12-05-2009, 01:56 AM #1
Can a security guard legally handcuff someone?
I was just wondering if Security Guards, whether they work for a law enforcement agency, or a private company, or work somewhere like a mall, are at any time allowed to handcuff someone until police arrive? If so, under what circumstances? For instance if there was a fight and someone continues to fight with security, would they be allowed to handcuff them until Police arrived?
I'm just wondering because I always see mall security and such carrying handcuffs, and I know security doesn't have any law enforcement powers. Thanks.CHICKS DIG IT!!!
12-05-2009, 02:01 AM #2
By where I work, some department stores cuff and hold shoplifters til we come to pick them up and process them."There's only two kinds of people who walk slow in this city... Us and them."
12-05-2009, 02:25 AM #3
It depends on the situation. If someone has committed a breach of the peace or a felony in the view of the security guard, they have the legal right in the state of Texas to arrest the person. Then again, any other citizen in the state has the exact same right.
A rent-a-cop has to be extremely careful about putting cuffs on people though. If they put cuffs on someone for something stupid, they could very well be filed upon for unlawful restraint, a misdemeanor unless the person restrained is under the age of 17, in which it is a felony. Unless you are a LEO acting under power given by the law, be VERY VERY careful about who put put cuffs on. The fuzzy kind doesn't necessarily count.
12-05-2009, 03:02 AM #4
- Join Date
- Apr 2006
Security guard can make a citizens arrest like anyone else. They are to turn the detainee over to an officer. I might let them sign a misdemeanor citation. I believe they are allowed to use reasonable force not including deadly force to detain someone. Now this is all from my state and it could be changed since last time I cared enough to look it up.Where'd you learn that, Cheech? Drug school?
12-05-2009, 08:50 AM #5
12-05-2009, 09:42 AM #6
- Join Date
- Aug 2008
When I used to be a store detective, we cuffed shoplifters. No officers ever gave us a hard time over it.
A few suspects did but that's tough. They would complain to the police, who told them also to shut up.
If you are thinking about keeping a pair of handcuffs with you I advise against cuffing people and making citizens arrests. Any decent officer on this board will tell you the same thing. You are only looking for problems.
12-05-2009, 11:24 AM #7
- Join Date
- Feb 2009
Non Security: Don't cuff for a Citizens Arrest. It's not worth the lawsuit that you are going to face, even if you are right. Of course, if you grab Bin Laden, go ahead and cuff him. Punch him in the mouth, too. Hell, sit on him and **** on him.
12-05-2009, 12:27 PM #8
The following is based on research I've done in college (about 6 years ago) on the private security industry.
Most states allow, to some degree, a private person to make a citizens arrest. Private security officers and gaurds are also private persons. All the states I've researched have shoplifting laws that allow merchants or their agents to detain suspected shoplifters under state laws and hold them for law enforcement. Private security officers, loss prevention or store detectives and other employees are agents of the merchant. Therefore they may detain shoplifter and hold them for law enforcement. At this point is were some states differ in their shoplifting laws. For example GA and FL allow the merchants or their agents to investigate to dispell any suspicions. This may include searching bags for the merchant's property. CA doesn't allow merchants or their agents to search bags but may other wise detain a shoplifter. CA is also the only state I know of that applied the exclussionary rule to private person searches. FL also has a resisting a merchant charge in their statutes and allows farmers to detain subjects stealing their produce.
Most states also give limited liability protection to merchants and their agents against false arrest claims when their actions were otherwise reasonable.
In atleast one state, private security officers are said to "stand in the shoes of the sheriff" (can't remember which state it was from). Most states grant some police powers to some classes of private security officers. Those security officers are often refered to as commisioned security officers, special police or special officers. However their law enforcement powers are restricted to the properties they are assigned to protect and only when they are on duty. If that's not enough, some states (and under some federal laws) have private police. Their police powers and jurisdictions vary from state to state. So yes private security in some situations may legaly and physically handcuff others.
Last edited by westside popo; 12-05-2009 at 12:31 PM.Government does not solve problems; it subsidizes them.
President Ronald Reagan
All we ask is to be let alone.
President Jefferson Davis
12-05-2009, 11:01 PM #9
Its going to vary from state to state, but probably. Look up citizen's arrest and shopkeeper's rights for your state.
That said, company polices and the fear of lawsuits usually dictates handcuffing policy more than legal restrictions.I miss you, Dave.
