Question about security guards?

[Malanthor]

I am not sure if I understand this right. I was at the mall today and my daughter asked me if they were cops. i know they are not but i have a couple of questions.

My question is how much power do security guards have? can they detain me if they feel i have done something wrong? do they have the power to arrest me?

I don't think that they can arrest me but i am not sure about being detained. i am pretty sure some one out there know this answer.

[single6]

Malanthor---My question is how much power do security guards have? can they detain me if they feel i have done something wrong? do they have the power to arrest me?--- Yes, they can search you even just on suspicion because they are working at the behest of their employer and detain you if they have reason until police arrive. There is also the fragile balance of hacking off customers for them to worry about from their employer
---do they have the power to arrest me? --- Yes, basically Citizens Arrest.

[Ten*K]

which means no.

I worked in store security (eye in the sky, not dooshbags with smokey-bear caps), and (as store security) you are in fact a private citizen working for a private company.

scenario...

an employee of a sporting-goods store calls mall security because she thinks you pilfered a set of moisture wicking underwear. security approaches you as you leave the premises and asks "sir, would you please come with me?"

you say "piss off, wanker" and leave, get in your car, and drive off.

they follow you to your car, take down your vehicle info while calling the local PD. that's all they are allowed to do.

grab you, restrain you, put you in a room and prevent you from leaving.... all illegal.

[LittleRedToyota]

Yes, they can search you even just on suspicion because they are working at the behest of their employer and detain you if they have reason until police arrive.

they cannot search or detain you merely on suspicion. they can only effect a citizens arrest which requires the crime being committed in their presence...not just them having suspicion.

if you have not actually committed a crime and a security guard tries to detain or search you, an appropriate response consists of two words...the first one begins with "f" and the second one is "off". if he actually tries to physically force your detention or search, defend yourself.

as an agent of the private property owner, they can ask you to leave the property, though. and, then, if you do not, you may be trespassing.

[gf45acp]

A security guard, in general has the same powers of arrest the an average citizen has, the citizen's arrest. Most security companies will train their guards to not use this arrest unless ABSOLUTELY needed, as in a murder committed in their presence.
Please remember that in Pa there is the whole private police act, where in the county judge can issue to police powers to a private security guard. The judge is permitted to set his/her own standards as to when they will issue these powers.
There are still some restrictions on what they can do, but in general they can arrest for violations of law that ocure in their presence.
I do not know how prevelent this is in malls, but in the private communities many are going this route.

[paemt]

As stated in the above posts, security guards have the power of citizens arrest.

One thing not noted above:

In PA, a citizens arrest can only be performed if a FELONY has been commited and the person making the arrest MUST HAVE PERSONALLY WITNESSED the felony being commited or the person being arrested is a threat to themselves or others.

As far as detaining. Basically, they can tell you to leave but cannot detain you. Also keep in mind, you can be detained and never be touched. I personally could articulate in court that a security guard, in uniform, standing between me and the exit, had detained me.

Police officers have been successfully sued for detaining a person simply by holding the person's ID.

Can you articulate it in court? That is the question you need to ask before doing anything. That applies to you and the guard.

Hope this helps

[knight0334]

Quite contrary to popular belief, a retailer and their employees may detain someone that they have probable cause to believe a theft has occurred.

And "citizens arrest" is not limited to felonies. Only the use of deadly force for certain felonies while effecting an arrest is.

§ 3929. Retail theft
(d) Detention.--A peace officer, merchant or merchant's employee or an agent under contract with a merchant, who has probable cause to believe that retail theft has occurred or is occurring on or about a store or other retail mercantile establishment and who has probable cause to believe that a specific person has committed or is committing the retail theft may detain the suspect in a reasonable manner for a reasonable time on or off the premises for all or any of the following purposes: to require the suspect to identify himself, to verify such identification, to determine whether such suspect has in his possession unpurchased merchandise taken from the mercantile establishment and, if so, to recover such merchandise, to inform a peace officer, or to institute criminal proceedings against the suspect. Such detention shall not impose civil or criminal liability upon the peace officer, merchant, employee, or agent so detaining.

[chrisjames_71]

Quite contrary to popular belief, a retailer and their employees may detain someone that they have probable cause to believe a theft has occurred.

And "citizens arrest" is not limited to felonies. Only the use of deadly force for certain felonies while effecting an arrest is.

Gotta agree with you on this one. I worked retail management for years ( grocery stores: shur fine mkts, a family owned in MD, and then Redner's), and we always would detain the folks till the cops came. And it was NEVER thrown out of court. Used to love watching folks stuff steaks down their pants and then try to walk

[paemt]

As a Security Officer governed over by both State and Federal laws, I can tell you that the education i have received, which is likely more extensive than any other security in the country, says in PA, I can only make a citizens arrest under the circumstances I stated above.

If anyone can find the actual code that governs citizens arrest(which I could not) and can prove to me my schooling was wrong, I will apolguise for my incorrect info.

The retail theft code is VERY specific to RETAIL THEFT.

Here is the only thing I could find regarding general citizens arrest.(PA case law). It clearly states the facts regarding citizens arrest and deadly force while affecting a citizens arrest.

In Commonwealth v. Chermansky, 242 A.2d 237,
239 (Pa. 1968), we reiterated that “[a] private person in fresh pursuit of one who has committed a felony may arrest without a warrant. And in Pennsylvania we have always followed the common law rule that if the felon flees and his arrest cannot be effected without killing him, the killing is justified.”

However, we narrowed the types of felonies for which the rule was applicable and held that:
from this date forward the use of deadly force by a private
person in order to prevent the escape of one who has
committed a felony or has joined or assisted in the commission of a felony is justified only if the felony committed is treason, murder, voluntary manslaughter, mayhem, arson, robbery, common law rape, common law burglary, kidnapping, assault with intent to murder, rape or rob, or a felony which normally causes or threatens death or great bodily harm.

[chrisjames_71]

The retail theft code is VERY specific to RETAIL THEFT.

And the OP was in a RETAIL est when he was asked the question. We gave the RETAIL side answer. Now if he was at Peach Bottom or Three Mile Island and his daughter asked the same question, I wouldn't have answered with my exp working in retail.