What Are the Legal Limitations of a Security Guard? - Secure Guard

• May 15, 2024
• By Ryan Bantique

Introduction:

Security guards play a crucial role in safeguarding property, deterring crime, and maintaining order in various settings. However, it’s important to recognize that their authority comes with specific legal limitations. In this comprehensive guide, we’ll delve into what security guards can and cannot do under the law.

Key Legal Limitations of Security Guards:

1. Limited Arrest Powers:

• Unlike police officers, security guards generally do not have the same authority to make arrests.
• In most jurisdictions, they can only detain someone if they witness a crime in progress and have reasonable suspicion of criminal activity.
• Detainment should be brief and only until law enforcement arrives.

1. No Search and Seizure Rights:

• Security guards cannot search individuals or their belongings without consent, a warrant, or probable cause.
• Exceptions may exist for bag checks at specific venues, but these are often governed by posted policies.

1. Use of Force Restrictions:

• Security guards can only use reasonable force to protect themselves, others, or property.
• Excessive force can lead to legal consequences.

1. Jurisdictional Constraints:

• A security guard’s authority is typically limited to the property they are hired to protect.
• They cannot enforce laws or make arrests outside of this designated area.

1. Enforcement of Rules and Regulations:

• Security guards can enforce the rules and regulations set by the property owner or management.
• However, these rules must be legal and not violate any anti-discrimination laws.

Specific Actions Security Guards CAN Take:

• Observe and Report: Monitor premises for suspicious activity and report incidents to law enforcement or supervisors.
• Deter Crime: Their visible presence often deters potential criminals.
• Request Identification: They can ask individuals to show identification if it’s relevant to their duties (e.g., checking for trespassers).
• Issue Warnings: Warn individuals who violate property rules.
• Escort Off Property: If necessary, they can escort individuals off the premises.

Variations in Legal Limitations:

It’s crucial to note that the legal limitations of security guards can vary depending on:

• State or Provincial Laws: Specific regulations differ from one region to another.
• Company Policy: Security companies may have their own internal policies further restricting guard actions.

Consequences of Exceeding Legal Limits:

Security guards who exceed their legal authority can face serious consequences, including:

• Civil Lawsuits: They may be sued for false arrest, assault, battery, or invasion of privacy.
• Criminal Charges: In extreme cases, they could be charged with crimes like kidnapping or false imprisonment.
• Loss of License: They could lose their security guard license.

Conclusion:

Understanding the legal limitations of security guards is crucial for both guards themselves and the public they interact with. By operating within these boundaries, security guards can effectively contribute to maintaining safety and security while protecting the rights of individuals.