Can security guards arrest you? Everything you need to know

Can a security guard really put you in handcuffs and call it an arrest? The short answer: yes—but not always legally.

Private security might look like law enforcement, but their powers aren’t the same—and that’s where things get murky fast.

Security guards are hired to protect property, prevent incidents, and maintain order—but here’s the catch: they’re not police, yet in some situations, they can detain or even arrest you under something called a citizen’s arrest. It’s legal… sometimes. It’s overstepping… often. And if you don’t know your rights, you might not realize when a guard has crossed the line from authority to liability.

In this blog, we answer all there is to know about the legal authority of security guards, their powers, and the boundaries they must operate within when detaining or arresting individuals.

Legal authority of security guards:

What powers do security guards legally have?

Security guards are private citizens employed to protect people, property, and assets. Their legal powers are generally limited compared to law enforcement and include:

• Observing and reporting suspicious activity.
  
• Detaining individuals under citizen’s arrest laws (varies by jurisdiction).
  
• Enforcing company rules and policies on private property.
  
• Requesting identification (but not demanding it without cause).
  
• Calling police in case of criminal activity.

Why is their authority limited?

Security guards work for private entities, not the government. Their authority comes from:

• The contract they have with their employer or client.
  
• The laws of the land, which often restrict the use of force or detainment by non-law-enforcement personnel.
  
• The idea of balance between protecting people and not infringing on individual rights.

They do not have powers to:

• Make arrests like police (except under specific citizen’s arrest provisions).
  
• Conduct searches without consent or probable cause.
  
• Carry firearms (unless licensed and permitted by local law).

Where does their authority apply?

• Mostly on private property where they’re hired to provide security.
  
• Their powers become extremely limited off-duty or off-property.
  
• Some states/countries allow broader authority if the guard is a “commissioned” officer or holds a special license (e.g. Texas Level III vs. Level II officers).

When can a security guard arrest someone?

Security guards do not have arrest powers in the same way law enforcement does — but they can detain someone under the legal principle of “citizen’s arrest” in many jurisdictions.

A citizen’s arrest by a security guard is typically lawful when:

• A crime is actively being committed (e.g., theft, assault).
  
• The security guard witnessed the crime firsthand.
  
• The crime is considered a felony or indictable offense, not a minor misdemeanor.
  
• The suspect is attempting to flee the scene.
  
• The guard immediately contacts police and holds the suspect only until authorities arrive.

Reasonable suspicion vs. Probable cause:

Understanding these two legal standards is crucial for lawful intervention:

Private security guards are not authorized to act on mere suspicion — they must have direct observation of a criminal act (or clear evidence, like a shoplifter caught on camera) to detain someone lawfully.

What are the legal boundaries of security guards?

Security guards are permitted to use reasonable force, but this is a tightly regulated area. Now you may ask, can security guards touch you?

Yes, but only under specific legal conditions.

Under Section 494 of the Criminal Code of Canada, a security guard, who is acting as an agent of the property owner, has the legal authority to physically detain (touch) someone only when making a lawful citizen’s arrest.

This means:

1. If they directly witness you committing a criminal offence on the property they are hired to protect.
   
2. If they believe, on reasonable grounds, that you’ve just committed a crime and are being freshly pursued by someone with lawful authority (like a police officer).
   

In such situations, physical contact is permitted only when necessary to safely and lawfully detain the individual until authorities arrive. This may include:

• Using minimal force to detain someone caught in the act of a crime.
  
• Restraining a violent individual to prevent harm to others.
  
• Blocking exits or guiding the person to a secure area, if it can be done safely.

However, security guards cannot use excessive force. Touching, grabbing, or restraining someone without lawful grounds can be considered assault. Once a citizen’s arrest is made, the guard must immediately contact police and hand the person over.

Physically punishing or restraining a compliant suspect unnecessarily or using weapons without proper training and licenses may cause the owner of the premises with heavy legal cases or fines!

“The force used must be proportionate to the threat and only enough to control the situation until police arrive.”

Detainment by security guards:

Detainment and arrest—two terms often used interchangeably but crucially different in both practice and law. Detainment is a brief hold, based on reasonable suspicion that someone might be involved in something unlawful. It’s not about charging them yet, just gathering more info.

You don’t have the right to leave, but you’re not under arrest. Arrest, on the other hand, is the real deal. It’s when someone is taken into custody because there’s enough evidence—reasonable and probable grounds—to believe they’ve committed a crime.

The stakes are higher here. It’s a formal action, and it means charges are coming.

Can security guards legally detain you?

• Situations where temporary detainment is allowed.
  
