Has this happened to you before?

Someone accuses your security guard of asking for a bag check or stops them from entering a place.

They’re angry, you’re hearing about it later, and you aren’t sure — did your security guard act appropriately? Are bag checks okay? 

Could you have a potential lawsuit on your hands? This is a common concern for business owners.

You’re thinking about what security guards can and can't do, and you just need some clarity.

Knowing the answers to these questions can prevent unnecessary confusion and maximize your security team's effectiveness while protecting you from liability.

So let's clear up the confusion about what security guards can do legally in this guide.

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Wondering what security guards can and can't do?

Let's get one thing straight: Security personnel are not police officers.

While they play a crucial role in keeping your property and people safe, their authority differs significantly from law enforcement.

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.

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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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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 or 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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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

Navigating the legal boundaries of physical searches can be tricky — the key concept here is consent-based searches.

Security personnel generally cannot perform a physical search on someone unless they willingly agree.

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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).
• Ask the person to leave the premises (like at a retail store).
• 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.
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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. But for high-risk environments or those involving valuable assets, armed security guards provide a crucial layer of defense.

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Here's 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:

• 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.

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Refuse entry

Security personnel aren't just there to react to incidents — they 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.

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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 is 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.

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Why refusal of entry matters:

Denying entry isn't just about following instructions, it's 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.

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Conditions for citizen's arrest:

• Witnessing a crime: Security guards can only make a citizen's arrest 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.

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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 absolutely 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 cannot 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 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.

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Actionable tip: Develop clear and concise policies regarding searches for your security personnel. These policies should emphasize the need for consent, outline the proper procedures for refusing a search, and provide guidance on 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:

• Excessive force: Prohibited actions include punches, kicks, chokeholds, or using weapons beyond pepper spray (in jurisdictions where it's legal).

• 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.
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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 are not substitutes for law enforcement and 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:

• Develop a comprehensive policy outlining the maximum amount of time 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:some text
  • Securing the scene to prevent further criminal activity or evidence tampering.
  • Preserving any evidence they may have collected, like stolen goods or witness statements.
  • Providing clear and concise communication with the detainee, explaining their rights and the reason for detainment.
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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

Security personnel play a vital role in safeguarding clients' property, but it's important to remember their authority has limitations.

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 strictly the domain of law enforcement. Security guards simply don't have the authority to pull over vehicles or issue citations for traffic violations.
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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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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.

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

• Boost efficiency by 90%: Features like smart scheduling and automatic approvals free up your back office to focus on what matters most – growing your business.

• Maximize profitability by 60%: 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 80% of scheduling time: Smart tools manage call-offs, fill shifts, and forecast labor costs.

• 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.

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Schedule a Free Demo Today.