Can Security Detain Me Without Calling the Police?

Sometimes those in authority go on power trips and try to control people despite it being against the law. This can be said about not only police officers but also those with less power, such as security guards.

Yes, security guards are hired to protect people and property. They help prevent crime and respond to incidents. They also monitor the premises, control access, and respond to emergencies, ensuring the safety of those on the property. They also enforce rules and may respond to emergencies like fires or security breaches.

While security guards may seem like they have a lot of responsibility, they cannot do all the same things as a police officer. Yes, they can ask a suspect questions and ask them to leave the premises. Can they detain someone? See why you need to protect your legal rights.

What the Law Says

The Tennessee Code specifically authorizes security guards to prevent, observe, and detect any unauthorized activity on private property, including unauthorized entries, trespassing, abuse, larceny, vandalism, and fires. Security guards are also charged with the enforcement of rules and regulations on private property.

A licensed security guard cannot legally detain a suspect for questioning unless the suspect has consented or is placed under arrest. A security officer on private property cannot detain a suspect against their will. Any detention against the suspect’s will would be unlawful.

A security guard can detain you without calling the police immediately under certain circumstances. However, they should try to contact the police as soon as possible, as they legally cannot detain someone for an unreasonable amount of time.

A security guard is authorized to approach a suspicious person and ask questions. If the security guard has probable cause, they may also arrest the suspect and use reasonable force.

So, while a security guard can detain a person, they cannot do so indefinitely. They may use reasonable force to detain you, especially if you are resisting or fleeing. Security guards’ authority to detain is generally limited to the private property they are hired to protect. Also, the detention must not be unreasonable, and they must turn you over to law enforcement quickly.

For suspected shoplifting, Tennessee law allows merchants to detain suspects for a reasonable period to investigate and potentially recover stolen merchandise. This is called “shopkeeper’s privilege,” and it requires reasonable grounds for suspicion. It limits the use of force to what is necessary to prevent escape or property loss.

Contact Us Today

Being detained by a security guard can be a scary situation. Is it legal? What rights do you have?

Do not talk to security guards or police until you have a lawyer on your side. If you believe you were unlawfully detained, you may have legal recourse and should consider seeking legal advice. A Murfreesboro criminal defense attorney from The Law Office of David L. Scott can protect your legal rights. Without an aggressive defense, your financial future and your freedom are in danger. Contact us via (615) 896-7656 or online here to schedule a consultation.