Anonymous
Anonymous asked in Politics & GovernmentLaw Enforcement & Police · 1 decade ago

Can a security guard for a mall or office building detain you (until the police arrive) if you are trespassing

Can a security guard for a mall or office building detain you (until the police arrive) if you are tresspassing or accessing restricted areas?

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  • 1 decade ago
    Favorite Answer

    Can they detain you? Absotively, posilutely... Most states it is called a citizen's arrest. They can also use reasonable force to overcome you attempt to defeat the arrest (that's why they get the cool pepperspray, taser, etc).

    Most employers for private security aren't that thrilled about their guys and gals making arrests as it does expose them to liability if the arrest is later deemed unlawful.

    The most irritating thing about making regular police officer arrests was when someone thought they knew the law and wanted to argue with me over it. I can only imagine that a security guard would get even more lip than we did as police officers.

    I can't count the number of times I was told that person would have my badge, etc. So, if you are detained, it really is smarter to be quiet and cooperative because if you're decent, you might get a break when the regular cops do show up.

    I have talked a few people out of arresting someone when it really was borderline on whether or not they had reason to believe the person detained was breaking the law, etc.

    So, good luck, but take it for what its worth from someone who's been there on the other side of the table, cooperation usually goes a long, long way, regardless of how right you think you are!

    Source(s): 21 years as a police officer.
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  • 1 decade ago

    Yes he can detain you. Detain being the key word. If they do detain you, they don't have to read you your rights or anything like that, because you are not under arrest. Anytime you are on private property (property not your own) you willingly submit to the rules of that property.

    The security guard is working for the owner of the property, therefore has the right to detain you. However, if you were wrongfully detained, (didn't do anything wrong), legal action can be taken.

    Any farther than this and my head will explode. If you get to the wrongful part, talk to a shark, I mean lawyer.

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  • Jeff F
    Lv 4
    1 decade ago

    Yes, actually they can. The mall is private property and the security guards are there to keep the property safe and damage free. If you are trespassing they can detain you until the police arrive to arrest you.

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  • Anonymous
    4 years ago

    In the UK you can use sufficient force to arrest someone so an arrestable offence would have been committed not just something like trespass.If the suspect is offering no resistance then no they couldn't be handcuffed by a security guard who is just a member of the public.

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  • WC
    Lv 7
    1 decade ago

    Yes, keeping out tresspassers is part of a security guards job.

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  • 1 decade ago

    Techically yes they can detain you. But there are rules that they must follow in the detention.

    http://www.sarcasticgazette.com

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  • Anonymous
    1 decade ago

    yes i believe so, normal citizens can detain you if you are breaking the law

    Source(s): citizen's arrest
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  • Anonymous
    1 decade ago

    Yep. Probably a regular joe can also. It's called citizens arrest then.

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  • 1 decade ago

    yes

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  • 1 decade ago

    yep

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