In the modern world, security guards have become a crucial part of any setting, commercial or personal. People who can afford them or people who cannot survive without appointing a security team because of the threats they have, tend to hire these services the most.
Personal bodyguards, personal protection, 3-4 men surrounding a celebrity to protect them from the crowd, you must have seen all of these in the public or in the news channels. Why do you think these people need bodyguards? And what can they do to you if you try to break their security sphere and harm the person they are trying to protect?
Well, the short answer is, ‘not a lot and quite a lot.’
Yes, you heard it right! Bodyguards of a celebrity are trained personnel often from law enforcement backgrounds and their main goal is to secure the celebrity or personality they are hired to protect. These people are really, and I mean, REALLY professional and they can have arms training and enough ammunition that would be needed to protect their client.
In this article, we will learn some more about how they operate in the state of California, what powers they have and can a security guard detain you. We will answer all these questions for you and help you be aware of your rights while you are in such a situation. So, if you are interested in the topic, read on…
Rules for Security Guards in the State of California
BSIS or Bureau of Security and Investigation Services is the prime authority in the state of California that deals with the licensing procedure of private security companies. As there is no federal agency that can take of this problem, states have managed to create their own government approving companies that set a standard of how these companies should operate and what rules you have to follow.
Although these security guards are highly trained and professional individuals, they can be harmful for those who try to harm their clients. In California, a state that harbors Hollywood, hiring bodyguards for personal security has become a trend because of celebrities.
But these bodyguards also have to follow some strict rules otherwise they can lose their licenses as well. The state of California is immensely strict about security companies following these rules and making their agents follow them point by point as well. Here is the list of rules:
- The state of California has a standard for hiring and licensing security guards. A person interested in becoming a security officer has to complete a state-mandated training (typically 40 hours)
- Wearing a visible uniform with ID badges so that it is easy to recognize which companies they belong to and people know that they are under surveillance at all times.
- Not carrying firearms unless they have a specific permit that allows them to carry the specific firearm that they own.
- Operating only within the boundaries of private property unless witnessing a crime in progress or trying to chase down a perpetrator.
What Are the Legal “Powers” Security Guards Law Provides?
As mentioned earlier, because of the high influence of millionaires and billionaires on the state of California, there are many rules and regulations that had to be set up because of different reasons. There were bodyguards who overused their powers, agents who carried firearms without proper licensing, attacking people violently and so forth and so on. Then the state decided that they would have to come in to handle the situation, and they came up with these two laws related to security guards and private property rights. So, all security guards in California derive their authority primarily from two legal sources:
- The Citizen’s Arrest Law (Penal Code § 837)
- Private Property Rights
According to California Penal Code § 837, any private citizen — including a security guard — can arrest someone if they witness a crime being committed. This is commonly referred to as a citizen’s arrest. Security guards may use this provision when detaining someone involved in criminal activity, but they must hand the individual over to law enforcement as soon as possible.
Furthermore, security guards have the legal right to:
- Ask someone to leave private property
- Physically block access to certain areas
- Detain individuals under suspicion (within legal limits)
However, guards have to make sure that they stay in the limits of the laws otherwise citizens also have the right to press charges on the basis of violence or even physical assault.
What can a security guard do and NOT do in California?
The state of California deals with a lot of criminal activities that are often planned against popular people like actor, musicians, articts and politicians. As it is impossible for the law enforcement agencies to keep an eye on each and every celebrity that lives in the Los Angeles’ Hollywood, these private security agencies have stepped in as their saviors. However, all of them are bound by the same rules. Here are some do’s and don’ts that must be followed by each and every security guard.
Can a Security Guard Detain You?
Well, detaining someone under legal circumstances is one thing. There is a thin line between assaulting someone to protect another person and just assaulting someone without thinking about the consequences. So, can a security guard detain you? Yes, but only under specific circumstances!
A licensed security guard can temporarily detain someone if:
- They witness a crime being committed (such as theft, trespassing, or vandalism)
- They have reasonable suspicion that the individual is involved in a criminal act
- The detention is made as part of a citizen’s arrest under California law
For example, if a guard sees someone shoplifting in a retail store, they may detain the individual until law enforcement arrives.
However, the detention must be reasonable and proportionate. Security guards CANNOT:
- Use excessive force
- Hold someone for an unreasonable length of time
- Conduct a personal search without consent (unless it’s a loss prevention scenario within private property)
Final Thoughts
To conclude, security guards are some of the most physically empowering people and they are hired for the same reason. There are hundreds of security agencies in the state of California and in Los Angeles. However, their sheer number doesn’t make them above law in any case. They have to follow strict guideline and they are punished similar to normal citizens if seen or caught doing something wrong.
The guideline put forth by the state of California are pretty straightforward for all security agents and agencies. Stay in your limits and do not disturb or detain people without reason. Now, we are not saying that these people used to do that on a regular basis. But there is a tendency in people becoming arrogant when they get a little bit of power. The security guards law in the state of California are strict and they are punishable if found doing something illegal.
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