The Legal Limitations of Security Guards In California

What can a security guard do while on duty?

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When you see a security guard on duty, it’s clear that their main duties are to deter any potential threats to the situation as well as maintain any order within the premises. But the legal limits of what a security guard is allowed to do may remain unclear to most people who are unfamiliar with the roles and responsibilities of security guards.

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This article post will explore the boundaries of what exactly a security guard is legally allowed to do and not to do while on duty.

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What Can A Security Guard Do?

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Here are the main responsibilities of a security guard, per a typical job description and duties that will be performed while on the job. 

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They are as such:

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• Prevent Unauthorized Access. Security guards monitor entrances and exits, ensuring only authorized individuals access certain areas.
• Observe and Report. One of the primary duties of a security guard is to observe and report suspicious activities. They act as the eyes and ears of law enforcement, gathering crucial information.
• Conduct Patrols. Regular patrols help them identify and address potential security threats, such as unlocked doors or suspicious activity.
• Enforce Property Rules. Guards can ensure visitors and employees comply with company policies, such as wearing ID badges or adhering to safety protocols.
• Use Reasonable Force. Guards can use reasonable force to protect themselves, others, or the property they are securing. For example, they may physically restrain someone attempting to harm another person.
• Detain Under Citizen’s Arrest. As mentioned, they can detain individuals for suspected crimes until law enforcement arrives.
• Diffuse Conflicts Trained guards can de-escalate potentially volatile situations through effective communication and presence, ensuring the safety of everyone involved.

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What Can A Security Guard Not Do?

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Even though security guards are granted some specific abilities based on their role and circumstances, there are clear boundaries they cannot cross.

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Being that they are technically not any form of law enforcement, their responsibilities limit them to not being able to:

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• Arrest People as Police Do. Security guards cannot formally arrest individuals. Their authority to detain is limited to specific situations covered under citizen’s arrest laws.
• Carry Firearms Without Authorization: Not all security guards are armed. Guards must have proper licensing and training to carry a weapon, and this often depends on their employer’s policies and the laws in their jurisdiction.
• Search People Without Consent. Security guards generally cannot search someone without their consent unless it’s explicitly required by the property’s policies (e.g., bag checks at a concert).
• Operate Outside Their Jurisdiction. Their authority is typically limited to the property they are hired to protect. They cannot enforce laws or take actions in unrelated locations.
• Use Excessive Force or Intimidation. Guards must adhere to ethical standards and avoid any behavior that could be construed as harassment or abuse of power.

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Can A Security Guard Detain You?

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In short, yes they can. But it’s important to understand the limitations of how and in what scenario they can do so. Security guards are not police officers; so the authority to detain someone is rooted in the concept of a citizen's arrest. 

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Meaning they have the authority to detain you only if they have reasonable grounds to believe you have committed a crime, such as theft or vandalism, typically while on the property they are protecting. 

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Although, their detention authority is limited: 

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• They must call the police immediately. Security guards cannot hold someone indefinitely; law enforcement must take over as soon as possible.
• They cannot use excessive force. Any detention must be reasonable and proportional to the situation.
• They must act within legal guidelines. Unlawful detention can lead to legal repercussions for the guard and their employer.

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Why Understanding Security Guard Authority Matters

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Understanding what a security guard can and cannot do helps you navigate interactions with them by being aware of what their role limitations are. It also underscores the importance of hiring professionally trained guards for businesses, ensuring they operate within legal and ethical boundaries.

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By properly understanding the legal limitations of the role of the security guard you also can be more aware of what to look out for out of your guards and if they are operating within their legal jurisdiction to prevent legal issues later on.

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Whether you’re a property owner looking to enhance security or a member of the public curious about your rights, understanding the limits of a security guard’s authority ensures transparency and trust in their role.