We have all seen media depicting a security guard patrolling around the mall or a jewelry store, or we have probably seen one in real life. Like any personnel enforcing the law, security guards are there to protect and serve, ensuring the safety and security of the business they work for. However, how much power do they actually have? If someone were to shoplift from a store, what can a security guard really do? Well, it might be more than you think.
Remember, a Store Security Guard Is Not the Police
Security guards are not police or law enforcement. They must not do anything to impersonate the police. They are contracted through an individual or business, meaning that while they are to protect their employer, they can not act in ways that a police officer might. This means they can not act like a police officer in order to gain the upper hand or omit the truth about who they are. If they do, this could lead to legal repercussions.
Where Is a Store Security Guard’s Jurisdiction?
Since security guards are hired by third parties, their jurisdiction is not a whole city or county like your average police department. Store security officers’ authority is limited to the property or facility they are hired to work within. So, this could be a select store or the grounds of a mall. If something were to happen outside of that area or if the criminal runs out of their jurisdiction, they are unable to do anything other than call the local authorities. If they go beyond their jurisdiction, it could lead to legal action against them and their employer.
Can a Store Security Guard Use Force or Weapons?
A store security guard is allowed to use “reasonable force” if circumstances arise. Some security guards carry firearms, and those who do are properly trained and likely have a degree in criminal justice or police science. These armed security guards can use lethal force if the situation requires it. However, they still do not have the same authority as the police, and it is best to wait until actual law enforcement arrives. It is crucial that they act with caution and not on impulse.
So, Can You Be Legally Detained by a Store Security Guard?
All of that being said, yes, a store security guard can legally detain you. Under Missouri RSMo Section 537.125, a security guard who has reasonable or probable cause to believe that someone committed or is committing a wrongful taking of money or merchandise may detain them in a reasonable manner for a reasonable length of time. At this time, they must actively investigate whether the crime occurred and call the proper law enforcement to continue the legal arrest. During this investigation, a security guard can not search a person or their property without permission. Overall, a security guard can perform a legal citizen’s arrest, ensuring they are not using excessive force. Once that is done, 911 must be called.
As the person being detained, you have the right to decline searches, or if you believe the detainment was unauthorized for any reason, you can communicate with the police to ensure your side of the story is considered and prioritized. A detainment or citizen’s arrest is not a full-fledged law enforcement arrest. An investigation must still be done in order to arrest you.
It is also very important to know that if a shoplifter physically resists the store security, a simple shoplifting – municipal ordinance or misdemeanor theft, could be charged as a felony robbery. So while you may decline to be searched, if the store security tries to physically detain you, it is a good idea to comply and not resist.
With the distinct line between security guards and police officers and their legal abilities, it is important to understand what they can and can not do. If you believe you have been wrongly detained or have questions, contact the team at Baldwin & Vernon.
