In California, a security guard can detain or touch you only if they have probable cause to believe you committed a crime (e.g., shoplifting, trespassing). Here’s how it works:
Reasons Why Security Guard Can Detain You
Legal Authority
Guards operate under California Penal Code 837, which allows citizen’s arrests. You can be detained briefly (until police arrive) if they witness or have evidence of a crime.
Reasonable Force
They may use minimal physical force to prevent escape or harm, but excessive force (e.g., hitting, prolonged restraint) is illegal. For example, blocking your exit is permitted; tackling without cause is not.
No Arrest Powers
Unlike police, guards cannot arrest you. Detention must be reasonable in duration (typically under 1 hour) and purpose.
Liability Risks
Wrongful detention or excessive force can lead to lawsuits (e.g., false imprisonment claims under Civil Code 52.1).
If you want to know more about what security guard can do legally, be sure to learn about security guard worker right protection and be aware.
Can a Security Guard Search You?
Security guards cannot legally search you without your permission unless they have clear evidence (e.g., witnessing theft) or are enforcing a property policy (e.g., bag checks in stores).
How Long Can Security Guard Detain You?
A security guard can detain you for a reasonable time typically until police arrive only if they have probable cause (e.g., witnessing theft or trespassing). Here’s how it works:
Legal Basis
Detention is allowed under citizen’s arrest laws (e.g., California Penal Code 837). You can be held only long enough to investigate and hand you to law enforcement.
Time Limits
“Reasonable” duration varies but is usually 15–60 minutes. Prolonged detention without police involvement may be deemed unlawful (e.g., false imprisonment).
Probable Cause Required
Guards must have clear evidence (e.g., CCTV footage, observed crime). Detaining you based on suspicion alone risks legal action.
No Arrest Authority
Unlike police, guards cannot formally arrest you. They must call authorities promptly and avoid physical restraint unless necessary for safety.
When Can Security Guard Detain You?
A security guard can detain you only in these scenarios: including
- Probable Cause of Crime
- Witnessed Criminal Activity
- Citizen’s Arrest Authority
- Imminent Danger Prevention
- Property Policy Violation
Let’s learn each of them in detail below.
Probable Cause of Crime
You can be detained if the guard has direct evidence (e.g., CCTV footage, eyewitness account) suggesting you committed theft, vandalism, or trespassing. For example, hiding unpaid items in a store justifies detention until police arrive.
Witnessed Criminal Activity
If the guard sees you break a law (e.g., shoplifting, assault), they can detain you under citizen’s arrest powers (e.g., California Penal Code 837). Detention must end once authorities take over.
Citizen’s Arrest Authority
Guards follow state-specific citizen’s arrest laws. In California, they can detain you for misdemeanors committed in their presence or felonies they reasonably suspect. Detention without evidence risks lawsuits.
Imminent Danger Prevention
You may be restrained if you pose immediate harm (e.g., brandishing a weapon, starting a fight). Guards can use reasonable force to protect others but not as punishment.
Property Policy Violation
On private property (malls, offices), guards enforce rules like no-trespassing zones. Refusing to leave after warnings can lead to detention for trespassing.
Can Security Guard Use handcuffs ?
Yes, Security guards can use handcuffs if necessary to prevent harm, escape, or during a lawful citizen’s arrest. Here’s a breakdown
Legal Justification
Handcuffing is allowed when you pose a direct threat (e.g., violence, resisting detention) or attempt to flee after a witnessed crime. For example, California’s Penal Code 835(a) permits “reasonable force” during detainment.
Citizen’s Arrest Authority
Guards acting under citizen’s arrest laws (e.g., shoplifting suspects) may restrain you until police arrive. However, handcuffing without probable cause risks lawsuits for false imprisonment or assault.
Reasonable Force
Handcuffs must be a last resort. Excessive force (e.g., tight restraints causing injury) violates civil rights. Courts often side with plaintiffs in such cases settlements average 25,000–25,000–100,000 (CA civil rights data, 2023).
Training Requirements
Most states security guards to complete handcuffing certification (8–16 hours). Untrained use can void employer liability coverage.
Private Property Rules
On private premises (e.g., malls), guards enforce owner policies, but handcuffing still requires legal justification.
Can Security Guards Use Force When Detaining Someone?
Yes, security guards can use physical force under strict conditions, guided by state laws and training. You can be restrained if you resist detention, flee, or threaten others. For example, California’s Penal Code 835(a) permits “reasonable force” to make an arrest or prevent crime. Excessive force (e.g., punching, choking) is illegal.
Guards may use holds, restraints, or handcuffs only as a last resort. Force must match the threat blocking a door is acceptable; tackling someone unarmed is not.
Most states mandate force training (e.g., 8–16 hours). Untrained guards risk lawsuits. Only 45% of guards nationwide are certified in de-escalation tactics (Security Industry Association, 2023).
What to Do if You Are Detained by a Security Guard in California?
If security guard detains you in California first you need to ask the reason of detain and then request police involvement, make sure to avoid resistance and document details for potential legal action.
Stay Calm & Comply
Do not physically resist, even if you believe the detention is wrongful. Resisting can escalate the situation and lead to charges (e.g., California Penal Code 148(a) for obstructing an officer/guard).
Ask for a Reason
Guards must explain why you’re detained (e.g., suspected theft, trespassing). Under Penal Code 837, they need probable cause (e.g., witnessed crime, CCTV evidence).
Request Police Presence
Insist they call law enforcement immediately. Guards cannot hold you indefinitely detention must end once police arrive or if they lack evidence.
Avoid Self-Incrimination
You have the right to remain silent. Do not admit guilt or argue; anything you say can be used against you.
Document Details
Note the guard’s name, employer, time/location, and witnesses. If injured, take photos. This strengthens claims of unlawful detention (Civil Code 52.1).
Know Your Rights
Guards cannot search you without consent or probable cause.
Detention must be brief (typically <1 hour).
Excessive force (e.g., handcuffing without cause) is illegal.
Conclusion
In California in different cities like Glendale and hidden hills security guards offer a variety of services to ensure the safety of people and property. Their primary role is to act as a deterrent to crime and report any suspicious activities to the authorities. However, it’s essential to recognize that security guards in California have legal limitations on what they can and cannot do.
For example, they are not authorized to carry firearms, make arrests, or use excessive force. Additionally, security guards must comply with both state laws and the regulations set by their employers. By understanding these legal boundaries, residents can feel confident that they are receiving the highest level of protection within the law.
