Security guards play a crucial role in upholding safety and security in different settings across California. However, knowing the legal boundaries regarding what security guards can and can't do legally is important. This article aims to clarify the legal powers and limitations of security guards in California, providing employers and the public with a better understanding of their rights and responsibilities.
What Security Guards Can and Can't Do Legally in California
What Security Guards Can Do Legally
Perform Citizen's Arrests
In California, security guards are authorized to make a citizen's arrest under California Penal Code Section 837 if they witness a felony being committed or have reasonable cause to believe that one has been committed. They must promptly contact law enforcement and hand over the detained individual to the authorities.
Detain Individuals Temporarily
They can detain a person if they reasonably suspect that the individual has committed a crime, such as theft or vandalism, on the property they are protecting. The detention should be reasonable until law enforcement arrives.
Use Reasonable Force
Security guards are permitted to use a reasonable amount of force necessary to protect themselves or others from imminent harm, including situations requiring self-defense to prevent injury.
Carry Firearms and Weapons (With Proper Licensing)
Security guards holding the necessary licenses and permits from the Bureau of Security and Investigative Services (BSIS) are authorized to carry firearms or other defensive weapons while on duty. They must complete the required training and strictly adhere to all regulations regarding using these weapons.
Ask for Identification
Guards on private property can ask for identification to verify if individuals have the right to be there. However, individuals are not legally required to comply unless specific conditions, such as entering a secured area, apply.
Enforce Property Rules
Security personnel can enforce the rules established by the property owner, such as no-smoking policies or dress codes, as long as they do not violate any laws.
What Security Guards Can't Do Legally
Impersonate Law Enforcement Officers
Security guards must not pose as police officers, including wearing similar uniforms or badges and using police language.
Use Excessive Force
They must not use excessive or unreasonable force, and any force used must be proportionate to the threat faced. Unnecessary aggression can result in legal consequences.
Conduct Searches Without Consent
Security personnel are not allowed to search a person's property or their person without explicit consent. There are exceptions in specific environments such as airports or courthouses, but searches without consent are generally considered unlawful.
Detain Someone Unlawfully
They cannot detain individuals without reasonable suspicion or for an extended period. Unlawful detention can result in charges of false imprisonment.
Carry Weapons Without Proper Licensing
Carrying firearms or other weapons without the necessary BSIS licenses and permits is illegal. Security guards must undergo training and certification to carry and use weapons on duty.
Violate Privacy Rights
Security personnel must adhere to privacy laws, meaning they cannot record audio without consent in areas where privacy is expected, nor can they access private information without authorization.
Engage in Discrimination or Harassment
They cannot discriminate against or harass individuals based on race, gender, religion, sexual orientation, or other protected characteristics. Such actions are illegal and can lead to severe legal penalties.
Conclusion
Understanding what security guards can and can't do legally is crucial for security professionals and the public. Security personnel must operate within legal boundaries to effectively and ethically perform their duties, creating a safer environment while respecting individuals' rights.