Can a Security Guard Touch You? Use-of-Force Limits Explained in Plain English

Perhaps some guard took your arm during a concert, or blocked the exit. Perhaps you are a business owner and you would like to know what your guards can and cannot do. Either, can security guards touch you is a question that we hear everyday. The answer to the question is yes, in some cases but only in a few circumstances. In California, the police powers are not vested in the guards and therefore the boundaries are very narrow. We take it all apart in understandable English, no law jargon. And we teach our officers these rules, so this is not theory.

What a Security Guard Actually Is

This is what the majority of people are not aware of, a security guard is a personal individual. They are afforded the same fundamental rights as you or any shopper in accordance with the law. The uniform and badge and radio do not transform them into sworn police officers. So a policeman will not be able to stop you on the street and ask for your ID. Any contact that is not within the small exceptions of the law can be battery in California. This is regardless of whether the guard is only fulfilling a request by a manager.

When a Security Guard is permitted to touch you.

And when would security guards be able to touch you in violation of California law? There are five situations where California law allows a guard to use force. At that, the force needs to be sensible in that very situation.

1. Self-Defense or Defending Someone Else

A guard is a human like someone else; it means that he or she can protect himself/herself in case somebody attacks him/her. They are also able to intervene to defend a customer, colleague or a child. The intensity should be equal to the danger, thus a push does not warrant a whipping. When the threat ceases, the right to employ force on the part of the guard ceases, as well.

2. Making a Lawful Citizen’s Arrest

Citizens may be arrested by guards just as any other individual citizen. In the case of misdemeanours, however, the crime has to occur in the open in the presence of the guard. They are allowed to hold you during a legal arrest, although as firmly as necessary. And then they should deliver you to the police without any undue loss of time.

3. Deterrent to a Suspected Shoplifter.

California has a unique privilege that is referred to as the privilege of the merchant. When the staff have probable cause, they are allowed to briefly detain someone to investigate theft. That is the case with guards, who can employ reasonable, non-deadly force to avoid escape. Nonetheless, they are not permitted to search your garments, and the stop should be brief.

4. Removing a Trespasser Who Refuses to Leave

When someone requests you to take off personal property and you refuse, then you are a trespasser. California permits the use of reasonable force to evict a trespasser who threatens. However, first the individual requires an explicit request and a justifiable period to be away. The guards are expected to have the minimal force necessary in taking you off the premises. Practically, that generally means a hand on the elbow, that is all.

5. Bag Checks and Pat-Downs You Agreed To

Entry, at concerts, stadiums, and certain offices, requires consent to a search. When you consent, a guard can check your bag or pat outer clothing. Nevertheless, when you refuse, they will not be able to oblige it, but they will not allow entry. Consent may be rescinded, but you may have nothing to do but quit the event.

When a Security Guard Can’t Touch You

And now to the other side, since it is here most that complain. Is it within California law to make security guards touch you because you are rude or annoying? Definitely not and it is among the most common mistakes made by the guards.

• They are not able to grasp, shove, and/or hold you merely because you are having an argument with them.
• They may not also inspect your pockets, body or clothing without your express permission.
• They can’t detain you on a hunch, a rumor, or your appearance.
• They can not retain you when the threat is over or the police come.
• And they will never be able to punish, embarrass, or take revenge by using force.

Violations of these lines may cause lawsuits or fines against guards and employers.

What Counts as “Reasonable” Force?

Reasonable force is that which a reasonable person would regard to be required by the time. That is, the answer must be as big as the problem. The courts consider the threat, the size and manner of the person and other alternatives. An amicable discussion is practically and legally nearly always superior to a practical approach.

Three Everyday Situations, Explained

At a Concert Gate

One guard rubs his hands on what you are wearing after you have accepted the entry search by the venue. Well, that is all right, since you accepted it as a prerequisite of admission. But to go in your pants or underwear would be much more than that.

At a Store Exit

You are caught by a guard pocketing a charger and are caught at the exit. The short detention is probably legal, as the guard himself was witness to the hiding. But it would definitely be over the limit to confront you in the parking lot.

