January 3, 2022
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How Laws of Arrest Apply to Security Personnel?

How Laws of Arrest Apply to Security Personnel?

James HawesJanuary 3, 2022,

It's not uncommon for individuals to imagine that security guards are like the Secret Service, with police-like rights and the responsibility to safeguard people from dangerous men. An “arrest” refers to the actual restraint of a person. Restraint, however, must be appropriate. But who has the authority to make arrests? Any police officer or someone can restrain someone and arrest them, but only in particular circumstances.

When a police officer has reasonable cause to believe a person has committed a public violation or when he has an arrest warrant, he can make an arrest. If the public offense is a felony, the police do not need to witness the crime to make an arrest. If the crime isn't a felony, though, the officer must have witnessed it to make the arrest. When it comes to domestic violence, things get a lot more problematic for the cop.

Even though they wear uniforms, a security guard is essentially a private individual. The security guard has the authority to arrest someone who has committed a felony, but only if they witness the felony being committed. 

Before a citizen's arrest can be conducted, the offense must be committed or at least attempted in the security guard’s presence. A police officer, on the other hand, can arrest a person for a felony if the officer has reasonable cause to suspect the individual committed the crime, regardless of whether the crime was committed.

Surprisingly, the security officer might enlist the help of other security guards or other individuals to make the citizen's arrest. A security guard can also contact the police and request that a citizen's arrest is made, whether or not protective services employ them.

The security guard must inform the person being detained that he is being arrested, the reason for the arrest, and the authority to conduct the arrest when making the citizen's arrest. Is the security guard required to go through this verbal list regularly? 

Not if the person being detained is in the middle of committing a crime, attempting to commit a crime, or being pursued shortly after. If the criminal is apprehended and restrained, he must be informed about the crime he is being arrested for.

To learn more about various kinds of laws and their importance, visit our blog section.

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