February 17, 2025
Can Security Guards Arrest You in California?
Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer
Can security guards arrest you in California? well, the answer is not that simple. No, security guards are not law enforcement officers, and they cannot arrest like the police. But in certain conditions, they can make a citizen’s arrest, just as any private citizen would. This understanding helps to protect your rights. Pointer and Buelna, LLP—Lawyers For The People helps victims of security misconduct seek justice.
Can Security Guards Arrest You in California?
No, security guards in California do not have arrest powers beyond that of a citizen’s arrest. They can only detain someone if they personally witness a crime occurring. California law requires security guards to immediately notify law enforcement after detaining someone.
What Security Guards Can Legally Do in California
Observing and Reporting Incidents
Security guards also monitor premises for suspicious events and call police and property owners about the occurrence.
Requesting Identification
If you are on private property, guards may ask you to produce your ID, but you do not have to comply unless a crime occurs.
Protecting Property Within Designated Areas
Guards may legally remove trespassers from premises detailing any property rules but not physically touch anyone to make them leave.
Performing Citizen’s Arrests Under Specific Conditions
Guards can only detain someone if they witness a crime, using reasonable force, and must call the police immediately.
Carrying Non-Lethal Weapons (Pepper Spray, Batons)
Security guards can carry pepper spray or batons but must have proper training and certification through the Bureau of Security and Investigative Services (BSIS).
What Security Guards Cannot Do in California
Making Arrests Beyond the Scope of Citizen’s Arrest
Security guards cannot detain someone unless they witness a crime. False imprisonment can lead to legal consequences.
Using Excessive Force During Interactions
No, security guards can’t apply more force than necessary. California law only allows reasonable force during the arrest of someone.
Conducting Searches Without Consent
Security guards cannot search you or any of your property without permission.
Exercising Off-Site Authority
No, security guards have no off-site authority other than in the area they have been hired to police.
Engaging in Racial Profiling or Discrimination
No, racial profiling or discrimination is against the law and can lead to lawsuits or criminal charges.
Legal Consequences for Security Guards Who Violate the Law
Penalties for Unauthorized Arrests or Use of Force
Any security guard who arrests someone illegally or uses excessive force can be charged with a crime under California Penal Code 835.
Liability for Violating Civil Rights
The victim can file a lawsuit for damages against the guard and the employer.
Employer Responsibilities for Security Guard Misconduct
Businesses should appropriately train the guards or risk civil liability for the actions of their employees.
Arrested by a Security Guard? Contact us for Legal Support in California
If you have been wrongfully detained or mistreated by a security guard, you may have legal options. Our Security Guard Assault Lawyers in California help victims fight for justice. Call us today at (510) 929-5400 or schedule a free consultation here.
Adanté Pointer
Pointer has received numerous awards and honors. He has been selected as the “Nations Best Advocate” by the National Bar Association, a “Superlawyer” in 2021 by Superlawyers Magazine and was recently featured as being “the Best Civil Rights Lawyer You May Not Have Heard Of” by the East Bay Express.
Years of Experience: 16+ years
