How much authority do security guards have?

Question

My apartments have a team of guards that patrol at night. I understand private property, their rules, if you don't like/obey then you'll be asked to leave and I am fine with that. I'm just curious as to how much authority the guards have.

Can they handcuff and hold you if you haven't committed a crime, only a misdeamnor such as having an open beer or being a drunk minor? And if you tell them you are willing to leave the property?

More importantly, is resisting arrest, running from, or telling off guards illegal in any way?

And before anyone rips me a new one, I don't have a problem with 9/10 of our guards, I don't break any laws, I'm 21 and have the utmost respect for security guards and our management, I'm glad they are here. There is just one paticular guard who seems to have a personal vendetta against myself and friends and complaints to management don't work. So we just want to make sure we aren't breaking any laws before we decide to take matters into our own hands.

Answer 1

I use to be a guard and worked closely w the Police.
Alot of people would tell us we couldn't do anything to them but when we called the cops they would tell them that the private property is OUR ( meaning sec. co.) jurisdiction, we just come to back them up.
They can't cuff you as long as thier is no really physical danger to them or others. Once they put on the cuffs only a cop can take them off, someone i worked with cuff someone for nothing then removed them and got fired.
Don't complain to management, go directly to the source, the security co. and complain to their superiors. They should have a name and # on the vehicles, or look at their patches.

Answer 2

Security Guard Handcuffs

Answer 3

This can be a touchy business all around. Local laws vary on just how much a security guard can do. Mnay may and do restrain lawbreakers until police can be summoned. This could include having an open container or being a minor and drinking. These two, though generally misdemeanor offenses, are crimes and they are punishable. In some cases, security guards have a bit more authority on private property than the police do. You are better off trying to work things out with this one guard than trying to take him on.
Resisting arrest is illegal in most cases. Telling someone off is sketchy because of the possibility of threats or escalation to violence. In most citties, there are stricter penalties for assaulting someone like a security guard. Running from a guard creates suspicion and actually increases the chances that you will be detained. Running is probable cause.

Answer 4

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Security guards have legal authority to detain any person pending notification and response of law enforcement personnel. They have no arrest powers per se, but they are allowed to stop someone from leaving until the police arrive. This can be done by force if necessary, but the security guard will have to articulate why force was necessary. This is above and beyond the powers of 'citizen's arrest' which is a commonlaw priviledge, and not a legal action. In Wisconsin we have no powers of citizen's arrest, but security personnel still have legal authority to detain persons known or suspected of committing a crime. Who can be hired as a security guard depends on the event, the location, and the area of legal jurisdiction. In Wisconsin we have a licensing process for private security personnel. No one with a felony record can be bonded as a security professional. Possession of a weapon while performing security duties requires a person to be bonded, trained, certified and licensed.

Answer 5

I understand were your coming from, there a some (and I'm not speaking for all) Robo Cops out there that want to be a real officer and take things to far. A Guard depending on their Guard Card and Certification have much power and they can hold you against your will. Look at the Guards at the Bank, they have the much power and they carry a gun, they have handcuffs and are authorized to take you down. I know a few guards that are real undercover officers at their other job.

Answer 6

In illinoiswhere i work security if your co. lets you have cuffs if you see a criminal act commited you have full authority to detain said person until the police arrive as to the amount of force they can only use the amount of force nessicary to subdue you if its verbal sec cant take him down unless he threaten you and makes a move towards you , you can might and probably will take him down, top flight o the world craig,but it also depends on the company and the contract, some places want you as a visual deterrant and some places want you actively pursueing arrests and getting the police involed a few times aweek it depends on alot just remember as long as you dont appear as the aggressor youll be fine and never forget that your security company DOESNOT have your back if something goes wrong you are on your own im currently armed part time and loss prevention full time you have to use common sense know the law know what you can and cannot do in ill its aggravatwd battery to hit an s/o

Answer 7

They have the authority to detain if that means to handcuff they have the legal right to do that. Their powers are limited to the same rights as civilians to arrest. Every American citizen has the power to make a citizen's arrest. This practice is not often times used. In some states they have the authority like any other citizen to file for charges against someone at the commissioners office or states attorney's office. They do have limited rights to take away your freedom.

Answer 8

In Missouri, a security guard (while working) has, by law, all the authority that a Police Officer has. This is usually MUCH more limited by the rules of the Security Company, however.

What state are you in?

Answer 9

Abuse of authority is a common practice.
My suggestion is to videotape the transgressions of the aforementioned security guard and submit a copy to the president of the company he works for and another copy to the local TV station. If that dosen't work , you may have to resort to more extreme measures.
Option 2 : Hire an armed bodyguard to deal with the harrassment.

Answer 10

They can basically detain you if they have probable cause to do so. http://www.firstsecurityservices.com/oakland-private-security-guards-services/ Some security guards to seem to have a chip on their shoulder though and overplay or overstate the level of their authority, which it sounds like your guy is doing. Dress nice and speak to management about the issue. They want the place to be safe, not for their tenants to be harassed.