Security guards have a lot to consider in their roles. Various duties and obligations all play a part in performing your job correctly, safely, and ethically.
However, one of the most important considerations is understanding the legal responsibilities and limitations of security guards. There are strict laws you must follow, and you need to know exactly what you’re permitted to do and what’s off-limits. Otherwise, you could end up facing serious legal consequences.
Let’s break down your key legal responsibilities, limitations to be aware of, and the potential consequences of exceeding these limitations.
Legal Responsibilities of Security Guards
When you’re on duty and assigned to a specific post, while you won’t have the same legal responsibilities as police officers, you’ll still be legally obligated to protect individuals and property.
General Duty of Care
Duty of care is the legal obligation that requires security guards to adhere to a reasonable standard of care while performing their duties. This means avoiding careless actions or negligence that could potentially harm others or put them at risk.
When posted, your duties will include:
- Surveilling the area for possible criminal activities
- Maintaining order
- Responding to security incidents
- Controlling access to a property
Throughout these duties, your duty of care is to ensure that your actions do not cause harm to others, whether intentionally or through negligence. This means:
- Acting reasonably in any situation and not taking actions outside the scope of your authority.
- Being proactive in preventing risks, such as addressing potential hazards or reporting issues before they escalate.
- Ensuring that you follow protocols and company policies designed to maintain the safety of public members, employees, and other individuals you’re hired to protect.
Breach of duty of care falls under negligence, which is a type of unintentional tort. Learn more about unintentional and intentional torts in our liability and legal aspects module.
Duty of Care in California
In California, if an individual is claiming that a security guard breached their duty of care, they must prove several things:
- Existence of Duty: The individual must show that the security guard had a duty to protect them. This would mean the guard was hired to keep them safe, such as if you’re on duty to oversee an event they’re attending.
- Breach of Duty: The individual must prove that the security guard didn’t do their job properly. For example, if you failed to respond to a situation, wasn’t paying attention, or didn’t follow safety protocols, that could be a breach.
- Causation: The individual must show that the guard’s actions (or lack of action) directly caused their injury. This means the harm they experienced happened because of what you did or didn’t do.
- Damages: Finally, the individual must prove that they suffered real harm, like medical bills, lost wages, or pain and suffering, as a result of the guard’s breach of duty.
Reminder: Security guards are restricted to the property or area they are employed to protect. They do not have the authority to enforce laws outside of their designated location, unless specifically authorized.
Duty to Report Incidents
Security guards have a legal and professional responsibility to report incidents such as theft, accidents, property damage, or suspicious activity to the appropriate authorities or management.
Proper reporting and report writing ensure that incidents are documented accurately, which can support investigations, aid legal proceedings, and improve security protocols.
Failing to report an incident can have serious consequences, including legal liability for negligence. For example, if a guard witnesses a crime but does not report it, they could be held responsible for failing to take appropriate action.
In our documentation and report writing module, we cover improvement topics such as effective note-taking, factual report writing, and understanding the legal significance of incident documentation.
Maintenance of Confidentiality and Privacy
Security guards are responsible for respecting individuals’ privacy, especially when handling sensitive information.
During specific duties, you may have access to confidential materials, such as personal records, surveillance footage, incident reports, and access codes. It is your responsibility to handle this information with discretion and ensure it is not disclosed to unauthorized individuals.
Only share sensitive information with those who are authorized to receive it, and avoid discussing private matters in public or with individuals who do not have a legitimate need to know.
Maintaining confidentiality is a legal requirement, not just an ethical obligation.
Security guards must comply with federal and state laws, including the Privacy Act, which governs how personal information is collected, stored, and shared.
You may also sign a Non-Disclosure Agreement (NDA) when working for a security employer to protect company secrets, client information, security protocols, and any other confidential data encountered during your duties.
Legal Limitations of Security Guards
Remember the following key limitations and consider them when on duty to avoid legal repercussions.
Use of Force
Guards are restricted to using only the amount of force necessary to protect themselves or others.
In our appropriate use of force module, we discuss the limits of force for security guards and provide alternatives to physical force, such as de-escalation techniques and threat mitigation tactics.
In some cases, you may need to use force, such as when protecting yourself or members of the public from immediate harm.
For self-defense, security guards have the same rights as private citizens. You can defend yourself and others when faced with an imminent threat of harm.
However, self-defense is not justified in situations where:
- You provoke an attack.
- You use deadly force against someone who is fleeing and no longer a threat.
- You engage in a fight that both parties have mutually agreed to.
Similarly, a security officer is permitted to use lethal force only when a suspect presents an immediate and severe threat of death to the officer or others.
