What Security Guards Can and Can't Do in California - Complete Guide
This article will help you navigate what security guards can and can’t do in California so you can empower your staff and keep your company running smoothly.
Running a security company is no easy job. It requires a keen eye for detail and a proactive approach to minimizing risks.
One aspect that’s often overlooked is understanding the legal boundaries for security guards in the states you operate within.
Security guard laws can differ from state to state, and not knowing the specifics in each location could land your company in legal trouble.
This article will help you understand what security guards can and can’t do in California. We'll break down the key areas so you can empower your guards and keep your company’s reputation safe.
Defining the security guard's role in California
Security guards play a vital role in maintaining order and safety. They act as watchful eyes and helping hands that maintain a secure environment for people and property.
But what exactly can they do? California security guard laws define their authority and responsibilities. Here's a breakdown of their core duties:
- Observe and report: Security guards are the first line of defense, and vigilance is a key part of this task. They act as keen observers, monitoring everything from security cameras to foot traffic.
If they spot something concerning, they’re required to report it immediately to the appropriate authorities, ensuring a swift response.
- Protect people and property: Security guards go beyond just watching. They can also take proactive measures to safeguard people and property.
This might involve monitoring entrances and exits to deter theft, de-escalating situations to prevent violence, or responding to emergencies by providing first aid or securing the area until help arrives.
- Operating within the law: It's important to understand that security guards have specific legal boundaries in California. While they can intervene in situations, their actions are clearly defined.
We'll explore these boundaries in more detail so you understand the legal framework that governs security guard conduct in the state.
What security guards can legally do in California
As a security company owner in California, ensuring your guards understand their legal authorities is crucial.
This empowers them to perform their duties effectively while adhering to state regulations. It also keeps your business clear of any lawsuits or reputation-damaging incidents.
Here are some key features of California security guard laws:
Carrying firearms, batons, or pepper spray
California has strict guidelines for armed security guards. To carry a firearm, guards must possess a valid Private Security Officer (PSO) Firearm Permit issued by the Bureau of Security and Investigative Services (BSIS).
This permit requires the completion of a rigorous training program that exceeds the basic PSO requirements.
In California, security guards who carry a firearm or baton must obtain additional permits:
- Firearms permit: Requires completion of an 8-hour firearms training course, a psychological assessment, and passing a written exam and shooting range test.
- Baton permit: Requires completion of an 8-hour training course on the proper use of batons, including legal aspects and practical skills.
Here are some common scenarios where a security guard with a BSIS Firearm Permit might be authorized to carry a firearm:
- Cash transport: Guards transporting large sums of cash are at high risk and may require a firearm for protection.
- High-value inventory sites: Security guards at locations with expensive merchandise, like jewelry stores or art galleries, might be authorized to carry firearms as a deterrent against theft.
- Patrols in high-crime areas: Guards patrolling areas with a history of violent crime may benefit from being armed for their own safety and the safety of others.
- Guarding vulnerable individuals: Security guards protecting high-profile individuals or those facing threats may be authorized to carry a firearm.
While security guards in California can carry pepper spray, they must be certified to do so. The certification process involves completing a training course that covers the legal and practical aspects of using pepper spray.
If you’d like more in-depth information about BSIS regulations in California, this regulatory document has everything you need.
Asking for identification
Security guards working on private property have the legal right to request identification for various reasons. This could be to verify age for entry into age-restricted establishments, confirm identity, or prevent any suspicious activity.
It's essential to train your guards on the proper way to ask for ID and to emphasize that they cannot compel someone to show it unless they're suspected of a crime. Clear communication and de-escalation techniques are crucial in these situations.
Observing and reporting
Vigilance is the cornerstone of effective security. Train your guards to be observant of their surroundings and identify potential threats.
This means going beyond a casual glance and actively looking for specific things like:
- Individuals acting suspiciously, loitering in restricted areas, or tampering with property.
- Open doors or windows, signs of forced entry, or damage to buildings or equipment.
- Unusual behavior, unauthorized access attempts, or arguments that could escalate into violence.
Equip them with clear protocols for reporting suspicious activity, ensuring they document details like time, location, and a description of the observed behavior.
This information is vital for creating incident reports and can be critical evidence in legal proceedings.
Maintaining records
Accurate record-keeping is a must for security guards. Instruct them to maintain comprehensive logs throughout their shifts.
These logs should document their observations during patrols, any incidents they encounter, the actions they took, and the time of each event.
You can develop clear and comprehensive templates for incident reports. These forms should prompt guards to capture essential details like date, time, location, and a narrative description of the event.
A security guard management software like Belfry offers mobile apps that allow guards to submit reports electronically from the field. These apps can streamline the reporting process, improve data accuracy, and ensure time-sensitive incidents are documented promptly.
Property protection
Security guards play a vital role in safeguarding property. This can involve setting up physical barriers to control access points, strategically placing security cameras to monitor vulnerable areas, and conducting regular patrols of the premises.
Train your guards on proper access control procedures and how to effectively deter potential criminal activity.
- Regular mobile patrols act as deterrents for crime.
- In cases of shoplifting or vandalism, security guards can detain the suspect until law enforcement arrives.
