Security guards have rights of multiple duties and they can do many things to ensure everything is under control. They have to maintain peace and order. But what is the extent of their authority? In case of a security breach or any severe issues, can security guards detain you? This is quite confusing for normal individuals. Understanding the law and other requirements can help in this regard.
Can Security Guards Detain You? Reasons, Solutions, And Considerations
The following are the details to understand if can security guards detain you.
Explaining The Role Of Security Guards
They are normally private employees hired to protect people and property. Security guards don’t have the massive powers of the state like police officers do. But can security guards detain you? Yes, under certain conditions when there is a crime has occurred or is in progress.
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Situations Where Detaining Or Arresting Is Allowed
The following are the situations where security guards can detain or arrest individuals.
Arresting Citizens
In the US, security guards have to operate with a legal concept of a citizen’s arrest. It allows private individuals, like security guards, to detain someone they reasonably suspect of committing a crime, particularly a felony. Citizen’s arrest is allowed even for misdemeanors committed in the presence of the arresting individual.
However, this right comes with strict limitations:
- The crime must usually be witnessed or have clear evidence.
- The security guard must use only reasonable force.
- The detained individual must be turned over to law enforcement immediately.
Use Of Force
Security guards are allowed to use force only to a specific extent when it’s reasonable and necessary. Especially for detaining the individual or protecting themselves or others. Lethal force is generally prohibited unless there is a life-threatening situation that can escalate. Unlawful force leads to civil liability or criminal charges against the guard or the security company.
Uniformed And Plain Clothes Security Guards
Uniformed guards have more authority, and they are given jobs in areas prone to crime. On the other hand, civil clothing security guards observe and report, but have similar legal limitations. Whether in uniform or plain clothes, they have the same authority to detain according to the specific citizen’s arrest principles.
Private Property Rights
Security guards have the right to ask someone on private property to leave or detain them for trespassing. It depends on the person if they refuse to comply. But security guards must ensure to follow their legal limits and avoid violating an individual’s basic rights. Guards are not allowed to search your belongings without your consent for any legal reason. They have to act within citizen’s arrest parameters.
What Are Your Options If You’re Detained?
If a security guard detains you:
- Stay calm and ask if you are being detained.
- Request the reason and whether the police have been called.
- Do not resist, but make mental notes of the events.
- Once released, consult a lawyer if you believe your rights were violated.
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Conclusion
To conclude, can security guards detain you? Yes, they can do so within lawful boundaries. Knowing your rights and ensuring not to violate any legal limit is vital. Do you know how to start a security company?
You must also ensure to comply with security guards while remaining conscious of your surroundings. Learn how much do security companies charge clients.
