Did you know? Security guards can deny entry to someone without proper ID and even make a citizen’s arrest under certain conditions — but they can’t perform searches without clear consent. 

Plus, using excessive force could land your business in legal trouble.

Understanding the legal boundaries of what security guards can and can’t do is essential for protecting your business from liability and making sure your team is as effective as it can be. 

In this guide, we’ll cover:

• The limits on searches and detainment
• When a guard can use force — and when they can’t
• Key distinctions between a guard’s authority and that of law enforcement

Let’s get started by explaining what security guards can and can’t do. 
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Wondering what security guards can and can't do?

It's important to note that security personnel aren't the same as police officers. Their roles are different, with each doing their part to keep things safe and secure.

Here's a breakdown of what security personnel bring to the table:

• Deterrence: Security guards act as a powerful deterrent to criminal activity. The mere presence of a uniformed, trained professional discourages potential troublemakers.
  
  It sends a clear message: "This place is monitored, and there are consequences for wrongdoing."

• Eyes and ears on the ground: Security staff are trained to be observant. They patrol a property, identify suspicious activity, and report any concerns. They're the first line of defense, gathering information and escalating situations that require further intervention.

Pro tip: If you’re interested in learning more about security guard management specifically, we recommend you check out our guide with useful tips. 
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Security vs. law enforcement

A common misconception is that security guards have full arrest powers. In most cases, this isn't true. Security personnel are private employees, not public authorities.

Their primary function is to observe, report, and detain suspects until law enforcement arrives. They can only make a citizen's arrest for crimes witnessed firsthand, and even then, the extent of force used must be reasonable.

Security guards operate within specific legal boundaries. They cannot conduct searches without consent or impersonate law enforcement.

Their primary function is to protect property and assets, not to investigate crimes.

Before we dive into the details of what security guards can and can’t do, here’s a table summarizing this information:
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Extra fact: Did you know that in 2024, security guards ranked #13 in Best Social Services Jobs? If, apart from learning about their obligations and limitations, you’d also like to learn about what industry statistics to pay attention to in 2024, read our article on that topic. 
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What security personnel can do

Can security guards detain you? What can security guards do legally? This section will answer those questions and clear up any doubts you may have about the authority that security guards have.
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Remove people from private property

Security personnel are the first line of defense against trespassers on your clients' properties. Here’s a run-through of their authority and limitations in removing people from private property:

• Instruct trespassers to leave: Security guards have the authority to inform trespassers they are on private property and order them to leave. This should be done in a firm but professional manner.

• Detain and question: In some jurisdictions, with proper training and under specific circumstances, security guards can briefly detain a suspected trespasser to ask questions and verify their identity. 
  
  It’s crucial to note that a security guard cannot detain you by using force or other methods used by police, such as handcuffing you, placing you in a holding cell, or using phrases like, “You’re under arrest.”
  
  ‍This is a legal gray area, so it's important to consult with a lawyer to ensure compliance with local laws.

• Escort trespassers off the property: If a trespasser refuses to leave on their own, security guards can physically escort them off the property. This should only be done with minimal force and only if the trespasser is not resisting or posing a threat.
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Important considerations

• 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. 
  
  Any excessive force could result in legal repercussions for the guard and the security company.

• Clearly posted signage stating "No Trespassing" or "Authorized Personnel Only" strengthens your security guards' authority and discourages trespassing in the first place.
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Situations to call the police 

Here are some situations where involving the police is the best course of action:

• Trespasser refuses to leave: If a trespasser becomes belligerent or refuses to leave after a clear and firm request, security guards should call the police to ensure a safe and legal resolution.

• Suspected criminal activity: If a security guard suspects the trespasser is there to commit a crime, such as theft or vandalism, they should immediately call the police.

• Use of force is necessary: As mentioned earlier, if removing the trespasser requires more than minimal force, security guards should disengage and call the police to avoid potential legal issues.

