How much authority do security guards really have?
Can a security legally detain you? Can they ask you questions? Can they physically assault you?
Public Comments
- Yes Yes Depends on the circumstances.
- No to both questions and they cannot put their hands on you since they are Not Police! They can ask questions, ask for I.D. They Can Be sued...and arrested themselves. In some instances make a citizens arrest....They are obligated to call the local police. A perfect example is MGM, now all f their properties have hands off policies in place by security.
- yes yes sort of and no unless attacked first then its self defence most get told depends on the area where there working if trouble starts leg it and get safe then call for help lol
- a security guard has no more right to detain you or touch you. Unless you commit a felony that they witness then they can make a "citizens" arrest, but of course anyone can do that.
- If they're police officers, they're still officers when they're working private security. If they're on private property, they can restrain you/detain you. Nobody is legally allowed to assault you.
- A security guard has the same authority as a private citizen. A security guard, just as a private citizen, can make a citizens arrest when he has probable cause that a criminal offense was committed. In Oklahoma a citizen's arrest is allowed in 3 circumstances: 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony although not in his presence. 3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it. Citizen's arrest law could vary by state. A security guard can ask anyone questions, just as any private citizen can ask another person questions. No one is obligated to answer questions of a private citizen, a security guard, or a police officer. A security guard can defend himself or others. And if he had probable cause to make a citizen's arrest, he can use reasonable force to take the offender into custody.
- bet your more confused now with this bunch of conflicting answers lol
- Seriously, it depends on the state and the status of the security guard. Some are off-duty police, and retain their police powers. Some are "special police" with State commissions, who have police powers for the area they're guarding. Some have even less authority than those kids with the orange Safety Patrol belts who used to help children cross the street back in the day. Depending on the reason for the detention, a security guard can detain you. Example: Merchants usually have a privilege to detain suspected shoplifters (when there is a reasonable suspicion) to investigate whether a theft has occurred. Can you be questioned? Sure, anyone can question anyone. Do you have to respond? Nope.
- This varies state to state. In some states (two I think) guards have police authority while on client's property. In most states guards have the authority of the owner of the property. In some circumstances and in some states guards can detain you for a reasonable time to investigate crimes on property to which they are working. In most states guards can only detain you if they in fact place you under "private persons arrest." I can't imagine a place in America where its illegal to ask another questions. That part of your question is just silly. No one can assault you. In most states a private person may use reasonable force to effect an arrest or detain you for the police.
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