People all too often likely believe that a security guard has limited or no arrest power. While the primary responsibility of the officer does not often exceed the directive to "Observe and Report", he does posses the right to effect an arrest if necessary.
Oftentimes the officer's right to arrest does not exceed the arrest powers of the average citizen. Known as the citizens arrest this legal principle states that a citizen may make an arrest pursuant to certain circumstance. Though these circumstances may vary from jurisdiction to jurisdiction they generally allow the guard to place an individual under arrest in the event the guard witnesses the commission of a felony. The guard may also arrest an individual if another person informs the guard of the individual's commission of a felony.
What constitutes a felony offense? Here is an easy rule of thumb for distinguishing a felony from a misdemeanor. Felony offenses are punishable by a year or more in state prison. The crimes are more significant in nature than a misdemeanor although the differential may be nuanced. For instance, someone who steals $500 worth of merchandise may be guilty of a felony while the theft of $499 amounts to a misdemeanor.
The arrest powers of the guard are not limited to felony offenses. He can also make an arrest if he personally witnesses the commission of a misdemeanor.
Does the officer have any legal requirements when he places a person under citizens arrest?
Again this may vary from location to location. In California, subject to certain exemption, the guard must inform the arrestee of the intention to arrest him and upon request must inform the arrestee of the offense for which the arrest has been effected.
Most officers are likely trained to avoid these types of arrests whenever possible. An officer who mistakenly arrests a person risks bringing civil liability to his employer. Prior to instigating an arrest of this type the officer must be sure of the merits of the arrest. As the reader might imagine this serves to powerfully disincentivize the officer from making the arrest unless he has absolutely zero doubt about the merits.
Certain security guards are endowed with detention powers in addition to the arrest power described in this article. For example, some of the security guards licensed by the City of Kansas City Missouri hold the right to detain a person pending temporary investigation. In many jurisdictions only law enforcement officers maintain this important legal power. The right to temporarily detain provides the security guard with the ability to hold a suspect while he determines if there are suitable grounds for an arrest to occur. This mitigates some of the liability and allows the guard to be much more proactive. The power can only be used on the guard assigned property or off the property when pursuing a fleeing subject.
The right to arrest lies within the purview of the security guard. However its use is generally deferred unless the guard has little doubt about the circumstances surround the arrest.
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