months.  What this means is that we can assist attorneys “pre-qualify” certain cases by providing data for the property itself and crime data for your required radius.  We can also provide analysis for security experts and security consultants.

All law enforcement jurisdictions maintain crime data but our experience has not been 100% in obtaining police department records.  If we can get the data, we can build the exhibits.

Here’s how we help you:

We take the FBI Uniform Crime Report (UCR) Data and create Crime Analysis Demonstratives

We Started with 5000 records for a 1 year period and sorted them by date.

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From the thousands of records, the data set was reduced to all crimes within the specified area (UCR Code).

Only violent crimes were needed for this analysis.  Using the UCR Codes, the data was further refined

The crime statistics can be sorted for further research, submitting FOIA requests, or an exhibit.   The best exhibit for the jury to see is a customized map. Crime icons are available.

This is a one mile radius of 734 violent crimes from the original 5000 records.  Note:  When there are internal boundaries (City vs County etc) a FOIA request to that agency is needed to obtain those crimes.

All data can be segmented into day/date/time if needed.  

Fees:

  • Single address, no radius, 3 years:  no charge
  • Single address, 1 mile radius, 3 years:  $300.00.  Reports are segmented into quarter mile increments.
  • Call for special requests such as apartment properties or convenience stores only. 

Contact us today for more details or call us 713-899-2402

Residential and Home Security Expert

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J. Patrick Murphy provides forensic security expert witness services to plaintiff and defense counsel for litigation involving apartment security expert, security guard security expert, premises security expert, negligent security expert, retail shoplifting security expert witness, bar and nightclub security expert witness.

No need to be a security expert today.  Home owners have resources at their fingertips to protect their home and loved ones.  Wading through the techno-speak of supposed “home security experts” such as alarm and camera companies, can be daunting.   When a homeowner makes the leap, for whatever reason, to upgrade their home security, there are many considerations that go into that final buying decision.

For instance, does a homeowner need both an alarm system and a camera system to truly be safe.  Unfortunately there are no guarantees that any piece of physical security hardware will prevent or deter bad things from happening.  On the flip side, does a homeowner need an 8 camera system with cloud storage plus a burglar alarm system with redundant detection?  Answer:  It depends.  These decisions are based on budget, need, size of home and grounds, and threats to the family’s safety.

Security expert and consultant Pat Murphy can assist any homeowner with decisions about security.  LPT Security Consulting will perform a site assessment of any home to determine any strengths and vulnerabilities that may be present.  From that starting point, a customer would be able to understand their options and not be oversold by a company wanting to sell expensive equipment.

Call Pat Murphy, 713-899-2402.  [email protected]

PC Magazine carried the article below that can also help you make those important decisions.

The Best Smart Home Security Systems of 2017

A Smarter Way to Stay Safe

The Internet of Things has made it easier than ever to set up a smart home in which you can remotely control your door locks, lawnmowers,lights, thermostats, vacuums, and even pet feeders, using your smartphone and an app. It’s also made it very easy (and relatively affordable) to monitor your home from just about anywhere with a smart security system. Smart security systems are highly customizable and are available as do-it-yourself kits or as full-blown setups that include professional installation and monitoring.

Depending on your needs you can go with a system that you monitor yourself, or pay a subscription fee to have your home monitored 24/7 by professionals who will contact your local fire and police departments when alarms are triggered. Of course, the more coverage you have the more you can expect to pay. Here’s what to look for when deciding how to outfit your home, along with the top systems we’ve tested.

Components

A smart home security system connects to your home Wi-Fi network so you can monitor and control your security devices using your smartphone and an app. Entry-level systems typically include a couple of door and window sensors, a motion detector, and a hub that communicates with these devices using one or more wireless protocols such as Wi-Fi, Z-Wave, ZigBee, or a proprietary mesh network. You can add extra door, motion, and window sensors to provide coverage for your entire house and build a comprehensive system that includes door locks, garage door openers, indoor and outdoor surveillance cameras, lights, sirens, smoke/CO detectors, water sensors, and more.