- Guards can conduct ID verification, manage entry points, and use physical barriers (fences, gates) to restrict unauthorized access.
However, emphasize the importance of using only reasonable force and following clear de-escalation protocols to avoid legal repercussions.
What security guards can’t do in California
Now that we’ve covered what a security guard can do, let’s move on to what they can’t do in the state of California. A clear understanding of their limitations helps you ensure that they operate within the law.
Here's a breakdown of key restrictions:
Use of excessive force
Security guards are not law enforcement officers. Their use of force must be strictly reasonable and necessary to prevent a crime in progress or complete a lawful citizen's arrest. Force should be used to prevent harm and maintain order, rather than to punish or retaliate.
They should always adhere to company policy and follow the law. Here are some reasons why a security guard might use force:
- Detaining trespassers
- Restraining aggressive individuals
- Preventing theft or vandalism
- Protecting themselves or others from harm
- Breaking up fights
- Responding to an active threat
In all of these situations, the security guard should use the minimal amount of force necessary to achieve their goals.
Searches
Security guards in California generally do not have the authority to conduct searches of individuals or their belongings. This includes pat-downs, bag checks, or vehicle searches.
While some government security guards can have authorization for mandatory checks, most situations allow the individual the choice to refuse.
In cases where someone refuses a bag check, it typically arouses suspicion and could result in a guard denying entry to a location, or even alerting law enforcement.
Advise guards to request consent for any searches and, if refused, wait for law enforcement to arrive if necessary.
Making arrests
Security guards cannot formally arrest someone. However, they can detain a suspect they witness committing a crime on the property they are guarding until law enforcement arrives.
Train guards on the specific requirements for a citizen's arrest in California. They must directly witness the entire crime, not just the aftermath, and have a reasonable belief a felony or misdemeanor is being committed.
Although they can make a citizen's arrest, this should always be a last resort. Guards should prioritize their own safety and the safety of others. De-escalation techniques and avoiding confrontation are crucial.
Train guards to identify themselves clearly as security personnel and explain the reason for detainment in a calm and professional manner. They must avoid using phrases like "You're under arrest," which could be misconstrued as impersonating a police officer.
Off-site authority
A security guard's authority is typically limited to the property they are assigned to protect. There is no legal right to pursue or apprehend suspects off-site.
However, if a crime spills over from the property, they can report the incident and provide relevant details to law enforcement.
Scenario-based guidelines
Security on the ground isn't just about memorizing procedures. It's about guards using their judgment and acting professionally in unpredictable situations.
Here are some common scenarios your guards might face, with practical guidelines to ensure they handle them effectively and safely:
Interactions on private property
- Greeting and Identification: Guards should approach individuals with a courteous and professional demeanor. For age-restricted locations, they can politely request identification to verify legal entry.
However, they cannot force someone to show ID unless there's a suspected violation of entry rules or criminal activity.
- Disruptive or intoxicated guests: If a guest becomes disruptive or intoxicated, guards should attempt to de-escalate the situation calmly.
This might involve offering them water, requesting they leave the premises, or separating them from others.
Train guards to document the incident clearly, including the guest's behavior and any warnings issued.
- Removal process: If a guest refuses to leave after being asked, guards should explain the trespassing violation and calmly but firmly request that they leave the premises.
If the person becomes disruptive, they can detain them while calling law enforcement.
Handling emergencies
- Fire emergencies: Train guards on fire safety procedures, including extinguisher use and evacuation routes. During a fire, they should prioritize evacuating the building and calling emergency services immediately.
Conduct regular fire drills with your staff to ensure everyone is familiar with the evacuation plan.
- Medical emergencies: Depending on the situation, guards can be equipped with basic first-aid skills and a first-aid kit.
In a medical emergency, they should call for emergency medical services immediately and, if trained, can provide first aid.
- Active shooter situations: It's crucial to have an active shooter response plan. Train guards to prioritize their safety and the safety of others by taking cover, evacuating if possible, and calling 911 immediately.
Citizen's arrest
Citizen's arrest is a legal right that allows a private person to detain someone they witness committing a crime.
However, it comes with significant limitations and legal risks. Here's what guards need to know:
- The security guard must directly witness the entire crime taking place, not just the aftermath.
- The guard must have a reasonable belief that a felony or misdemeanor is being committed.
- They can only use reasonable force necessary to detain the suspect until law enforcement arrives.
Every security guard in California must complete the "Power to Arrest" training and pass an examination. This course covers the legal implications of making an arrest, the correct use of force, and the responsibilities of a security guard.
Important: Citizen's arrest laws can vary by state. Ensure your guards are familiar with the specific legalities in California and advise them to proceed with caution and only when absolutely necessary.
Next steps — Manage your security firm with Belfry
Now that we’ve covered what security guards can and can’t do in California, let’s talk about how you can scale your security company with smart technology.
Belfry helps security companies to streamline their operations, saving them time and effort to manage their business.
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 saves you time and effort:
- Boost efficiency by 90%: Features like smart scheduling and automatic approvals free up your back office to focus your efforts on what matters most to you.
- 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 time spent on scheduling: Tools to 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.