rockzilla

I've always heard about how security guards, mall cops and the like don't have the same law enforcement priviliges that a real police officer does. Does a mall cop have the legal right to use physical force to detain someone? Can they make arrests? (aside from a citizen's arrest, which I don't really understand either). Or is a security guard basically powerless and if one tries to detain me, can I just walk away laughing?
I got to thinking about this today as I walked past a scene where three mall cops were forcibly holding down two guys who were kicking and screaming while the security guards were yelling things like "you are resisting arrest sir" or "put your hands behind your head, sir" in that authoritative, cop voice.

I have no idea what happened to cause this scene, but as I overheard the dozens of onlookers (does anyone else think it's kinda tasteless to stand and gawk at something like this?) make comments like "they're just mall cops, they can't do this". So I'm wondering, if a security guard isn't allowed to enforce the rules, what the hell is the point of having security?

nirol

I believe they have the power to detain until authorities arrive, as long as it is private property. If you make it to the sidewalk, dunno.

They remind me of the Guardian Angels (Curtis Sliwa), and the skits on Living Color with Jim Carrey spoofing him.

__________________
'Tis better to remain silent and be thought a fool, than open one's mouth and remove all doubt.
Samuel Johnson (1709 - 1784)

Fearless_Hyena

Someone correct me if I'm wrong, but this is how I understand it:
If they put their hands on you, they must put you under citizen's arrest or else it's illegal. And basically any citizen can arrest anyone if they have probable cause, and they have to call the cops, and I know there are specific rules on how it's gotta be done. Rent-a-cops put people under (citizens) arrest all the time around here, then when the cops come they take care of it from there. Since it's private property, and the owners of the property hired them to do that job, they have more rights somewhat than if they would be out in public.

Oh yeah also, it's there for the mere presence. Most people will tend to behave if they see an "official" walking around, even if he is wearing a really funny uniform.

Cynthetiq

they have the same rights that you as an individual has. They have no more rights to hold and detain someone than you do.

__________________
I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not.

MSD

According to lawyers I've asked, the concept of a citizen's arrest is purely fictional. Holding for police is OK, but offers no immunity from lawsuits.

rogue49

I disagree
Remember you are on THEIR property,
thus they have the right to detain you or ask you to leave.

The guards represent the legal owners and management of that property.

It's like if you asked someone to leave your place,
or they stole something or created a scene at your place.
You do have some right to restrain that person until the public authorities come.

There have been cases on this, the law will support it,
because there is no way possible for the police to be everywhere.
People & entities do have a right to direct others on THEIR property within reason.

monty121052

I work in security and I legally have the right to detain a person who I believe has commited a crime relating to what I am guarding,be it person or property.The amount of force I use to detain that person is another matter, and would be proportionate to the crime.
Sensible security guards servive,the rest are soon out of the industry.
It is a very grey area ,and one we need to be very sure of our facts about

Jimbob666

You're on private property. I think they can forcibly evict you just like the bouncers at a club.

Spanky Johnson

Forcibly evicting someone is quite a different thing than detaining them though.

It may be different where actual security guards are concerned, but I don't agree with this as a blanket statement. If someone is in my house, I have the right to ask them to leave, but I certainly don't have the right to detain them against their will.

analog

It's fictional <b>because</b> of the lack of lawsuit immunity. It is later decided by a judge as to whether or not you legally detained a person while awaiting the proper authorities, and lawsuit or not you can be imprisoned for it if the other guy presses charges. If you hold someone agaisnt their will, for whatever reason, you WILL face official scrutiny after the fact, regardless of whether YOU think you were justified or not.