Do security guards have the authority to detain you?

Security guards are hired by all types of companies and communities to keep people and property safe.

But what happens if their physical presence isn’t enough to stop someone from misbehaving? Can a security guard detain someone who poses a threat to public safety?

It’s a bit of a complicated topic, but the short answer is yes.

    

Table of contents

• The technical stuff
• What can and can’t security guards do when pursuing criminals?
• Specific scenarios
• What happens next?

    
The technical stuff

Unlike government employees, security guards only have “enforcement rights” typically held by the general public. Their abilities to stop criminals are restrained relative to a police officer.

But, depending on the situation, a security guard could rightfully make a citizen’s arrest.

    

Canada
Section 494 of the Criminal Code of Canada grants certain powers to persons making arrests under specific circumstances.
One circumstance is in relation to a criminal offence. For purposes of the Criminal Code, this offence is any federal offence, whether in the Criminal Code or any other federal piece of legislation.

Anyone may arrest without a warrant if:

• a person is seen committing an indictable offence; or
• there is reason to believe that the person:
  • has committed a criminal offence, and
  • is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

 
Similarly, an owner or a person in lawful possession of property, or a person authorized by the owner, may arrest a person without a warrant if:

• they find them committing a criminal offence on or in relation to that property and
  • they make the arrest at that time; or
  • they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.

Since people providing security services are not employed as peace officers, they would be treated as members of the public for the determination of powers of arrest.
 
     
United States
There are different rules in the U.S. about making a citizen’s arrest depending on which state you are in. Sometimes, non-deadly use of force is allowed. Other citizen’s arrest laws specify whether the law can be used for felony or misdemeanor crimes. Some also specify whether someone has to witness the crime actually being committed in order to pursue an arrest.
Security guards should receive training on this and understand the laws that apply to them.

Generally speaking, in most jurisdictions, it is illegal for a security guard to detain anyone without either witnessing or having probable cause that the individual committed a crime. 

Furthermore, most security guards can only make a citizen’s arrest if:

• The detention is essential and proportional to the situation
• The security guard informs the person of the reason for their detention and provides their name, employer’s name, and a way to contact them
• The security guard releases the person as soon as the reason for their detention no longer exists, or when the police arrive

    

What can and can’t security guards do when pursuing criminals?

Security guards can attempt to arrest or detain someone if they witness them committing a crime. But since they only have the same powers as any other individual, they should not attempt to use excessive force in order to make a successful arrest.
Guards should also use good judgment while on duty. Starting a disruptive chase in a crowded area to prevent someone from stealing $10 sunglasses is probably not the best course of action. But this could be the best solution if they stole goods valued at $2,000.

In most cases, security guards can detain and question people. They can use reasonable force. They can request to conduct a physical search.

But if the suspect is resisting arrest, unwilling to talk, or denies a physical search, the security guard should not try to force the person to comply.

Instead, if the situation is serious, a guard should contact the police immediately. If the situation is minor, then letting the person go may be the best strategy.  The guard can do their best to report details of the incident, and share a description of the suspect, so that if the person returns, they can refuse entry immediately.  

Below is a general summary of things security guards can and cannot do while trying to confront or stop a suspect.

Authority	What security guards can do	What security guards can’t do
Perform a citizen’s arrest	*Detain a suspect if witnessing a crime *Use minimal force to prevent escape *Preserve evidence *Contact police immediately	*Use excessive force *Detain without witnessing a crime or having probable cause that a crime was committed *Hold suspect indefinitely *Use handcuffs
Use of force	*Use minimal and proportional force when necessary	*Use excessive force *Inflict punishment
Remove people from private property	*Instruct trespassers to leave *Detain briefly and question (jurisdiction-dependent) *Escort trespassers off the property	*Use excessive force *Handcuff *Hold in a cell *Use phrases like “you’re under arrest”
Request a physical search	*Request consent for a search *Deny entry if consent is refused	*Conduct a search without consent *Force someone to undergo a search
Carry weapons	*Carry firearms with proper permits and training	*Carry firearms without special permits and training
Refuse entry	*Deny entry to those without proper ID *Deny entry to those exhibiting suspicious behavior *Deny entry to people who are on a blacklist	*Deny entry without proper cause or for discriminatory reasons
Conduct traffic stops	*Provide statements to law enforcement *Observe and report suspicious activities related to traffic	*Enforce traffic laws *Conduct traffic stops *Issue citations

    
Specific scenarios  

  
Retail theft
Mall security guards may come to mind when you think about a citizen’s arrest. That’s because malls experience petty thefts all the time.

Security guards working in these environments can detain someone for a reasonable amount of time to investigate a suspected theft.

However, this detention must be conducted in a reasonable manner, and without excessive force. The reasonableness of the detention will depend on the specific circumstances.
 
Security guards are generally limited to using reasonable force to remove trespassers. This means they can use the amount of force necessary to achieve their objective, but nothing more.

     
Rowdy behavior at a public event
When someone is drinking too much at a sporting event or concert, they are more likely to make bad decisions.
 

If someone seems intoxicated, aggressive, or lingering near restricted areas for no apparent reason, they can be denied entry if they have not yet entered the venue.

If they are already inside, a security guard can ask them to leave. They can gently guide them to the exit. But, if removing a person requires more than minimal force, the security guard should disengage and call the police to avoid issues, and putting themselves in danger.
     

Checking bags at a worksite
Security guards working at construction sites might ask staff who are exiting the area to show tool bags or briefcases. This is done to prevent theft of materials or equipment.

The employees have the right to refuse the search. However, if someone declines, the guard can report the incident to management.

     
What happens next?

If a security guard detains or arrests an individual, most will want to contact the police as soon as possible. Police have greater authority to act in intense situations.

Guards should explain to the suspect why they are being detained. In most cases, guards should not try to detain anyone for more than 1 hour. Most people would refuse to stay voluntarily for longer than that.  

If applicable, security guards should try to preserve any evidence related to the crime, such as witness statements or video footage.

The suspect may be dismissed without consequences. They may receive a fine if they are in a condo. Or they may be banned from a venue or store if they are in a public setting. If the crime is serious, police may charge them for breaking a law.
 

    
Conclusion

While security guards have several rights and responsibilities when carrying out their duties, they do not have law enforcement authority.

If they witness something that could be considered a crime, they may make a citizen’s arrest. However, if a person or situation becomes dangerous, guards should also call the police.