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April 24, 2025

What Security Guards Can and Can’t Do in California

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

Understanding what security guards can and can’t do in California is essential for residents, businesses, and security companies. Security guards play a crucial role in maintaining safety, but their authority has legal boundaries that must not be crossed. This guide explores those boundaries, what happens when they are overstepped, and steps you can take if a security guard has wronged you.

Knowing your rights is crucial in these situations, as misunderstanding what security personnel can and cannot do could lead to unnecessary confrontations or legal repercussions. Pointer and Buelna, LLP – Lawyers For The People can help clarify your legal rights and options. Contact a Security Guard Assault Lawyer in California today.

What Can Security Guards Legally Do in California?

Security guards protect property and people but aren’t law enforcement. State laws and employer policies restrict their authority.

Here are some key things security guards are legally allowed to do:

Observe and Report

A security guard’s primary responsibility is prevention. They are trained to observe incidents and report them to law enforcement authorities. While they can document suspicious activities, they cannot enforce the law themselves.

Ask Questions on Private Property

Guards are allowed to ask questions, ask unauthorized visitors to leave, and request identification. They are not allowed to force individuals to answer, show identification, or detain people for no reason.

Perform a Citizen’s Arrest

They can arrest someone only when witnessing a crime, notify law enforcement immediately, and ensure their rights are respected; a wrongful arrest can have serious legal consequences.

Detain Suspects Temporarily

They may hold individuals until police arrive, but prolonged detention without legal justification can lead to serious legal consequences and potential liability.

What Security Guards Can’t Do Legally in California

While guards have certain rights, strict rules exist to prevent misuse of authority and protect public safety.

Security guards cannot:

Impersonate Police

Wearing police-like uniforms, carrying similar weapons, or using official-looking badges to mislead the public is illegal. It can lead to criminal charges, fines, and even civil lawsuits for impersonation.

Arrest for Misdemeanors They Didn’t Witness

They can arrest someone only upon directly witnessing a crime, ensuring compliance with legal procedures and notifying law enforcement immediately to avoid liability.

Search Without Consent

They can’t search through individuals or their property unless they have probable cause, a warrant, or the person voluntarily consents.

Use Excessive Force

Guards are prohibited from using unnecessary or excessive physical force, including deadly weapons, except in extreme circumstances where lives are at risk.

Hold Individuals Indefinitely

Detentions must be brief, involve law enforcement, and follow legal procedures. Unlawful detainment can be considered false imprisonment, leading to legal action and financial penalties.

When Can a Security Guard Be Liable for Overstepping Legal Boundaries?

Security guards can be held accountable for their actions if they exceed authority or fail to follow legal protocols. Common scenarios that may result in liability include:

• False Arrest or Detention: Holding someone without reasonable cause or exceeding the permissible detention time. 
• Excessive Use of Force: Using physical force when it is unnecessary or disproportionate to the situation. 
• Discrimination or Harassment: Targeting someone based on race, gender, or other protected characteristic.
• Unlawful Searches: Searching without consent or probable cause. 

Victims of such incidents can file lawsuits against the guard, their employer, or both, seeking damages for harm suffered.

What Should You Do If You’ve Been Assaulted by a Security Guard in California?

Being attacked, wrongfully detained, or subjected to unlawful behavior by a security guard requires immediate action:

1. Document the Incident: Record details of what happened, including names, descriptions, and contact information for witnesses.
2. Seek Medical Attention: If physically harmed, visit a medical provider and obtain documentation of your injuries.
3. Contact Law Enforcement: File a police report, especially in cases involving physical assault or serious misconduct.
4. File a Complaint with the BSIS (Bureau of Security and Investigative Services): You can complete a complaint form against the security guard or their company, then mail it to the Bureau.
5. Consult with an Attorney: A Security Guard Assault Lawyer in California can assess your case and guide you on the best action.

Why Hiring an Attorney is Important in Security Guard Assault Cases

Dealing with the aftermath of an assault by a security guard can be overwhelming. A lawyer can help you understand what security guards can and can’t do in California, gather evidence, and negotiate on your behalf. Legal representation ensures fair compensation and holds the responsible parties accountable.

For a free consultation, contact Pointer and Buelna, LLP – Lawyers For The People at (510) 929-5400.