The question of whether private security guards are permitted to use force is complex, governed by a combination of laws, regulations, and ethical guidelines that differ considerably based on jurisdiction, the specifics of their security role, and the incident’s context. Unlike law enforcement, security guards generally lack the same inherent governmental authority to employ force. Please continue reading to learn what our armed security officers can and can’t do.
What is the Legal Framework That Governs Security Guards’ Use of Force?
Security guards are justified in using force primarily for self-defense or to protect others from an immediate threat of harm. This right, mirroring that of any private citizen, permits the application of “reasonable force” when necessary to avert serious bodily injury or death. The force employed must always be proportional to the threat perceived.
Property owners commonly employ security guards to safeguard their premises. In numerous jurisdictions, they are legally permitted to use reasonable, non-deadly force to prevent trespass, theft, or property damage. It’s important to understand that the use of deadly force for the defense of property is rarely, if ever, legally permissible.
In some jurisdictions, security guards, like other private citizens, are empowered to make a “citizen’s arrest.” This power is typically granted when they witness a felony in progress or specific misdemeanor situations. When a lawful citizen’s arrest is being made, a security guard is permitted to use reasonable force to detain the individual. However, this force must be strictly limited to what is necessary to effect the arrest and prevent escape; it’s not to be used for punishment.
A security guard’s responsibilities, including the use of force, are typically detailed in their employment contract and the security company’s internal guidelines. These guidelines usually align with, and often exceed, the restrictions of state and local laws. Many states mandate that security guards complete specific training and obtain licenses. This often involves modules covering the use of force, de-escalation techniques, and legal limitations. Severe legal repercussions can arise for both guards and their employers if untrained or unlicensed personnel use force.
What Type of Force is Allowed?
Security guards are typically expected to use the least amount of force required to achieve a lawful objective. This usually follows a continuum of force:
- Presence and Deterrence: Often, the visible presence of a uniformed security guard alone can prevent unwanted behavior.
- Verbal Commands: De-escalation through verbal communication is the initial and preferred approach for security personnel.
- Physical Restraint: This involves techniques like holds, escorts, or, if permitted and trained, the use of handcuffs ot control or detain someone without causing significant injury.
- Less-Lethal Weapons: In certain roles and with proper training and authorization, security guards might be permitted to carry tasers, pepper spray, or batons. Their use is governed by strict guidelines and legal oversight.
- Deadly Force: The application of deadly force by a security guard is exclusively reserved for situations involving an imminent threat of death or severe bodily harm to themselves or others. This is a measure of last resort and is subject to rigorous legal examination.
For more information, please don’t hesitate to contact Port Security Services today.
