Arrest Power of Private Security Guards

Private security guards can be found everywhere: large corporations, departments stores, schools, charity organizations, tobacco shops and even churches hire private security firms to provide them with ’round-the-clock security for their premises. But power do security guards have to make arrests, and how important is their role in the safety of private citizens?

Experts estimate that there are at least three security guards in America for every police officer. Security guards play an integral role in the protection of citizens and of private property. Although security guards are not police officers, they do have more rights when it comes to detaining and arresting suspects than do private citizens, though complications do happen.

First of all, most security guards (with the exception of peace officers) are armed and carry much of the same equipment that cops carry. They have batons, radios, extra magazines and handcuffs. Many drive cars marked with “Security” on the sides and wear uniforms that closely resemble those of police officers.

In some counties nationwide, security guards are afforded the right not only to detail suspects, but to arrest them, filling out an arrest report similar to one that a police officer would file. Some states also allow security guards to issue parking and traffic tickets.

The increase in the arrest power of private security guards can be attributed mainly to the rise in crime. Police departments cannot spare officers for private detail unless a verifiable death threat has been made or there is sufficient reason to suspect that the life of a private citizen is in danger. Security guards and private investigation firms pick up the slack, protecting citizens and businesses from misdemeanors like trespass.

The arrest powers of private security guards is limited, however, and there have been infractions where a security guard exceeded his powers and landed in jail or in the defendant’s seat of a civil suit. There is something to be said for the “power plays” that sometimes affect those who wear uniforms, and many security guards have overstepped their bounds.

For private citizens, it is usually best to treat security guards like police officers. Be respectful and forthcoming, and never fight back. If you feel that a security guard is exceeding his or her power, simply comply with whatever you are told to do and file an official complaint later on. It is never advisable to take on an armed person, regardless of whether or not you feel you’re being mistreated.

It is expected that in the years to come, private security guards may be infused with even further power to arrest and detain. If crime continues to escalate and law enforcement officers are not able to keep up, the hiring of private security guards may be the only option.

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