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CV of J. Patrick Murphy

713-899-2402

Mr. Pat Murphy is a negligent security subject matter expert who provides nationwide forensic security expert witness services in the areas of premises liability and negligent security. Areas of expertise involve the reasonable standard of care in Risk Assessment, Security Management, Nightclub Security, Security Guards, Apartment Security and Retail Loss Prevention.

PDF VERSION

Mr. Murphy has experience in Security Management, Law Enforcement, and Loss Prevention since 1975. His career for over four decades qualifies him as a risk management and premises security liability expert witness in Federal and State Courts and provides critical knowledge and expertise in:
  • Risk and Security Management Practices
  • Foreseeability and standard of care;
  • Crime analysis and prevention;
  • (Crime Mapping for Demonstratives)
  • Physical security assessment, planning, and implementation;
  • Security and loss-prevention management and training;
  • Development of Fortune 50 corporate strategic initiatives and policies and procedures to protect assets, human capital, and reduce losses; and
  • Security management across a broad spectrum of areas within varied business sectors.

Experience: 1975 to Present

President, LPT Security Consulting, 2001 to present. Litigation services and security consulting practice specializing in two primary areas:

  1. Litigation Services. Mr. Murphy provides services as a testifying security expert witness for plaintiff or defense in the areas of foreseeability, premises liability, negligent security, crime analysis and security standards of care.  Subject matter expert in nightclubs, concert venues, security guard negligence, apartment security and many more.  Experience in over 500 cases.
  2. Security Consulting. Mr. Murphy provides services to businesses, corporations, schools, and individuals to provide security vulnerability assessments, crime prevention strategies, training, and physical security planning.

Director of Loss Prevention Operations, Eckerd Corporation, 1999–2001
The Eckerd Corporation was the fourth largest retail drugstore chain in the nation, with sales in excess of $16B. They had 3,000 stores and 10 distribution centers with over 78,000 employees. (Eckerd was sold to the CVS pharmacy chain in 2003.)

Mr. Murphy managed the southern half of the company’s operations through five regional loss prevention managers. He was responsible for creating and implementing strategic loss prevention and security initiatives for theft, shrinkage reduction, training, physical security hardware, state and federal controlled-drug compliance, and investigations. He also conducted high-level internal investigations as well as crime analysis to identify and respond to any emerging trends or patterns.

He developed the company’s training programs for loss prevention/security management and store operations. He also coordinated and conducted physical security surveys and audits of all facilities in his area of operations.

Regional Loss Prevention Manager, Eckerd Corporation, 1989-1999
Mr. Murphy was responsible for creating and implementing strategic loss prevention and security initiatives for theft, workplace violence, training, physical security hardware, and controlled-drug compliance and investigation. This included security management of a 500,000-square-foot warehouse.

Area Loss Prevention Manager, Sears (Houston, TX), 1979–1989
Mr. Murphy managed security and loss prevention.

Patrol Officer, Dallas Police Department (Dallas, TX), 1976–1979
Mr. Murphy was assigned to the Southeast Patrol Division.

Security Guard Supervisor, Southern Research Company (Shreveport, LA) 1975–1976
In addition to supervising guards at Louisiana Downs Racetrack, Mr. Murphy was also assigned as an undercover operative to the Investigations Division for theft and narcotics investigation.

CERTIFICATIONS

Certified Protection Professional (CPP) 1984-1996. Board certified by ASIS (American Society for Industrial Security now ASIS International) after examination.

EDUCATION

  • B.A. Spanish and Sociology (criminology emphasis), Louisiana Tech University, Ruston, LA, 1975
  • Post graduate (3 hours), Sam Houston State University, 1978
  • Certificate from The Management Program, Rice University, Jesse H. Jones School of Business Management, Houston, TX 1994

BOOK
Mr. Murphy was a contributing author to the 2008 book “Retail Crime, Security, and Loss Prevention” by Charles Sennewald and John Christman regarding drug diversion investigations and retail drugstore loss prevention.

