What are the legal limitations of a security guard?

Do you ever think about what security guards can and can’t do, like an agent who is looking into the limits of their authority? Knowing what security staff can and can’t do is important for keeping your workplace safe. As you learn more about this, you will discover the laws and rules that govern security guards’ jobs, as well as how they appropriately use their power while following these rules and ethics.

What are the exact duties of security guards, and what can’t they do? If you want to know more about how the power is shifting, keep reading! Security guards are very important for keeping people and things safe.

What Does a Security Guard Do?

A security guard has a lot of different jobs to do. Among other things, their job is to stop crimes, keep an eye out for strange behavior, and lower security risks. They are also responsible for telling the right people when problems happen. Usually, it’s up to the city government to decide how much power security guards have.

Security guards can be put into three different groups based on how much legal power they have:

• Private security guards in California with guns and citizen rights
• Security guards who have certain rights given to them by the local government
• Armed security guards who are also police cops

Legal Limitations of a Security Guard in California

In California, security guards are important for a lot of different kinds of businesses and events, like public places, private homes, and industrial and retail areas. There are limits on their power, though, set by the government so they don’t abuse their position and violate people’s rights. These law boundaries must be known by everyone who works in security, as well as by employers and regular people. This piece gives a complete look at the legal limits on security guards in California. It does this by using relevant data and case studies to back up its claims.

The Role and Responsibilities of Security Guards

The reason for choosing security guards is to keep people, property, and investments safe. The following are some of their main responsibilities:

• Patrolling the property to stop and find signs of trespassing and make sure that doors, windows, and exits are secure.
• To keep the property safe and prevent theft, you need to keep track of who comes and goes from the building, including employees, guests, and other people.
• As part of the job, you have to call the right people in case of an emergency, like a fire or the presence of people who aren’t supposed to be there. You also have to keep records of normal operations and any strange or suspicious events, like damage to equipment or property, theft, or the presence of people who aren’t supposed to be there.
• Moving between customers, guests, and staff to keep the peace and stop damage.
• Even though their jobs are very important, security staff must always follow the law.

Legal Authority of Security Guards in California

Arrest Authority

Police officers in California can make arrests, but security guards in Los Angeles, California cannot. A citizen’s arrest is the only legal way for them to hold someone, and anyone can do it under certain conditions.

• Reasoning: Anyone can arrest someone for a public offense if it happened or was tried in their presence, if they think someone has committed a crime but wasn’t with them, or if they have good reason to believe that someone has committed a felony. Section 837 of the California Penal Code gives this person this power.
• Limits: The guard is required to give the prisoner to a police officer right away. If a security officer detains someone for a long time or uses too much force, both the officer and the boss may face legal consequences.
• In 2017, a claim was filed against an armed security guard in Los Angeles who was accused of keeping and beating a shoplifting suspect without a good reason. The court said that the guard was breaking the law when he used too much force and held the person without calling the police right away.

Using Force

There are strict rules about how security staff can use physical force. Most of the time, they can use fair force to protect themselves or others, stop a crime, or hold a suspect until the police arrive.

• The base of the law: As stated in Section 197 of the Penal Code of California, people have the right to self-defense, which includes the idea of fair force.
• Potential Problems: If the security guard uses too much or the wrong kind of force, they could be charged with a crime. When force is used, it should match the seriousness of the situation and stop when the threat is gone.
• Based on data from the Bureau of Labour Statistics (BLS), about 15% of all complaints in the US are about security guards being too rough. Even though California doesn’t have a lot of easy-to-find statistics, similar trends are seen across the country. This shows how important it is to educate people and follow the rules.

Ranking in Search Engines

An officer of the law in California can check just as well as a security guard. The majority of the time, they can only look for things that are allowed by their employer or that happen in very specific situations.

