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Hofstra Law Review

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Abstract

Private police in the United States outnumber public police two to one. Although they have substantially the same responsibilities as public law enforcement authorities, most private police are subject to tort liability which the public police are able to avoid. However, there have been developments in the law that give retail merchants' police the same insulation from tort liability that public police enjoy without subjecting the former to the constitutional restraints upon the latter. The purpose of this comment is to explore this anomaly in the law and to offer a solution that will enable retail police to perform their necessary duties without creating a special "super-police" status.

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