Is It Legal for a Security Guard to Detain You?

Is It Legal for a Security Guard to Detain You?

There are many instances of mall jail cells on television programs and films such as “Paul Blart: Mall Cop.” However, what is the legal right of security guards at shopping malls or stores to keep people in mall jails?

Legal Authority of Security Guards

In general the private security guards do not hold the same power like police officers. Security companies are not an agency for law enforcement. In addition to helping in incidents of medical emergency and breach of law, they enjoy the same right to investigate crimes the same way just like the typical private citizen. Remember, however that the rules regarding security guards vary from jurisdictions, businesses as well as states. The most that an individual security guard is able to do is contact 911 in the event of an emergency , or a possible illegal act. You should also check the state and local regulations to know the security guard’s capabilities. perform.

If a security agent would be caught observing an offense that’s an act that is considered to be a violation of the peace, all they can do is to conduct the arrest of a person and await an officer to show up and bring the person to the police station. Security guards can request you to stand in line for an officer from the police however they are not able to restrain you at your own will or force you to leave, which means that you are free to leave whenever you wish to leave.

Security Guards Do Not Count as Police

Security guards aren’t police officers and they are not allowed that resembles a police officer. Although a security guard might think that acting as an officer would aid them, in reality but it can lead to serious legal issues. Their employer could also be in trouble.

If security personnel use excessive force against you, without taking self-defense measures you could be charged with the charges of assault on a person and you could have the right to sue them for using excessive force.

Security Guards Armed

Certain facilities employ security guards with arms and are certified to be armed and can use deadly force in the event of a need for. Although they do not possess the same power like police officers, a lot of guards who are armed undergo greater training than the unarmed security guards. They are legally required to possess a degree in police science or criminal justice. Security guards with armed security must adhere to the same rules as non-armed security guards until they are granted the specialized police officer’s certification.

If you’re held by a security officer take note of what they are able to and cannot perform. It’s legal for a security guard who is not armed to keep you detained, but they cannot do this with force or any other techniques employed by the police like handcuffing or placing you in a detention cell. If it’s an officer with an officer’s certification for police that can be detained and use force in a reasonable manner.

It’s not necessary to solve the problem on your own. Hire a lawyer

A consultation with a lawyer could assist you in understanding your rights and help you ensure your rights. Browse our lawyer directory to locate a lawyer close to you that can assist.