• Legal Grounds: The California Constitution says that security guards must follow their boss’s rules and respect the person’s right to privacy when they are questioning them.
• Limits: Searches that aren’t allowed or aren’t done with the right permission could lead to harassment or invasion of privacy claims. Employers are responsible for making sure that guards have the right training and know exactly when they can search people.
• Case Study: In 2019, a security guard at a San Francisco mall was sued for checking someone’s things without their permission. The court said the officer’s actions were illegal, which showed how important it is to get permission and respect privacy.

Taking Care of Proof

A lot of the time, security workers have to keep track of or handle evidence related to crimes or events. Still, their main job is to keep things under control at the scene and stop anyone from messing with the evidence until the cops arrive.

• Legal Grounds: Following the rules of the chain of custody is necessary to keep proof in its original form and keep accurate records.
• Limits: Protectors are not allowed to change or taint any proof. Mishandling evidence can hurt the fairness of the legal system and make it more likely that someone will be charged with obstruction of justice.
• As an example of a case study, think about the 2020 conviction of a security guard in San Diego for messing with evidence. Because of the guard’s actions, important evidence was thrown away, which changed the results of the investigation and put both the security company and the guard in legal trouble.

Adherence and Education

To do their jobs legally, security guards must get enough training and follow all the laws that apply. Companies should spend money on training programs that cover everything from the law to search rules to how to handle proof and when to use force.

The California Bureau of Security and Investigative Services (BSIS) did a study that showed security guards who go through ongoing training and licensing programs are 40% less likely to get involved in illegal activities. The importance of continuing education and following the law is made clear by this.

Powers of Security Guards

Okay, so you know what a security guard can and can’t do. Now it’s time to learn about what they can do.

If you think someone is guilty of a crime, you can hold them and use fair force to keep them safe. Handcuffs and pat-downs are two detainment methods that can be used when needed.

You could also make a citizen’s arrest or stop people from leaving the scene of a crime. When you use these skills, you should always do what is right and follow the law.

Before you use force, you should try to communicate and calm down first. Remember that as a security guard, it is your job to keep the people you are responsible for safe and to follow the law.

What security guards can’t do

As a security guard, you need to know the rules and laws that apply to your job. It’s important to keep ethical issues and legal duties in mind as you do your job.

Always remember that you don’t have the right to choke someone, hold them against their will, or use too much force on them. It is also against the law to use rude or frightening language or the wrong way to handcuff someone.

You must understand and follow these rules so that your actions stay within the lines of what is moral and legal.

Best Practices for Training:

• Learning about the law: As part of their training, security guards should learn about the laws that limit their power, like those that cover searches, the use of force, and keeping track of proof.
• Training Based on Situations in the Real World: Through scenario-based training, security guards can get better at making decisions and understanding how legal ideas can be used.
• Continuing Education: Security guards go through ongoing training programs that teach them about new rules and best practices in the business. This makes it less likely that they will break the law.
• Keeping records and turning in papers: To protect proof and their legal rights, security guards should learn how to properly record events and tell their bosses and the police about them.

Duties of the Employer

People who hire security guards need to be very careful that they don’t break the law. These are some of them:

• Organizational Clarity: When security guards work for someone else, they have legal duties that must be spelled out in a clear policy and procedure guidebook. These rules should be made clear to all workers and should be looked over regularly.
• Adequate Supervision: To make sure that security guards are following the law, it is important to regularly watch and supervise them. This will make it easier to find and fix any possible legal problems.
• Having access to a lawyer: Security guards must have access to lawyers so that they can learn and handle tough situations in a way that doesn’t break the law.
• Resolution of Complaints: Employers must have systems in place for dealing with security guard complaints so that claims of legal violations can be quickly looked into and resolved.

To sum up

California’s security guard rules are meant to find a middle ground between the two opposing goals of keeping people safe and protecting their rights. If security guards know and follow these rules, they can do their jobs well and stay out of trouble with the law. Employers can make sure their workers follow the law by giving them full training, clear rules, and enough supervision.

Security guards need to know the line between their duties and the law so they don’t get in trouble, and so they can keep everyone safe. Security guards can help keep things safe and in order while keeping people from getting hurt if they get enough training, follow all the rules, and have strong support systems in place.