What Are Security Guards Allowed to Do?
As a security guard you are hired by businesses often for two reasons; to prevent threats such as theft and vandalism, and to resolve the problem if it arises. But as a security guard what are you legally allowed to do? As security guards are hired to prevent crime, it is often thought they have similar powers as those in the police force. Yet, this is not the case; security guards have the exact same rights and legal authority as members of the general public do. This raises additional questions on what exactly a security guard is permitted to do when dealing with a potential threat.
Can You be Detained by a Security Guard?
Like any other civilian, security guards are permitted to perform a citizen’s arrest as long as they have reasonable grounds for suspicion of the person they are planning to arrest. But, there are specific conditions that the circumstances must meet in order for the arrest to be legal. These come under the Section 24A of the Police and Criminal Evidence Act. See below the rules surrounding a citizen’s arrest:
- They witness or have reasonable grounds to believe that a person has committed a crime
- They witness or have reasonable grounds to believe that a person is in the act of committing a crime
- To protect a person from causing injury to themselves or others
- Prevent a person from damaging property or causing a loss to the business/organisation
- To stop a person from leaving the scene before an officer arrives to take over responsibility .
Are Security Guard Allowed to Physically Restrain You?
Like anybody else, security guards are only allowed to use reasonable force, so in that case, this means that any levels of force must only be used when it’s completely necessary and when in the process of detaining someone.
Can a Security Guard Search You?
Security guards are not allowed to search you or your possessions unless they have your consent. Although, this does not apply if you are not present or unconscious. This includes the ability to search your bag or your car. This also applies to security guards who believe they’ve caught a shoplifter, as they too are not allowable to conduct a forced search if the person does not consent; in this situation they would have to detain the suspected shoplifter until a police officer arrives and can legally conduct a forced search.
Searches can be made without a persons consent in certain situations:
When a bag or any other type of possession has been left unattended in a suspicious circumstance, they then have the right to search it as it could become a threat to the safety of the public
If a person isn’t conscious and they are trying to identify them in order to help them, the security guard is permitted to search their bag for this.
Are Security Guards allowed to refuse entry if you don’t comply?
If a security guard asks you to allow a search of your bag and you refuse, then they are well within their rights to deny you entry to the premises, whether it be a bar, club or otherwise. This is often a standard rule set by these types of businesses that run throughout the night.
Are Security Guards Permitted to Carry a Weapon?
No. Security Guards have the same rights and authority as the general public. Therefore, this means they’re not allowed to carry any form of weapon. That includes:
Batons
Guns
Tasers
Pepper Spray
Knuckle Dusters
Security guards are permitted to carry handcuffs and then use them to perform a citizen’s arrest when required. It is suggested that they have the correct training before using them while on the job. Therefore, they can use them in a safe manner so they don’t injure themselves or anybody else.
Security guards in the UK have the same authority and rights as any other UK citizen. They do not get any extra power or privileges like the police force. Their presence alone often acts as a preventive for potential criminals, but if a situation arises, prepared to deal with the issue quickly and calmly.
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Overview
Security guards are responsible for guarding or patrolling to protect people or property. Private investigators are responsible for conducting investigations to provide information. Both are expected to carry out their work professionally, effectively, safely and lawfully.
They must follow requirements in the Private Security and Investigative Services Act and its regulations, including the Code of Conduct while on duty.
Licence and misrepresentation
All security guards and private investigators must follow all requirements including:
- identify themselves as such
- carry their applicable licence when they are on duty
- show their licence to anyone who asks to see it, including employers, police and members of the public
For security guards, this applies even when they are on plainclothes assignments, or working as bodyguards or loss prevention security guards. Failure to present a valid licence when requested can result in a fine.
Security guards and private investigators can be fined if they misrepresent or call themselves:
- a detective or private detective
- law enforcement
- police
- officer
Exemptions to carry a licence
There are exemptions from the requirement to carry a licence. Out-of-province bodyguards providing services to those in the film and television industry do not need an Ontario licence if the bodyguard holds a valid licence from another jurisdiction.
In addition, the following individuals do not need a licence from the Ministry of the Solicitor General:
- practicing barristers or solicitors
- people who receive
payment for work that consists mainly of searching for and providing information about:
- the financial credit rating of individuals
- the qualifications and suitability of people applying for insurance and indemnity bonds
- the qualifications and suitability of people as employees or prospective employees
- people who are acting as peace officers
- insurance adjusters, insurance companies and their employees licensed under the Insurance Act while acting within the regular scope of their employment
- people living outside Ontario who are licensed employees of a private investigation agency licensed or registered in a jurisdiction outside Ontario, but elsewhere in Canada who:
- on behalf of a person living outside Ontario, make an investigation or inquiry partly outside Ontario and partly within Ontario
- come into Ontario solely for the purpose of that investigation or inquiry
- people who are paid for work that consists mainly of providing advice about security requirements but who are not selling the services of private investigators or security guards
- people who are paid for work that consists mainly of providing an armoured vehicle service
- locksmiths
- any class of people exempted by the regulations
There is a general exemption for those conducting an investigation authorized by another federal or provincial act.
Carrying firearms and equipment
Security guards and private investigators may use equipment as a part of their duties if it is issued by their employer. They may carry:
- a firearm if they have a valid firearms licence
- a baton, if it is only used for defensive purposes
- handcuffs
While on duty, armed security guards and private investigators must always carry their firearms licence and present it upon request, as required by the Firearms Act.
Using animals
The Use of Animals regulation permits the use of dogs for patrolling purposes but only under certain conditions. Dogs can also be used for tracking (for example, missing persons) and detection purposes (for example, drugs and explosives).
Dog handlers must keep their dog on a leash at all times.
Security guards cannot use dogs for crowd control.
Penalties
Any violations to the requirements can result in penalties, including:
- fines to the security guard, their employer, or both
- jail time
Reporting a crime
If a crime, such as theft, occurs at a business while a security guard is on duty, the security guard or the business should contact their local police service to report it.
Uniform appearance for security guards
Security guards are required to wear uniforms that include key elements on the outermost garment.
On the front of the uniform
On the chest of the uniform, there must be:
- an identification tag with the individual’s full name or licence number visible
- the name, logo or crest of the organization that employs the security guard visible
- the words “security” or “security guard” in a colour that stands out
On the back of the uniform
On the back of the uniform (including on any pieces of outerwear like rain or winter jackets and on protective wear like Kevlar vests), there must be the words “security or “security guard” in a colour that stands out.
The words “security” or “security guard” do not have to appear if the outermost garment is a:
- collared shirt
- sweater
- blazer
Elements that cannot be included on uniforms
Uniforms for security guards cannot include:
- rank chevrons
- black or navy blue collared shirts
- striped pants or trousers
- police-style forage caps
Exceptions
Exceptions to wearing uniforms only apply for security guards who are hired for
- loss prevention
- theft protection
- plain clothes assignments
However, they are still required to present their security guard licence upon request.
Updated: October 05, 2021
Published: September 16, 2021