• Uncertain of legal rights: In any situation where a security guard is unsure of their legal authority or the trespassing situation is unclear, err on the side of caution and call the police.
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Request a physical search

The key concept behind navigating the legal boundaries of physical searches is consent-based searches. Security personnel generally cannot perform a physical search on someone unless they willingly agree.

Here's a breakdown of how consent-based searches work for your security team:

• Requesting consent: Train your guards to politely request a search, explaining why it's necessary for security purposes. This could be due to random bag checks at a store exit, security checks at an event entrance, or investigating a potential theft.

• Right to refuse: Be clear that individuals have the right to refuse a search. If someone declines, a guard cannot force them. However, they can:

• Deny entry to the property (if it's a private venue like a concert).
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• Ask the person to leave the premises (like at a retail store).
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• If they suspect a crime is being committed, they can detain the individual and call the police, who may have the authority to conduct a search.
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Examples of common search scenarios

• At store exits, security personnel might request customers to open bags or receipts to verify purchases. This deters shoplifting and helps recover stolen merchandise.

• Large events often have security checkpoints where bags are inspected for prohibited items like weapons or alcohol. This ensures a safer environment for attendees.

• Security guards at construction sites might request workers to show tool bags or briefcases upon exiting the premises to prevent theft of materials or equipment.

Remember: Even with consent, searches should be conducted professionally and respectfully. Train your guards on proper search procedures to minimize any disruption or discomfort.
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Carry weapons

Not all security situations require firepower. However, for high-risk environments or those involving valuable assets, armed security guards provide a crucial layer of defense.

We’ll now share a breakdown of when your security team can be armed, the legalities involved, and why unarmed guards might be a better fit in some cases. 

Let’s take a closer look:

• When the law says YES to guns: The decision to arm your security personnel hinges on legal regulations, which vary significantly by region. 
  
  In most areas, guards carrying firearms will need a special permit issued by a government authority. This often involves a background check and specific training requirements.

• Providing training for carrying weapons: Security guard firearm training goes far beyond marksmanship. It emphasizes de-escalation tactics, safe handling procedures, and the legal use of force.
  
  Guards should know when and how to discharge a weapon, prioritizing public safety in all situations.

Extra tip: Keep in mind that carrying guns means that operational stakes are immediately higher. We encourage you to brush up on some essential security officer safety tips so your personnel is always safe. 
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Refuse entry

Security personnel play a proactive role in safeguarding property. A key tool in their arsenal is the ability to deny entry. This might seem straightforward, but it's a crucial responsibility that requires good judgment and clear communication.

So, who gets bounced? Security personnel can deny entry to a variety of individuals, including:

• Those without proper identification: This applies to anyone entering restricted areas or after-hours periods. Enforcing ID checks ensures only authorized personnel have access.

• People exhibiting suspicious behavior: Security guards are trained to spot red flags. If someone seems intoxicated, aggressive, or lingering near restricted areas for no apparent reason, they can be denied entry.

• Individuals on a blacklist: Some businesses might have a list of unwanted patrons due to past incidents. Security personnel can check IDs against this list and prevent them from entering.

• Those who haven't paid the entry fee (for events): Security plays a vital role in ensuring only authorized attendees gain access to paid events. This helps maintain order and prevents overcrowding.

Why refusal of entry matters:

Denying entry is a preventative measure. By keeping out unwanted individuals, security personnel can reduce the risk of theft or vandalism, maintain a safe environment, and protect people and property.
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Perform a citizen’s arrest

A citizen's arrest is the detainment of a suspect by a private citizen, like one of your security officers, if they witness a crime in progress. It allows them to hold the suspect until the police arrive.

In some situations, security personnel may be authorized to perform a citizen's arrest. However, this is a powerful legal tool with limitations, so it's crucial to understand when and how it can be used responsibly.

Conditions for citizen's arrest:

• Witnessing a crime: Security guards can only arrest a citizen if they witness a crime happening in their presence. This can include misdemeanors or felonies, depending on local laws.

