Can a Security Guard Detain You? Know Your Rights

Short answer: Yes they can. But generally they can do so ONLY if they have witnessed you committing a crime (not just suspect you of it). Or they can detain you if you are a hazard to the public or the property they are guarding. They can only use reasonable force, and cannot physically threaten you. Security guards cannot use police-style methods — such as handcuffing you or placing you in a holding cell.

Confused by security guard powers? This guide unravels the mystery of detentions, physical contact, and arrests- empowering you to navigate any interactions with security guards with confidence. Every citizen should know their rights.

Maybe you’ve seen this- or maybe it’s even happened to you! You and some friends are celebrating a birthday at the local bar, and everyone is drinking. All’s fine- until a clumsy bar patron bumps into you hard. You angrily throw a glass in his direction. A security guard intervenes, and forces you out of the bar’s door. You’re unsteady, and fall down the steps (though you’re fortunately not seriously hurt). However, you are upset and angry. Have your rights been violated? Can a security guard physically remove you like that? Is a security guard allowed to use force, or even touch you?

The answers to this scenario are that a security guard- like any other citizen- has the right to protect or defend himself or others he is assigned to guard. Your action of throwing the glass or a fist would be seen as an aggressive act with a weapon. A security guard can use force to protect himself- only it must be reasonable physical force. He can also physically touch citizens in a minimally necessary way to stop a crime, or dangerous unlawful situation. In this case your security guard likely did not act in a way beyond his authority, and used reasonable force in removing you.

There are gray areas though. If for instance, you broke your arm when you fell down the stairs, there could be an argument made that the security guard should not have shoved an unsteady intoxicated person too close to some stairs, since there is a higher likelihood of them falling. The use of force by a security guard should be reasonable and proportional to every situation. There could be a legal debate here regarding this broken arm injury, with some liability on the part of the security guard or company- a gray area indeed. Any responsible security company in this situation would have strategies in place to grow security company ethically and effectively.

But this example illustrates that every citizen should know some important facts about their rights. If you have any interactions with a security guard, or are ever detained for some reason by a security guard, you should understand your rights, and the scope of a security guard’s authority.

Primarily you must understand that generally speaking, private security guards do not have the same authority as police officers. Police are charged with the legal enforcement of laws in a particular city or county. A security guard is responsible only for the specific people or property they are hired to protect- and even then there are qualifications to what they can do. A security guard’s primary duties can be summarized as:

Being a paid observer– to observe and report to the correct authorities (e.g. responding to any criminal activity causing damages to property or people, or responding to health, fire, crowd control emergencies correctly with the appropriate authorities).
Maintaining records of activities- report people entering/exiting, monitoring surveillance cameras, patrolling premises for any security problems.
Observe and report are the key duties of any security guard. Other than assisting in medical emergencies or breaches of the peace, in most states, security guards have the same abilities to act on crime as the average private citizen. They call 911 just like you would.

So what can security guards do legally to you?

Security guards can only make a citizen’s arrest, just as any other citizen can do. They have to wait for a police officer to take anyone into custody. There are exceptions to this in different states though. Can security guards touch you in California, for instance? It is illegal for a security guard in CA to arrest anyone. But can security guards touch you in Texas? Texas rules for security guards are just the opposite as CA. Security guards in Texas CAN arrest any individuals committing felonies, misdemeanors, breach of peace and criminal trespasses. The only stipulation is that they must occur on the premises and jurisdiction they are guarding. So the must-have skills of security guards in different states can vary greatly.

While it is legal for an unarmed security guard to detain you in some situations, it cannot be with force, handcuffs or by placing you in a holding cell. A security guard cannot hold you against your will- they can only ask you to wait for police to arrive.

However, an armed security guard (with additional specialized police officer certifications) can detain you, using reasonable force. However any detention must be essential and in proportion to the situation. How long can a security guard detain you? They have to release you as soon as the reason for your detention no longer exists, or when the police arrive (https://www.buildingsecurity.com/blog/can-security-guards-detain-you/).