12-06-2009, 01:46 AM #10
- Join Date
- Sep 2009
- Columbia, South Carolina
In South Carolina, a SLED licensed security guard has the same powers as a deputy sheriff ON THE PROPERTY IN WHICH THEY PROTECT and no where else. This means, they can do more than just handcuff and detain; they may also arrest. I've seen some gated communities in South Carolina that have their own Security that acts like a small police department. They do police reports, write citations from the state's uniform traffic citation, and sign warrants. Only reason they aren't police officers is because their employers are property owner associations, not municipal governments.
12-06-2009, 02:38 AM #11
12-06-2009, 03:42 AM #12
In MN they certainly can.
A lot of times we arrive and they have already arrested and cuffed someone. We transport the arrested party to the jail after the security guard completes a Citizen's Arrest form.
12-06-2009, 03:53 AM #13
12-06-2009, 04:00 AM #14
12-06-2009, 04:27 AM #15
Since you are from Cali, here are some relevant laws from the Penal Code;
835. An arrest is made by an actual restraint of the person, or by
submission to the custody of an officer. The person arrested may be
subjected to such restraint as is reasonable for his arrest and
837. A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not
in his presence.
3. When a felony has been in fact committed, and he has reasonable
cause for believing the person arrested to have committed it.
839. Any person making an arrest may orally summon as many persons
as he deems necessary to aid him therein.
844. To make an arrest, a private person, if the offense is a
felony, and in all cases a peace officer, may break open the door or
window of the house in which the person to be arrested is, or in
which they have reasonable grounds for believing the person to be,
after having demanded admittance and explained the purpose for which
admittance is desired.
845. Any person who has lawfully entered a house for the purpose of
making an arrest, may break open the door or window thereof if
detained therein, when necessary for the purpose of liberating
himself, and an officer may do the same, when necessary for the
purpose of liberating a person who, acting in his aid, lawfully
entered for the purpose of making an arrest, and is detained therein.
846. Any person making an arrest may take from the person arrested
all offensive weapons which he may have about his person, and must
deliver them to the magistrate before whom he is taken.
and from 490.5
(f) (1) A merchant may detain a person for a reasonable time for
the purpose of conducting an investigation in a reasonable manner
whenever the merchant has probable cause to believe the person to be
detained is attempting to unlawfully take or has unlawfully taken
merchandise from the merchant's premises.
A theater owner may detain a person for a reasonable time for the
purpose of conducting an investigation in a reasonable manner
whenever the theater owner has probable cause to believe the person
to be detained is attempting to operate a video recording device
within the premises of a motion picture theater without the authority
of the owner of the theater.
A person employed by a library facility may detain a person for a
reasonable time for the purpose of conducting an investigation in a
reasonable manner whenever the person employed by a library facility
has probable cause to believe the person to be detained is attempting
to unlawfully remove or has unlawfully removed books or library
materials from the premises of the library facility.
(2) In making the detention a merchant, theater owner, or a person
employed by a library facility may use a reasonable amount of
nondeadly force necessary to protect himself or herself and to
prevent escape of the person detained or the loss of tangible or
(3) During the period of detention any items which a merchant or
theater owner, or any items which a person employed by a library
facility has probable cause to believe are unlawfully taken from the
premises of the merchant or library facility, or recorded on theater
premises, and which are in plain view may be examined by the
merchant, theater owner, or person employed by a library facility for
the purposes of ascertaining the ownership thereof.
(4) A merchant, theater owner, a person employed by a library
facility, or an agent thereof, having probable cause to believe the
person detained was attempting to unlawfully take or has taken any
item from the premises, or was attempting to operate a video
recording device within the premises of a motion picture theater
without the authority of the owner of the theater, may request the
person detained to voluntarily surrender the item or recording.
Should the person detained refuse to surrender the recording or item
of which there is probable cause to believe has been recorded on or
unlawfully taken from the premises, or attempted to be recorded or
unlawfully taken from the premises, a limited and reasonable search
may be conducted by those authorized to make the detention in order
to recover the item. Only packages, shopping bags, handbags or other
property in the immediate possession of the person detained, but not
including any clothing worn by the person, may be searched pursuant
to this subdivision. Upon surrender or discovery of the item, the
person detained may also be requested, but may not be required, to
provide adequate proof of his or her true identity.