You must remember to use only the amount of force that is reasonable and necessary for the situation and take a non-lethal approach whenever possible.
Arrests
Unlike law enforcement, security officers do not have special arrest powers beyond those of private citizens.
For instance, according to California Penal Code Section 837, a security officer can arrest someone if:
- They witness a crime being committed or attempted.
- A felony has occurred, and they have reasonable cause to believe the suspect committed it.
- They know with certainty that a suspect committed a felony, even if they didn’t personally witness it.
Remember, you cannot arrest someone based on suspicion alone. There must be reasonable cause or direct knowledge of a felony.
For a warrantless arrest under Penal Code 836, a reasonable cause is required, meaning that you must have a strong suspicion that a crime has been committed.
When it comes to arrests for misdemeanors, security guards can only make an arrest if they witness the crime firsthand. No exceptions. If you didn’t see it, you can’t act.
Once an arrest is made, reasonable force can be used to prevent escape or overcome resistance.
Detainment
Detainment is different from an arrest and refers to temporarily holding a person based on reasonable suspicion, like detaining a suspected shoplifter until the police arrive.
You also have legal limitations regarding detainment, so be always aware of these key considerations:
- You must have a valid reason to detain someone, such as witnessing suspicious behavior.
- Detainment does not include physical restraint like handcuffing unless the suspect becomes violent and state laws allow it.
- Detainment is temporary, and you should contact the police immediately after detaining someone.
- Prolonged detainment without police involvement may be unlawful and could be considered false imprisonment.
- Holding someone against their will without proper justification can lead to civil and criminal liability.
Keep in mind that laws vary by state, and some have strict regulations on how private security can detain individuals
Search and Seizure
The Fourth Amendment protects individuals from unreasonable searches and seizures, ensuring the right to be secure in their homes and personal effects. Therefore, security guards cannot search individuals or their belongings without consent or probable cause.
According to the Exclusionary Rule, if evidence is collected through an unlawful search, it is considered “tainted” and may be excluded from court proceedings.
For security guards, this means that if they conduct a search without proper cause, the evidence they find during that search could be thrown out if the case goes to trial.
For example, if you search someone’s bag without consent or a valid reason and find illegal items, those items can’t be used as evidence against the person in court because the search wasn’t done legally.
You can request the return of stolen items and search bags or handbags, but you can’t search clothing or personal items unless there’s a clear cause.
Pat-down searches can be conducted if there’s a legitimate concern for safety, such as checking for weapons.
In our searches and seizures module, we go into more detail on immunity and relevant laws, such as shopkeepers’ privilege, to give you a comprehensive understanding of your legal limitations when searching individuals and seizing items.
Carrying and Using Weapons
Depending on your employer’s policies and the client’s preferences, you may be authorized to carry non-lethal weapons such as batons, tasers, and pepper spray as part of your security guard equipment.
However, in many states, security guards must complete certification and obtain permits before carrying or using non-lethal weapons. So, if you only have an unarmed security guard license, you are not allowed to carry or use any of these weapons.
In most cases, security guards are not authorized to carry firearms unless they have undergone specific training and obtained the necessary licenses.
Consequences of Exceeding Legal Limits
Exceeding your legal limitations can have serious consequences, including:
- Criminal penalties: Overstepping legal boundaries, such as using excessive force or unlawfully detaining someone, can result in criminal charges like assault, battery, or false imprisonment. If you’re convicted, you could be fined and/or imprisoned.
- Civil liability: If your actions lead to harm, such as wrongful detention or damage to property, they may be sued for damages, resulting in high lawyer and settlement expenses.
- Company liabilities: Your security employer can also be held liable for your actions. They may face lawsuits of their own and financial penalties, causing long-term damage to their reputation.
- Employment consequences: You may be subject to disciplinary action from your employer, such as suspension and termination. You could even have your security license revoked.
Remain Aware of Your Legal Responsibilities and Limitations When on Duty
There’s a lot you need to learn to become a proficient and respected security guard in the U.S. One of the most important steps is understanding your legal responsibilities and limitations.
Otherwise, you could land yourself in a lot of trouble and even risk the safety of the people you were hired to protect.
It’s also an ongoing process, as laws can change over time. If you switch between companies or clients, you may find that your responsibilities and limitations shift slightly as well.
Make sure you’re updated with all the regulations with our security guard modules. Check out our full list of courses and enroll today to begin learning at your own pace.
For security guard employers, steer clear of liability issues by keeping your staff well-trained and knowledgeable.
“Ignorance of the law excuses no one”