• Reasonable belief: They must have a reasonable belief that the person they're arresting committed the crime. This means having enough evidence to convince a reasonable person that a crime occurred. Mere suspicion is not enough.

• Preventing escape: The primary purpose of a citizen's arrest is to detain the suspect until the police arrive.

Limitations of citizen’s arrest: 

• Use of force: Similar to trespasser removal, security guards can only use minimal force to detain the suspect during a citizen's arrest. This means no handcuffs or weapons unless necessary to protect themselves or others.

• False imprisonment: A wrongful citizen's arrest can lead to false imprisonment charges against the security guard and the security company.
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What happens when your security guard makes a citizen’s arrest?

• Once the suspect is detained, security guards should identify themselves and explain the reason for the arrest.

• They should then contact the police immediately. The top priority is to have the police take custody of the suspect as soon as possible.

• If possible, security guards should try to preserve any evidence related to the crime, such as witness statements or video footage.
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What security personnel can’t do

Security personnel are a valuable asset in maintaining order and deterring crime, but it's important to understand the limitations of their role. Here's a breakdown of key things security personnel cannot do:
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Search for someone without their consent

Security personnel must have clear, verbal consent before conducting any pat-down or search of a person or their belongings. This includes backpacks, purses, briefcases, and clothing.  

If someone refuses a search, security personnel must respect their decision.

In situations where the security guard suspects a crime is being committed or about to occur, they should contact the police immediately.

Law enforcement officers have the authority to conduct searches with probable cause.

Actionable tip: Develop clear and concise policies regarding searches for your security personnel. These policies should highlight the need for consent, outline the proper procedures for refusing a search, and guide when to escalate to law enforcement.

Regularly train your staff on these policies to minimize the risk of misunderstandings and ensure they act appropriately in all situations.
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Use unbridled force

Security personnel are not substitutes for law enforcement. Their primary function is to deter crime, observe, and report.

The use of force should always be a last resort. When force is necessary, it must be reasonable and proportionate to the threat posed.

Invest in comprehensive training programs that equip your security personnel with de-escalation tactics. This training should focus on:

• Proportionality of force: Security personnel can only use the minimum amount of force necessary to achieve a specific objective. This means avoiding:
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  • Excessive force: Prohibited actions include punches, kicks, chokeholds, or using weapons beyond pepper spray (in jurisdictions where it's legal).
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  • Force against passive individuals: Security guards cannot use force against someone who is not resisting or posing a threat. Their role is to control a situation, not inflict punishment.

• Verbal communication skills: Teaching guards how to diffuse tense situations through clear communication and active listening can significantly reduce the need for physical intervention.

• Identifying precursors to violence: Equipping guards with the ability to recognize signs of escalating behavior allows them to take preventative measures before a situation gets out of hand.

• Crisis intervention techniques: Training your personnel in basic crisis intervention techniques can help them manage situations involving people experiencing emotional distress or mental health issues.

Actionable tip: Implement a clear use-of-force policy that outlines acceptable levels of force for various situations. This policy should reference your de-escalation training protocols and emphasize the importance of documenting every use of force, regardless of severity.
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Detain people indefinitely

Security personnel cannot hold people indefinitely. Their primary function is to detain a suspect until law enforcement arrives to take over the investigation and, if necessary, make an arrest.

Here's how to ensure your company has clear protocols in place:

• Create a policy outlining how long a security guard can detain a suspect. This timeframe should comply with local laws and be based on the specific circumstances (e.g., severity of the suspected offense, potential danger to the guard or others). 

• The policy should also detail the steps security personnel must take during detainment, such as:
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• Securing the scene to prevent further criminal activity or evidence tampering.
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• Preserving any evidence they may have collected, like stolen goods or witness statements.
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• Providing clear and concise communication with the detainee, explaining their rights and the reason for detainment.

