What Are the Legal Powers of a Security Guard?

As the world evolves, there is an increase in the need for security. Businesses and companies hire security guards to prevent theft, vandalism, and assault. Even in public areas, people need the legal authority that security guards possess for their safety and to ensure that event planning and business activities that occur in high traffic areas run smoothly. However, what are the security guards’ rights and what are the legal measures that bind them? As the importance of security guards increases, understanding their role and legal standing is imperative.

To a great extent, the functions of security guards are akin to those of police officers. They are often mistakenly thought to possess the same legal powers as police officers. They are dressed in a uniform, often armed with firearms, protect people and properties, and are regarded as symbols of authority and enforcers of law and order. But a security guard is not a police officer, and as such, does not hold the stature of a public servant. They possess no more rights or legal authority than any ordinary individual.

What Is a Security Guard?

A security guard is an individual hired by a private business or institution to protect people and property by preventing illegal activities or misconduct. Corporates, banks, airports, shopping malls, nightclubs, and even festivals require their services. Security guards are tasked with monitoring the surveillance systems, patrolling the premises, securing access and egress points, performing some basic and vital controlled access tasks, and providing assistance to visitors and staff.

A security guard is hired by a private company; therefore, unlike police officers, they do not have an affiliation with the police. Police officers, however, have restricted jurisdiction and powers. Security officers are not completely devoid of power. They can, in certain situations, have the power to:

Request a person to vacate and/or permanently bar an individual from a restricted premises. Remove or restrain a person for limited actions, and capture or inspect a person.

Most members of the police do not have the capability to employ force, and do not have the ability to lawfully carry firearms. Security guards do have the right to use batons and restraining devices, but only for protective purposes. The company for which the security guard is employed should have a business licence, and the guards must have gone through proper training.

What Responsibilities Can Security Guards Assume?

Professional security firms that offer security guard services employ arms and unarmed security officers and guards. Alternatively, firms may opt to employ security guards as in-house personnel. While some security officers are licensed on a state or local level, their legal powers are not equivalent to those of a police officer.

Given the appropriate power, local authorities can permit a security guard, within the premises that they control, the following authority:

Can Make a Citizen’s Arrest

Unlike police officers, who can arrest individuals on probable cause, a security guard can only arrest someone if they have witnessed a crime being committed. Specifically, only a felony. Moreover, the term “arrest” simply means to hold someone in custody. Under most circumstances, private guards are considered to have the same legal standing as the general public.

This is what is called a citizen’s arrest. It is where the guard captures the criminal or trespasser and promptly calls the police to take the appropriate action. So long as the control exerted on the suspect is not excessive, a reasonable amount can be used to restrain the suspect.

Jurisdiction on Private Property

The jurisdictional authority of a non-police security officer is limited to the premises of the property for which he or she is assigned. They possess the power to command a person to desist from engaging in unlawful activities and to vacate the premises. Should the behaviour persist, the individual may be detained under a citizen’s arrest by the security officer.

Use of Force/Weapons

“Reasonable force” is authorized to be used when a person is to be ejected or restrained from a private property. The risk and severity of harm to the property, the guard, and other individuals should dictate the level of force employed.

Though a certain level of force may be justified, security personnel need to be extremely careful in the way they handle situations – reckless actions, especially the use of firearms, can lead to a myriad of consequences, including legal ones. Should a security guard surpass his or her bounds by detaining, questioning, or forcefully engaging with a person who poses no danger to himself or others, the security guard and his or her employer will be liable for significant legal repercussions.

Search

As a rule, a security guard can’t search a person without their explicit approval. In fact, even if a guard thinks someone is carrying stolen property, they are not allowed to search that person’s belongings.

In the United States, no one is allowed to infringe searching a person’s property due to individuals’ rights. The ability to search a person’s belongings is reserved for the police, and even they must have a warrant or permission.

If a person poses a potential threat, a guard is legally allowed to search to see if they are carrying any weapons. In such a scenario, the guard can disarm the person and make a citizen’s arrest.

This practice, however, is not without limitations. Such practices can only be executed when a bounded contract is signed. An employee of a firm will be bound by such a clause when they have signed a contract with the firm.

Security guards can’t…

Detain people for an unlimited amount of time. There are temporal limitations to the scope of the powers issued to the guards. The time it takes the police to arrive at the incident can be considered reasonable. In other cases, it could depend upon the nature of the incident, for example, shoplifting.

Use unreasonable force: Includes but is not limited to applying pain, choking, improper handcuffing, abusive threats, discrimination, and undue violence.

As a form of evidence, many security guards wear body cameras to show they have acted legally and within the law when dealing with individuals. It is their responsibility to produce thorough and accurate accounts of all incidents. For those security personnel who are legally granted the right to carry a firearm, its use should, once again, be commensurate with the level of violence of the offense and the danger posed to the person or people being protected, as well as any other individuals within that space.

Summing Up |

With the advance of technology and the immediacy it provides, professional security guards can protect people and property with advanced life and property threat identification, efficiency within their role decision-making, and timely action. The expectation is that an armed security guard is never put in the position to use their firearm and that security is possible to be maintained without the need to use force or the exercise of arrest powers.

For the most effective protective solutions for your business or event in the greater Orlando area, reach out to Shergroup. Our services include armed and unarmed guard services, executive and dignitary protection, vacant site security, and more. Alongside basic guard services, we develop comprehensive security strategies for businesses that include K9 security, steel doors, security screens, and even closed-circuit television surveillance and monitored alarms. We will be glad to partner with you to ensure the security of your business, employees, and guests.

Rest assured, our security personnel will perform within their powers and provide effective security to individuals and entities when you engage our services. Our personnel are trained to ensure security that is within their rights and legal framework. To engage our services, visit us today at www.shergroup.com.

Frequently Asked Questions About Security Guard Rights

Q: Are security guards permitted to arrest someone?

As arresting is the power of the guard privately through a citizen’s arrest only during specific situations like an indictable offence. They are required to notify law enforcement to take over the custody of the individual during an arrest through the shortest route possible.

Q: What are the limitations of security guards on a privately owned property?

Their duties as law enforcement enable them to manage the flow of individuals on the private property, which includes asking people to leave, checking IDs during interactions, and restraining individuals who are involved in crimes in the place.

Q: Are there policies under which a guard can brandish a baton?

Security guards are aligned to the law under which they can only bear batons when licenced and trained under the SIA. Batons are only permitted to be used for self-defence and only when being attacked.

Q: Can security guards hold someone forever without permission?

No, the personnel in control of the individual are only permitted to take a limited period of time. This time is within the arrival of the law officials and within the timeframe the security personnel in charge feel it’s safe to the security risks of the place.

Q: Are the guards permitted to do more than the average citizen for law enforcement?

Their legal capability is limited to the same as every citizen under the law of detaining people and the use of force. Their responsibility to a particular private property gives them a limited footing of legal capacity, which is the only power they derive as security guards.

Q: What security measures may be taken if an individual declines to exit private premises?

In the process of removing trespassers, guards may, if necessary, take moderate action to restrain aggressors. They may also affect a citizen’s arrest if an offence is committed during the process of removal.

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