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February 17, 2025

Can Security Guards Touch You in California?

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

If you have ever wondered, can security guards touch you in California?. Here at Pointer and Buelna, LLP—Lawyers for the People—we often get questions regarding what a security guard is legally allowed to do and what they are not, especially regarding physical contact. Know more.

Understanding the Role of Security Guards in California

The Difference Between Security Guards and Law Enforcement

Security guards are not police or any other form of law enforcement. Unlike police, the security guard has very limited legal authority to detain or arrest persons unless a crime is directly witnessed. Their primary responsibility is to safeguard property and people, typically for private employers.

Common Duties and Responsibilities of Security Guards

A security guard’s primary role is to protect people and property on behalf of their employer or client. This includes:

• Preventing incidents through observation.
• Recording and reporting incidents.
• Maintaining a visible presence to deter unlawful behavior.

California Laws Governing Security Guards’ Actions

Overview of California Penal Code Section 490.5

Under California Penal Code Section 490.5, a security guard can detain a suspected thief in limited circumstances. Detention must, however, be reasonable and in conformity with policies. The guard must reasonably believe there has been a theft and may not use excessive force.

Visit: Can Security Guards Detain You in California?

Privacy Protections Under California Civil Code Section 1708.8

California Civil Code Section 1708.8 protects individuals against physical and constructive invasion of privacy. Security guards must respect personal and familial privacy and cannot use invasive tactics to monitor or confront you. Violations can lead to penalties, including fines and damages.

Can Security Guards Touch You in California?

Permissible Use of Force in California

The answer is yes but in narrow circumstances. It is acceptable for security guards to use reasonable force to defend themselves or others or to prevent the suspect from fleeing while committing an offense such as shoplifting. However, such force should not be more than the circumstances require, and it must not escalate without cause.

Situations Where Physical Interaction May Be Justified

Physical interaction is justified when:

• Preventing harm to individuals or property.
• Detaining a suspect committing a crime (e.g., theft).
• When self or others are in immediate danger.

If a guard uses excessive force, they may be held liable for misconduct.

Your Rights During Interactions with Security Guards

Right to Personal Space and Privacy

You have a right to privacy and personal space; security guards can’t invade it without a valid reason.

Right to Be Free from Excessive Force

You also have the right to be free from excessive force. If a security guard causes more physical harm or distress than is necessary, his or her actions may be illegal and actionable in court.

What to Do if You Feel Your Rights Have Been Violated

When you suspect a security guard has acted outside their authority, document the incident in photographs, witness statements, and medical treatment if there is any injury. 

Assaulted by a Security Guard? Contact Us for Legal Support in California

If you have been brutally treated or violated in some way by a security guard, contact our Security Guard Assault Lawyers in California today at (510) 929-5400 for your free consultation and expert guidance tailored to California law.