Actionable tip: Train your security personnel to immediately contact law enforcement upon detaining a suspect. This notification should include a detailed explanation of the situation, the reason for detainment, and a description of the detainee and any collected evidence.
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Conduct traffic stops

Unlike law enforcement officers, security guards don't have a free hand to enforce the law everywhere. Here's a breakdown of what security personnel can't do in terms of location and public duties:

• Security guards are essentially hired to be mini-guardians for a specific property. Their power to detain, question, or take action applies only within the defined boundaries of that property, whether it's a store, office building, or gated community.
  
  They can't chase a shoplifter down the street or pull over a suspicious vehicle on the public road.

• Enforcing traffic laws and conducting traffic stops is the domain of law enforcement. Security guards simply don't have the authority to pull over vehicles or issue citations for traffic violations.

Actionable tip: Security cameras are a common feature on many properties. Train your personnel to identify potentially helpful footage in case of an incident.

Security guards can also act as witnesses, providing valuable statements to law enforcement regarding suspicious activity or vehicle descriptions.
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What Security Guards Can and Can't Do by Location

Security laws vary by location, which can impact what security guards are authorized to do. Here, we’ll provide a brief but detailed look at the roles, rights, and limitations of security guards in California, the UK, and New Zealand. 

What security guards can and can't do in CaliforniaCalifornia’s strict regulations require security guards to hold a Bureau of Security and Investigative Services (BSIS) license. Key points include:

• Detainment & Arrest: Guards can arrest citizens if they witness a crime, but only with minimal force, and they must contact police promptly. Holding suspects indefinitely or using excessive force is prohibited.
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• Searches: Searches require consent; guards may deny entry if a search is refused on private property but cannot force a search.
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• Weapons: Armed guards need specific permits and training for firearms, batons, or pepper spray.
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• Authority Limits: Guards can deny entry and remove trespassers but must identify as security personnel, not law enforcement.

Pro tip: For more on the dos and don’ts in California, check out our full article on the topic. 
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What security guards can and can't do in the UK

In the UK, security guards must be licensed by the Security Industry Authority (SIA) and have limited authority compared to the police. Here’s what they can do: 

• Detainment & Arrest: Similar to California, guards can detain suspects temporarily after witnessing a crime and must use minimal force.
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• Searches: Consent is required for any search; refusal to consent means guards may deny entry but cannot force a search.
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• Weapons: Firearms are prohibited. Some guards may carry batons with the required training and authorization.
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• Authority Limits: Guards can deny entry and escort individuals off private property but cannot impersonate police.
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What security guards can and can't do in NZ

Regulated by the Private Security Personnel and Private Investigators Act 2010, New Zealand security guards need a Certificate of Approval (CoA). The laws state: 

• Detainment & Arrest: Guards can arrest a citizen if they witness a crime, using minimal force and notifying police immediately.
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• Searches: Like the UK, guards require consent to search and must respect refusals.
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• Weapons: Firearms are generally prohibited, though guards may carry pepper spray or batons with proper permits.
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• Authority Limits: Guards can protect property and remove unauthorized individuals but should defer law enforcement tasks to police.
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Next steps: Manage your security firm with Belfry

Belfry helps forward-thinking security companies to scale their businesses exponentially, streamline operations, and empower their officers.

We built an all-in-one platform specifically designed for security companies to help them handle everything from automated scheduling and payroll to real-time officer tracking and compliance.

Here's how Belfry helps you unlock exponential growth in under 4 weeks:

• Boost efficiency: Features like automatic scheduling help you easily manage call-offs, fill shifts, and forecast labor costs to free up your back office. Then you can focus on what matters most — growing your business.

• Maximize profitability: Effortless billing and labor cost forecasting help you identify areas for improvement and optimize operations for maximum profit.

• Real-time transparency: Keep your clients informed 24/7 with real-time incident notifications and live reports accessible through a user-friendly dashboard. Use it to track officer activity and report trends over time.

• Save scheduling time: 

• Ensure compliance: Stay on top of regulations with auto-verified licenses, automated reports, and easy export for filings.

• Empower officers: Increase productivity with a mobile app for timesheets, reports, and more.

Schedule a Free Demo Today.