Under what circumstances can a security guard detain an individual?

A security guard can detain an individual for suspected misdemeanors or felonies if they have probable cause because this standard allows the guard to rely on specific and articulable facts that would lead a reasonable person to believe that a crime has been committed. Probable cause is a key legal threshold that grants security personnel the authority to take action based on observed behavior, information received, or other indicators that a crime may have occurred or is about to occur.

It is important for security personnel to operate within the confines of the law, and the requirement of probable cause protects individuals’ rights while allowing guards to act in the interest of safety and security. This legal backing enables them to justify their actions should the situation escalate to a point where law enforcement is involved.

In contrast, detaining someone for any reason deemed necessary lacks the legal grounds required to ensure the safety and rights of both parties. Similarly, detaining someone for any criminal offense that occurs in their vicinity without that probable cause could lead to legal complications, as it may not fulfill the required standard of justification. Lastly, simply detaining an individual for questioning does not meet the legal necessity for probable cause and can result in accusations of unlawful detention.