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December 26, 2024

Can Security Guards Detain You in California?

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

California security guards have the legal authority to detain someone, but only under specific circumstances. If you’re wondering, “Can security guards detain you?” the answer depends on whether they have probable cause and follow the law. Understanding these limits is critical, especially if you’ve been wrongfully detained or assaulted by a security guard. At Pointer and Buelna, LLP – Lawyers For The People, we help you protect your rights in such situations.

Understanding the Legal Authority of Security Guards in California

Security guards in California are private citizens with limited authority. They can detain someone under a “citizen’s arrest” if they witness a crime, such as a felony or public offense, but they must call the police immediately after that. Governed by the Bureau of Security and Investigative Services (BSIS), security guards must complete strict training and licensing to understand their legal boundaries.

When Can Security Guards Detain You Legally?

Security guards can detain you only if they have probable cause to believe you committed a crime. They must witness the offense or have strong evidence, like security footage, and the detention must be brief and without excessive force. Under California law, guards must report incidents like shoplifting to law enforcement immediately. Failing to involve the police promptly may render the detention unlawful. 

Can Security Guards Use Force When Detaining Someone?

California security guards can use force only when necessary and reasonable to prevent harm. Excessive or unwarranted force can result in criminal charges, such as assault or battery. Under California Penal Code § 198, force is permitted for self-defense or protecting others. Any excessive use of force may make the guard or their employer liable for civil damages. 

What to Do if You Are Detained by a Security Guard in Los Angeles

If a security guard detains you, stay calm and ask why you are being held. You have the right to remain silent until law enforcement arrives. Avoid resisting, as it may escalate the situation.

Take note of the following:

• The guard’s name, employer, and license number (required under California regulations).
• Witnesses or evidence of the incident, such as video recordings.
• Any excessive force or inappropriate behavior by the guard.

If you believe the detention violated your rights, contacting a lawyer is the next critical step.

Legal Actions You Can Take if You Were Wrongfully Detained or Assaulted

If a security guard wrongfully detained or assaulted you, you can file a civil lawsuit for false imprisonment, assault, or battery. California law allows victims to seek compensation for emotional distress, medical bills, and lost wages. Employers may also be liable if the guard was untrained or lacked BSIS certification. 

Contact a Security Guard Assault Lawyer in California for a Free Consultation

If you were wrongfully detained or assaulted by a security guard in Los Angeles, you don’t have to navigate the legal system alone. At Pointer and Buelna, we are dedicated to holding security companies accountable for unlawful behavior. Call us at (510) 929-5400 or schedule a free consultation today to discuss your case.