AUTHORED ARTICLES

PUBLISHED ARTICLES AND INTERVIEWS FOR MEDIA

  • “Club Owners, Security Experts Say It’s Hard to Protect Against Attacks,” Time, 6/2016
  • “How Amazon Shames Warehouse Workers for Alleged Theft,” Bloomberg Business, 3/2016
  • “Sneaky Thief Uses Fake Bar Codes to Steal Pricey Products”, KHOU ABC Channel 11 (Houston, TX), 12/2013
  • “Mall Security After Nairobi,” Live interview on KTRK, ABC Channel 13 , 10/2013
  • “Our children at risk: Security cameras at (HISD) public schools broken for months,” Interview on KHOU Channel 11 (Houston, TX), 2/2013
  • “Theft from layaway at local retailer,” . Interview on KPRC, NBC Channel 2, Houston, TX. 12/2011
  • “Organized Retail Crime”. Interview. KPRC, NBC Channel 2 (Houston, TX), 12/2011
  • “Experts Weigh in on Criminal Flash Mobs,” Society for Human Resource Managers, 8/2011
  • “Safe Haven,” Geoff Williams, American Express Inside Eagle, 4/2011
  • “Internal Theft Trends and Security Systems,” Vicky Uhland, Natural Foods Merchandiser, 8/2010
  • “Employee Theft at Distribution Centers,” Heather Landi, Beverage World Magazine, 8/2010
  • “RX for Secure Warehouses,” Journal of Commerce, 3/2010
  • “State Capitol Shooting,” Interview on KTRH AM 740 (Houston, TX), 1/2010
  • “Choosing a Safe for Your Restaurant,” Pizza Magazine, 1/2010
  • “Operation Loss Prevention,” Warehousing Education and Research Council, 10/2009
  • “Johnson: Policy is aggravating, but it’s for the best,” Bill Johnson, Denver Post, 8/2009
  • “10 Steps to Reduce Loitering at Tax Credit Housing,” Susan Hash, 8/2009
  • “Stopping Losses from Shrinkage,” Pet Business Magazine, 7/2009
  • “Use of Force within the Retail Industry Loss Prevention,” LP Community.org, 8/2008

SPEAKING ENGAGEMENTS

  • MHA Business Summit (pharmacy convention), Las Vegas, NV, 4/2017
  • Do It Right (national hardware store retailer), Des Moines, IL
  • Board of Directors, Houston Retail Merchants Association
  • Membership Committee, Forensic Expert Witness Association, Houston, TX

PROFESSIONAL DEVELOPMENT

  • Chairman, Membership Committee, Forensic Expert Witness Association – Houston, TX 2009-2010
  • Member, American Society for Industrial Security (ASIS)
  • ASIS Retail Loss Prevention Council
  • Texas School Safety and Security Training

NOTABLE ACHIEVEMENTS

  • First Degree Black Belt, Tae Kwan Do, 6/2009

California man sues mall after security guard pulls gun on him for running over traffic cone

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Security guard negligence is a serious issue that can result in injury or death. 

I am a security guard expert witness who is routinely retained in such matters.  (See my CV)  These claims also may lead to claims of negligent hiring, training and supervision.  The individual in this incident allegedly was not licensed as a security guard nor was he authorized to carry a weapon.

New York Daily News. A California man is suing his local mall after security guard was captured on video pointing a gun at him for running over a traffic cone.

Nicholas Buchanan said he was in a line to drive out of Westfield Valley Fair Mall in San Jose in December, when he drove around a car that was backing up and hit the cone.

The 27-year-old filed a lawsuit last week against Westfield saying that guard Francis Lancaster-Abraham Fielding chased after him and yelled at him to get out of his car.

Buchanan, who works at Apple as an engineer, stayed put and recorded the incident on his phone as Fielding pulled out a handgun and had his finger on the trigger as he pointed it at the driver.

Disgruntled employee fired shots into multiple vehicles. Workplace violence.

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As a security expert witness, I am retained in cases of workplace violence, active shooters, and policy and procedures.  A temporary employee can bring issues to your workplace that were not developed or disclosed by the temp agency.

August 26, 2016

Police say a disgruntled employee fired shots into multiple vehicles just before 10 a.m. in a parking lot at the plant on Passmore Lane near the Highway 45 Bypass.