• Requirements for involving law enforcement.
  
• Examples from real-world scenarios.

What happens when a security guard oversteps their authority?

When a security guard oversteps their authority—say, detaining someone without solid evidence—they put the business at serious risk of legal consequences.

If a guard wrongly assumes someone is a criminal, like thinking a person wearing a mask and rummaging through trash is an intruder, but it turns out they’re just a dumpster diver, that misjudgment can lead to a lawsuit.

Why? Because the guard lacks the proper evidence or legal grounds to detain the person. If the detainment is deemed unlawful, the business could face costly legal fines and compensation for wrongful detention.

When security is too slow, the consequences can snowball—lost inventory, damaged property, and potential legal ramifications.

In this case, the business is not only dealing with a direct financial hit but also with the long-term cost of lost trust and a weakened security reputation.

A delay can be just as damaging as making a wrong move. Let’s take a real-life example to explain this better.

Real-life scenario. Security guard vs remote video monitoring:

According to a report by the National Automobile Dealers Association, over 80% of car dealerships in North America (USA & Canada) report attempted theft or vandalism each year.

Automotive dealership security

Prevent break-ins & vehicle theft.

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So, let’s say it’s 2:15 AM—right within the danger window, as the Security Industry Association reports that 70% of dealership thefts happen between 1 AM and 4 AM, when on-site staff is minimal or completely absent.

The lot is filled with high-end SUVs and sedans. Street lights flicker. The front gate is chained shut. But someone hops the side fence, hoodie pulled low, crowbar in hand.

And we already know from the FBI Uniform Crime Report that just one stolen vehicle can cost a dealership $40,000+—and that’s before you factor in the insurance hike that usually follows.

Related: What were the most stolen vehicles in Canada 2024?

Scenario A: On-site security guard:

• What happens:
  
  • The guard, stationed in a small booth at the far end of the property, hears a noise but isn’t sure where it came from.
    
  • He steps out, flashlight in hand, and begins to walk around the lot.
    
  • The intruder sees the guard first and ducks between two vehicles.
    
  • Eventually, the guard spots movement. The two confront each other.
    
  • It’s tense. The guard is outnumbered if there’s more than one intruder.
    
  • He radios for backup or calls police. But it could take 10–15 minutes for help to arrive.
    
  • The intruder bolts, maybe after damaging a few cars or stealing something quick.

• Outcome:
  
  • Possible property damage.
    
  • Risk to the guard’s personal safety.
    
  • Delay in response.
    
  • No real-time documentation unless the guard has a body cam.

Now here’s the part no one talks about: Most of the incidents security guards get involved in could’ve been prevented—or handled better—with Remote Video Monitoring.

Why?

• Cameras don’t overstep legal boundaries.
  
• They don’t escalate situations unnecessarily.
  
• And when monitored by professionals in real time, they actually get police on-site faster—the right way.

Many situations where guards feel forced to intervene physically actually begin with poor visibility or delayed response. That’s why more businesses are now combining—or even replacing—on-site security with Remote Video Monitoring.

Scenario B: Remote operators at monitoring center:

What happens:

• The intruder steps onto the lot. AI cameras recognize perimeter intrusion and are triggered.
  
• Within 10 seconds, a live monitoring agent sees the activity and starts tracking the person through multiple cameras.
  
• The agent activates a loudspeaker:
  “You are being watched. Law enforcement is on the way. Leave the premises immediately.”
  
• The intruder freezes—then runs. Cameras follow.
  
• If the intruder remains on the property despite the voice intervention, police are dispatched with real-time visuals and updates.
  
• Video footage is time-stamped and stored for legal use.

Outcome:

It’s not just about cameras—it’s about having trained professionals watching live, ready to call police when it actually matters.

No grey areas. No legal guesswork. Just fast, documented action.

If you’re relying on guards alone, you might be missing the full picture. Remote monitoring could be the layer of clarity your security strategy needs. Because remote video monitoring offers a suite of advanced video analytics to proactively detect and stop breaches.

Conclusion:

While security guards have limited authority compared to law enforcement, they can detain individuals under certain conditions, such as witnessing a crime or making a citizen’s arrest. 

However, their powers are restricted, and using excessive force or detaining someone without proper grounds can lead to legal consequences. 

Remote video monitoring offers a complementary solution, enhancing security by providing real-time surveillance and faster police response, minimizing risks associated with human intervention. 

Understanding the legal boundaries of security guards and leveraging AI technology can help businesses make informed decisions about their security strategy.

If you’re looking to strengthen your security strategy, reach out to us today to find the ideal solution for your business!