mblegal :
Can a security guard at a retail store or other private facility in California legally use force to prevent a guest from breaking a rule? My understanding is that security guards have no more legal power than the average citizen when it comes to law enforcement. They can make a citizen’s arrest and use minimally necessary force to detain someone if they witness a crime or have probable cause to believe a felony occurred. Force can also be used in self-defense or to protect others.
But a rule is not the same as a law. If I (non-forcefully) cut in line at a store checkout counter, enter the fitting room with more items than the store’s posted limit, or refuse to check my bag on entry to a store, for example, I am breaking the store’s rule but not a law. Obviously I’m being obnoxious and uncivil, but I’m not breaking a law.
Even if I ignore the verbal instructions of a store guard, can he do any more than ask me to leave? (And then call the police on me for trespassing if I refuse.)
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I doubt it. But if it happened to me, depending on the severity, I smell a lawsuit!
He can escort you off of the property and sign trespassing charges against you if you return
I would say no cause unless you are stealing he cant do anything to stop until he asks you to leave and if you don’t then he can forcefully make you leave
Well, the guard can use force to keep the peace, and to enforce store rules that might relate to their merchandise — like the refusal to check a bag, and entering the fitting room with more items than the limit. Those are two things that specfically relate to the security of the store and prevent the stealing of merchandise, so I think the guards would get away much easier with asking you to leave, and also calling the fuzz if you refuse. You have to think of it as private property — if someone came to your home and pretty much did anything you didn’t want them to do, you could make them leave and call the cops if they didn’t.
Legally, they can use force, just like you COULD use force if it were in your home, but if it can be dealt with in a more civil way, everyone is happier.
As far as I know, unless the security guard is a police officer acting in the performance of his duties, he cant detain you for anything. He has no arrest powers.
The guard cannot detain you for simply violating a rule. However, the guard can tell you to leave the store. If you refuse, then you are guilty of trespassing. Trespassing is a misdemeanor, and the guard can then make a citizen’s arrest and detain you until the police come.
ok , a guard at any place is a civilian only . you have the same rights and powers as he does. both you and him also fall under the penal law of the state. If you cause a distubance then you can be asked to leave. also then verbal abuse or assault becomes “breach of the peace.” this is where a citizen can take action under law. if a citizen is offended then you have broke the law. you may be asked to leave , you may be given a crimnal trepass warning , you may also be ticketed for disorderly conduct. Best advise be civil about it . because in some states the charge is higher for assault on a security guard.
Go with Mr. Placid’s answer. So far, it’s the only one that’s accurate in everything said.
You can be kicked out of a store by the management, so so can a security guard who’s been given permission by the management to use their better judgment.