Security Personnel: Understanding Arrest Laws And Their Application

Security personnel are not police officers and their authority differs significantly from law enforcement. They are private employees, not public authorities, and their primary function is to observe, report, and detain suspects until law enforcement arrives.

In most cases, security personnel can only make a citizen's arrest for crimes witnessed firsthand, and even then, the extent of force used must be reasonable. They are also restricted by the specific property they have been hired to protect.

Security guards can be deputized or given special police status, in which case they have the same arrest powers as a police officer. However, if they do not have this special status, their arrest powers are limited to those of a private citizen.

Security personnel can only make a citizen's arrest for a felony committed in their presence

Security guards are not police officers, and their authority differs significantly from law enforcement. They are private employees, not public authorities, and their primary function is to observe, report, and detain suspects until law enforcement arrives.

Security personnel can only make a citizen's arrest if they witness a crime happening in their presence. This can include misdemeanors or felonies, depending on local laws. It's important to note that "arrest" simply means detaining the suspect and contacting the police immediately for them to make a formal arrest.

In the case of felonies, a security guard may arrest a person when a felony has been committed, but only if the felony was committed in their presence. If the offense is not a felony, it must be committed or at least attempted in the presence of the security guard before a citizen's arrest can be made.

For example, if a security guard witnesses a felony, such as a theft, they can make a citizen's arrest by detaining the suspect and calling the police to take them into custody. The security guard must use reasonable force to restrain the suspect and ensure they do not escape. However, they cannot use handcuffs or hold the suspect in a cell, as these actions are reserved for law enforcement officers.

It is crucial for security personnel to understand the laws of the jurisdiction in which they are working, as making an improper arrest can expose them and their employers to civil suits.

They can detain and question suspects, but only with proper training and under specific circumstances

Security guards are not police officers, and their authority differs significantly from law enforcement. They are private employees, not public authorities. Their primary function is to observe, report, and detain suspects until law enforcement arrives. They can only make a citizen's arrest for crimes witnessed firsthand, and even then, the extent of force used must be reasonable.

In some jurisdictions, with proper training and under specific circumstances, security guards can briefly detain a suspected trespasser to ask questions and verify their identity. It's important to note that security guards cannot use the same methods as the police to detain suspects, such as handcuffing them, placing them in a holding cell, or using phrases like "You're under arrest." This is a legal grey area, so consulting a lawyer to ensure compliance with local laws is crucial.

The use of "reasonable force" is permitted when detaining or ejecting a person from private property. The force used should be proportionate to the severity of the crime and the risk posed to the guard and others. Security guards must act with caution and not impulsively, as the use of unnecessary force, especially involving weapons, can result in physical and legal repercussions.

If a security guard has reason to believe that a person is carrying a weapon, they may search and disarm that person while making a citizen's arrest. Additionally, searches may be permitted if consent has been granted by contract, such as in the case of employees who have signed agreements with their company.

It's important to remember that security guards cannot hold people indefinitely. They can only detain a suspect until law enforcement arrives to take over the investigation and make an official arrest if necessary. Security guards must ensure compliance with local laws and secure the scene by preventing further criminal activity or evidence tampering.

Security guards can use reasonable force to eject or detain a person on private property

Security guards are not police officers, and their authority differs significantly from law enforcement. They are private employees, and their primary function is to observe, report, and detain suspects until law enforcement arrives. They can only make a citizen's arrest for crimes witnessed firsthand, and even then, the force used must be reasonable.

Security guards can remove people from private property. They can ask trespassers to leave, detain and question them, and escort them off the property. However, they must do so with minimal force and only if the trespasser is not resisting or posing a threat. Security guards cannot use excessive force, handcuffs, or holding cells, or say "You're under arrest".

The degree of force a security guard may use depends on local statutes, and they should only use reasonable force to achieve their objective. Excessive force could result in legal repercussions for the guard and the security company. Clearly posted "No Trespassing" or "Authorised Personnel Only" signs strengthen security guards' authority and discourage trespassing.

In some jurisdictions, security guards with proper training and under specific circumstances can briefly detain a suspected trespasser to ask questions and verify their identity. However, this is a legal grey area, and it is essential to consult with a lawyer to ensure compliance with local laws.

If a trespasser refuses to leave, becomes belligerent, or is suspected of criminal activity, security guards should call the police to ensure a safe and legal resolution.

They can search and disarm a person if they suspect they have a weapon

Security guards are private employees, not public authorities, and their legal powers are generally the same as those of an everyday citizen. However, if they have been granted special authority by their local governing institutions, they may have additional powers.

Security guards can search and disarm a person if they suspect they have a weapon. This is an exception to the rule that security guards typically cannot search a person without their express permission. The power to search is highly restricted due to US law's protection of individual rights.

If a security guard suspects a person has a weapon, they may search and disarm them while making a citizen's arrest. This is because, in most cases, security guards are held to the same standards as other citizens, and citizens can search and seize weapons from a person they suspect of committing a crime. However, the use of force should always be a last resort, and when force is necessary, it must be reasonable and proportionate to the threat posed.

It is critical for security guards to act with caution and not with impulse; the use of unnecessary force, especially involving weapons, may result in damages, not just physically but also in legal proceedings. If a security guard oversteps their legal bounds by detaining, questioning, or using force outside of self-defence, it can cause serious trouble for the guard and the company they work for.

Security guards must have consent to search a person or their property

Security guards are not police officers and their authority differs significantly from law enforcement. They are private employees, not public authorities. Their primary function is to observe, report, and detain suspects until law enforcement arrives. Security guards operate within specific legal boundaries and cannot conduct searches without consent.

Security guards can only make a citizen's arrest for crimes witnessed firsthand, and even then, the extent of force used must be reasonable. They cannot impersonate law enforcement and their primary function is to protect property and assets, not to investigate crimes.

Security guards must have clear, verbal consent before conducting any pat-down or search of a person or their belongings. This includes backpacks, purses, briefcases, and clothing. If someone refuses a search, security guards must respect that decision. In situations where the security guard suspects a crime is being committed or is about to occur, they should contact the police immediately.

In most cases, even if a crime has been committed, the security guard should wait for police officers to arrive on the scene, as they have the jurisdiction to conduct searches. However, if there is a legitimate reason to search, security guards can request consent for a search. If consent is refused, they can deny entry or ask the person to leave the premises. They can also call the police if a crime is suspected.

It is important to note that security guards cannot force someone to undergo a search without their consent. They must also be careful not to use unnecessary force, especially if it involves weapons, as this can cause severe physical damage and hurt legal proceedings.

Venues and employers must have relevant policies and procedures in place regarding searches. These policies should clearly state how, where, why, and when a person or their possessions may be searched. For example, if security is conducting random searches, a randomizer should be used to avoid bias and stereotyping. A specific search, on the other hand, involves consistency, such as searching every third person or everyone in a certain department.

In the case of vehicle searches, it is good practice to always conduct the search in the presence of the driver/owner and to record the process.

Frequently asked questions