At an Apartment Lobby

You pay a visit to a friend, and a guard tells you to go after a quarrel. The guard will not have a reason to touch you, should you calmly walk out. Denying and being threatening, however, might be an excuse to the guard taking you out in a firm manner.

What About Armed Guards?

Unarmed guards, but armed with firearms, are subject to the same regulations. A gun does not provide a guard with a greater right to seize or arrest you. Actually, deadly force must have an imminent threat of death or serious injury. It is a very tall order, and few guard encounters approach it.

Why California Changed Guard Training

In 2019, two men were killed when they were held face-down by security guards in California. Those fatalities compelled the lawmakers to enact AB 229, which included use-of-force training. Use of force and arrest powers are taught during guard card training since July 2023. The use-of-force incidents are now reported by security companies to the state within seven business days. Consequently, guards are made truly accountable whenever they lay hands on someone.

What to Do If a Guard Touches You

When you believe that someone on guard overstepped the mark, remain calm at that moment. Being aware of the answer to the question can security guards touch you assists in responding calmly. Defending oneself may only complicate the situation and obscure what will occur later.

1. Clearly demand to know whether you are under detention or can leave now.
2. Record name of guard, company, badge number, time and specific location.
3. Obtain names and numbers of witnesses and video records, where it is safe to do so.
4. Take a picture of any injuries, and visit a doctor in case anything is painful at any point in the future.
5. You also may report the incident to police and file a BSIS complaint.
6. In the case of serious injuries, consult a personal injury/civil rights attorney.

For Business Owners: Why Guard Training Matters to You

When you employ guards, your decisions could fall right on your company. A single slip will result in a lawsuit, a viral video, and loss of customers. This is why the question of whether security guards can touch you is important to owners as well. Request any provider to explain how they are trained on de-escalation and when officers are allowed to use force. Good companies will be happy to provide your policies, training records and incident reports. Frankly speaking, unarmed policemen who talk first tend to make all people safer and more peaceful.

Why Businesses Trust Sharp Guard Group’s Unarmed Officers

Sharp Guard Group offers unarmed but licensed security guards to businesses in Los Angeles. All officers go through state use-of-force training and our de-escalation coaching before being assigned. We educate officers to speak first, move aside when they can, and call police. So physical touch remains infrequent, prohibited, and extremely recorded whenever it occurs. Retail stores, offices, hotels, apartments, events and construction sites are guarded by our officers. Clients receive comprehensive reports thus you will always know what and why. And we create all the security plans based on your property, people, and budget.

FAQs

Will a security guard pick you up when you are not stealing?

No, not unless you are threatening a person, trespassing without a warning or committing crimes. Seizing a person and causing him to be in his hands can be considered battery and a lawsuit can be filed.

Is it possible to make security guards search my bag?

Under the privilege of the merchant, after a suspected theft, only with your permission, or in case of a suspected theft. They are able to search the clothes you are wearing or your body.

Is it possible to be prevented by a guard from leaving a store?

With probable cause alone you stole goods, and on a temporary basis. Otherwise, California law would consider it false imprisonment to block your exit.

Is it possible to push a security guard?

Not usually, unless you have a good reason to protect yourself against unlawful force. It is nearly always more prudent to walk away and report the incident.

Are security guards obligated to explain to me the reason why they are stopping me?

In the case of a citizen arrest, guards ought to inform you that they are arresting you and the reason why. So unless they can explain, politely tell you whether you are free to go now.

Where can I report a security guard in California?

You may also file a complaint with BSIS that is the licensing and disciplining body of California guards. You also need to report to the employer of the guard and in the case of assaults to the local police.

Final Thoughts

So, can security guards touch you in California, or is it always illegal? The honest answer is that they can, but only within tight legal limits. Most cases involve self-defense, lawful arrests, shoplifting stops, trespass removal and consent searches. Otherwise, hands of a guard are to remain courteously to themselves, period. In case you are in need of guards that are familiar with these rules, Sharp Guard Group is the way to go. Contact Sharp Guard Group to discuss unarmed officers that are trained to work on your site. Take a free quote online and we will develop a plan that suits.