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Can Someone Clarify the Legal Privileges of Security Guards?

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Varine

Junior Member
What is the name of your state (only U.S. law)? Oregon

This is out of personal interest, but as I understand it they are just civilians, so they aren't granted the same power as police right?

So, in the event that I was on the property of some establishment and was requested to leave by the property owner or employee who retained the right, and was agreeing to do so, can security guards legally touch me while escorting me out, or can they only follow me? Or like if I was at a store, and in a hurry and the guard felt I had shoplifted, can they detain me without having immediate evidence on hand? Would that be the same as a citizens arrest (in which case, could anyone stop me on the same presumption regardless of their status)? I know that in the event that I was breaking some law they can until police arrive, but do they have the right to touch me otherwise? If not, and they did, would I have the right to use adequate force to defend myself? Like if they grabbed my arm, could I push them away and be on my way?
 


FlyingRon

Senior Member
Store personnel can detain you (forcibly if necessary) if they believe you were shoplifting. Club security doesn't however have any authority to manhandle you. If you refuse to leave the facility their option is to call the real cops.
 

BOR

Senior Member
What is the name of your state (only U.S. law)? Oregon

This is out of personal interest, but as I understand it they are just civilians, so they aren't granted the same power as police right?

Mostly right. If I remember correctly, I live in Ohio, and Cleveland used to have a city ordinance that licensed security guards (emphasis added) could arrest for Misdemeanors committed in thier presence?

Also some states have what are known as "Special Police", security guards with "limited" legal authority.


So, in the event that I was on the property of some establishment and was requested to leave by the property owner or employee who retained the right, and was agreeing to do so, can security guards legally touch me while escorting me out, or can they only follow me?

Again state specific. There is a law on Ohio's books where the agent of a property, namely here, private property such as a rental unit, can actually arrest trespassers themeselves. Otherwise Ohio law only permits a citizen arrest for a felony.

Or like if I was at a store, and in a hurry and the guard felt I had shoplifted, can they detain me without having immediate evidence on hand?


I direct you to your specific state shoplifting laws for reference. All states I have reaqd permit a detention where a merchant has at least a reasonable supsicion items for sale have been taken without payment, and even immune merchants who follow the law.


Would that be the same as a citizens arrest (in which case, could anyone stop me on the same presumption regardless of their status)? I know that in the event that I was breaking some law they can until police arrive, but do they have the right to touch me otherwise? If not, and they did, would I have the right to use adequate force to defend myself? Like if they grabbed my arm, could I push them away and be on my way?

Outside a merchant setting, again I will quote Ohio law as I am familiar with it, a private person can "restrain your liberty", felony or misdemeanor, with privilige to do so, this is not tanatamount to an actual arrest.

There is a specific code section for this, aside form an actual felony citizens arrest.
 

scorpion5005

Junior Member
Laws vary from state to state. I worked as a security guard in Atlanta and we were allowed to carry sidearms if we successfully completed the APD's Practical Pistol Course. Back then, we could arrest a suspect for a misdemeanor (in or on the client's property) as long as we transported the prisoner, filled out the booking paperwork, appeared as a witness at the trial and the company accepted legal liability for any lawsuits or litigation arising from the arrest.
I seriously doubt it's still like that today, unless the guard works for a government contractor, but it's always best to look up local and state laws.
 

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