(5) If any person admitted to a theater in which a motion picture
is to be or is being exhibited, refuses or fails to give or surrender
possession or to cease operation of any video recording device that
the person has brought into or attempts to bring into that theater,
then a theater owner shall have the right to refuse admission to that
person or request that the person leave the premises and shall
thereupon offer to refund and, unless that offer is refused, refund
to that person the price paid by that person for admission to that
theater. If the person thereafter refuses to leave the theater or
cease operation of the video recording device, then the person shall
be deemed to be intentionally interfering with and obstructing those
attempting to carry on a lawful business within the meaning of
(6) A peace officer who accepts custody of a person arrested for
an offense contained in this section may, subsequent to the arrest,
search the person arrested and his or her immediate possessions for
any item or items alleged to have been taken.
(7) In any civil action brought by any person resulting from a
detention or arrest by a merchant, it shall be a defense to such
action that the merchant detaining or arresting such person had
probable cause to believe that the person had stolen or attempted to
steal merchandise and that the merchant acted reasonably under all
In any civil action brought by any person resulting from a
detention or arrest by a theater owner or person employed by a
library facility, it shall be a defense to that action that the
theater owner or person employed by a library facility detaining or
arresting that person had probable cause to believe that the person
was attempting to operate a video recording device within the
premises of a motion picture theater without the authority of the
owner of the theater or had stolen or attempted to steal books or
library materials and that the person employed by a library facility
acted reasonably under all the circumstances.
(g) As used in this section:
(1) "Merchandise" means any personal property, capable of manual
delivery, displayed, held or offered for retail sale by a merchant.
(2) "Merchant" means an owner or operator, and the agent,
consignee, employee, lessee, or officer of an owner or operator, of
any premises used for the retail purchase or sale of any personal
property capable of manual delivery.
(3) "Theater owner" means an owner or operator, and the agent,
employee, consignee, lessee, or officer of an owner or operator, of
any premises used for the exhibition or performance of motion
pictures to the general public.
(4) The terms "book or other library materials" include any book,
plate, picture, photograph, engraving, painting, drawing, map,
newspaper, magazine, pamphlet, broadside, manuscript, document,
letter, public record, microform, sound recording, audiovisual
material in any format, magnetic or other tape, electronic
data-processing record, artifact, or other documentary, written or
printed material regardless of physical form or characteristics, or
any part thereof, belonging to, on loan to, or otherwise in the
custody of a library facility.
(5) The term "library facility" includes any public library; any
library of an educational, historical or eleemosynary institution,
organization or society; any museum; any repository of public
(h) Any library facility shall post at its entrance and exit a
conspicuous sign to read as follows:
"IN ORDER TO PREVENT THE THEFT OF BOOKS AND LIBRARY MATERIALS,
STATE LAW AUTHORIZES THE DETENTION FOR A REASONABLE PERIOD OF ANY
PERSON USING THESE FACILITIES SUSPECTED OF COMMITTING "LIBRARY THEFT"
(PENAL CODE SECTION 490.5)."Today's Quote:
"Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves."
12-06-2009, 12:40 PM #16
Uniformed security or LP are nothing more than citizens making arrests to protect the interests of the property they're assigned to.I'm 10-8 like a shark in a sea of crime..
12-06-2009, 03:37 PM #17
Section 837 of the California Penal Code allows a private person to arrest another individual under a number of circumstances.
Section 835 of the California Penal Code states that an arrest is made by an actual restraint of the person. It also says the person arrested may be subjected to such restraint as is reasonable for his arrest and detention. This includes the use of handcuffs.Going too far is half the pleasure of not getting anywhere
12-06-2009, 05:38 PM #18
- Join Date
- Apr 2008
- The only town split between three counties.
12-07-2009, 03:32 PM #19
- Join Date
- Aug 2002
- AZ USA
AS you can tell, cuffing someone is no easy matter, legally or physically. I used to have some pictures of an officer badly cut up when the outlaw broke away with only one hand cuffed, and used the open cuff like a knife.
Plus any lawyer will claim his client suffered a soft tissue injury (does not show on X-rays) when you mis-applied the cuffs: "Hello lawsuit, Goodbye savings, house, future."
In other words, don't use cuffs without training - no training, leave them at home."A man who has nothing which he cares about more than he does about his personal safety is a miserable creature who has no chance of being free, unless made and kept so by the existing of better men than himself."
John Stuart Mill
12-07-2009, 03:52 PM #20
You can cuff em' in Colorado. But yes, unlike the Police you incur all liability since you are not trained in handcuffing; yes believe it or not we train for weeks on how to handcuff.
06-27-2013, 02:00 PM #21
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