For business owners and property managers
What can a security guard legally do in California?
Short answer
A California security guard has the same powers as any private person. They can observe and report, ask people to leave private property, and make a private person's arrest under Penal Code 837. Retail guards may detain a suspected shoplifter for a reasonable time under Penal Code 490.5. They cannot act as police, search people, or use unreasonable force.
Powers
- Protect people and property on the client's premises
- Refuse entry and ask people to leave on the owner's behalf
- Private person's arrest for a crime committed in their presence, or a felony they have reasonable cause to believe the person committed
- In retail, the merchant's privilege to detain on probable cause of theft, for a reasonable time and in a reasonable manner
- Reasonable force in defense of self or others
Limits
- No police powers and no uniforms or badges that imitate a police agency
- No searches without consent
- No detaining people for questioning without grounds
- A firearm or baton only with the specific state permit for it
What that means for you
A guard's job is to deter, notice, document and call law enforcement early. Companies that promise their guards will "handle it" physically are creating liability for you. Ours work from written post orders that spell out what to do and when to call police. See security guard services.
This is general information from a security company, not legal advice. Laws change and details matter, so confirm anything important with your attorney.
Talk to the owner, not a call center.
Call any hour. Michael or a supervisor answers, asks a few questions, and you have a written quote within about two hours.