Table of Contents
Can store security arrest you?
In general, a store security guard can only detain a suspected thief if they have probable cause that a theft crime, such as shoplifting, was committed. Alternatively, if you are a store security guard who is being sued for unlawfully detaining a suspected shoplifter, you should hire a lawyer to represent you in court.
What are security guards allowed to do?
Like any other civilian, security guards are permitted to perform a citizen’s arrest as long as they have reasonable grounds for suspicion of the person they are planning to arrest. But, there are specific conditions that the circumstances must meet in order for the arrest to be legal.
Can a security guard ban you from a store?
Security guards have no more legal powers than any other member of the public. They have to obtain your consent before they search you, and if you do not give it you are free to walk away. A shop can legally ban you from the premises without evidence of a crime since private firms can choose who they do business with.
What happens when a security guard unreasonably detains you?
When a security guard unreasonably detains you, it opens the door to litigation on your part against that security guard. You may be able to sue for false arrest, assault, excessive use of force, malicious prosecution, or false imprisonment, depending on the circumstances of your detention.
In a nutshell, a security guards at a store or a shopping mall has the authority to detain someone in those situations where, according to their judgment, probable cause exists that shoplifting or some other crime has been committed.
When is a security guard entitled to take away a weapon?
If the person arrested has a weapon then the guard is entitled to take it away. Use reasonable force: If, while carrying out their duties, a security guard is required to use force against a person to ensure the safety of others and/or property, then it has to be reasonable and justified.
Can a security guard legally arrest you?
A security guard, just like a private citizen, has the power to invoke the Citizens Arrest clause, and legally arrest a person who is in the act of committing a crime. Even so, it’s always best to contact the local authorities as soon as possible, so they can arrive at the scene to proceed with a formal arrest.