Troopers with the Tennessee Highway Patrol later intercepted the alleged gunman near Old Humboldt Road and Ashport Road.

A WBBJ 7 Eyewitness News reporter on scene saw officers take a man into custody who appeared to be naked.

Passmore Lane is closed to traffic and will be for several hours while officers process the crime scene, according to police.

Stanley Black & Decker released the following statement in response to the shooting.

“This morning a temporary employee committed an act of workplace violence in the parking lot of our Jackson Facility. We are thankful that no one was hurt and grateful to the local law enforcement for their extremely rapid response and apprehension of the suspect.”

WBBJ News

Bouncer Killed in Nightclub Shooting

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Derek Pernell Melton recently picked up a job as a bouncer at a troubled Savannah nightclub to make ends meet for his family.

Early Saturday morning, Melton, 39, a husband and father of six children, was fatally shot while trying to stop a drunken, gun-wielding patron from firing his weapon outside Club Exclusive at the corner of Bull and 41st streets.

Link to rest of story

Bouncers and nightclub security guards are frequently involved in altercations and violence with customers.  Clubs should create reasonable policy and procedure for these foreseeable events.  Training should coincide with the club’s policies.  The use of force should be used only to protect themselves.  In occasions where a patron is to be ejected, if physical redirection to the door is not effective, the police should be called.

Cameras Hidden in Fitting Rooms and Restrooms

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We are in an era where video cameras are in a wild assortment of shapes and sizes.  The “spy camera” industry has just exploded in the past 5 years and the proliferation of adult web sites that cater to hidden camera video has been more than exponential.  With that said, the natural question is why aren’t there more news stories on this?  Many are planted.  Few are caught.

Today, you can buy a color camera with good resolution for about $75.00.  These are just not cameras.  They also have a built-in battery and an SD card.  Going further, the chip is programmable in a number of ways with the most frequent setting being motion-recording only.  Motion-only recording triggers the camera to record when it detects motion and stop once the motion stops for a period of time.  By doing that, a complete unit is no bigger than your thumb and can record hours of video.

Another threat is just the common cell phone.  In unisex fitting rooms, the dividing wall does not always go to the floor and to the ceiling.  There is no standard design for fitting rooms so we all have different experiences.  A male who is in the stall next to a female can easily peer over or under the wall to record.  With the new selfie-sticks, the range of reach could potentially overcome even high walls.

As a security expert witness, I have been involved in several hidden camera cases in both restrooms and fitting rooms.  The cases involve all types of cameras, including ones that are wi-fi supported.  Negligent security cases are often filed in these circumstances especially when a plaintiff learns their images have been uploaded to the internet.  The Erin Andrews case is an excellent example of the use of a cell phone to secretly record someone.

Be very aware of your surroundings but also understand that these cameras can be disguised as almost anything from a smoke detector to a working electrical outlet.

Dallas -Ft Worth Leads Nation in Cargo Thefts

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A recent news story gives insight, as well as great video, into the little known crime of cargo theft. (www.nbcdfw.com/investigations/DFW-Leads-Nation-In-Cargo-Theft.html)

Cargo theft in the north Texas regions is fueled by DFW Airport and the massive hubs of freight lines in the area. The trucks also feed company warehouses which is another favorite target of bad guys looking for a huge haul. The thefts are as well planned and executed as a Navy Seal raid. Not only do they employ surveillance of a target, they stay at the hotels of truckers and mingle to obtain intelligence. They’ll follow a load across the country and hit it when it is the most vulnerable. All done under the watchful eye of security cameras.

Warehouse alarm systems, as are all hardwired systems, are connected through phone lines to a central station. Cut the phone lines and the alarm company has no more connectivity.  With the advent of cellular back up alarms, cutting phone lines is no longer effective.  Of course for every security improvement, there is a modified attack to counter them. Now the bad guys can use cell phone jammers to kill that signal.

We all pay a premium on goods we buy due to theft. Security Experts in Texas can educate businesses on the most effective means of protecting their inventory. However, we are always just one step behind the latest workaround for our efforts.

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