How to Make a Citizen's Arrest

A trained security guard working at his post is legally not a police officer. A security guard does not have the same arresting powers as a certified law enforcement official. Instead, a security guard protects the persons and properties of his employer. Security guard training for certification, specifies to the guard that his arresting powers are limited to consentual detainment and/or confinement of an individual who, out of his or her own free will surrenders to the security guard's orders or commands after being caught violating the law. Laws applicable may range from civil to criminal law violations in citizen's arrests. Restraining a person is temporary and permitted only as a "Citizen's Arrest" until local law enforcement officers arrive at the scene of the incident. Use of force by a security guard is permitted only as a part of the duty to restrain and/or protect his or her own life and the life of others if the subject poses such a threat, otherwise force may not be used at all. Again, law enforcement officials should be contacted immediately to complete the arrest. The use of force is a sensitive subject and can cause reversed litigation for any violation experienced or witnessed which was inflicted upon the subject. The decisions made by a security guard should always be well thought out and assessed against the level of danger posed to his or her own life and the level of liability to others. Once a Citizen's Arrest" is in the making during an incident, the security guard must advise the detainee or subject that they are being restrained under citizen's arrest and call local police. Consideration are to be given to the laws established for each territory in respect to these rights. Please review laws in your local city for applicable rules.

Difficulty: Moderate

Instructions

Things You'll Need:

• To make a citizens arrest you will need:
• To have witnessed a law violation.
• Inform the subject they are under citizen's arrest.
• Contact your local Police.
• Take notes on the incident, including. description of the subject actions, witnesses present, time etc...
• Be willing to testify in court against the subject.

1. Upon witnessing a law violation, don't lose sight of your subject. Follow the subject until you can approach him/her to informed them that they were seen violating the law on the property you are protecting as a security guard.

2. Ask the subject to come with you voluntarily to your station in a friendly and professional manner. This is done so you isolate the individual while waiting for police, prepare reports on the incident and identify the perpetrator prior to police arrival.

3. If the perpetrator resists your attempts for his/her voluntary cooperation, you may conduct a citizen's arrest and use the necessary force to restrain the subject pending police arrival. (See tips and warnings).

Tips & Warnings

• Never use excessive force on a subject. This may cause legal actions against you, your employer or reversed criminal charges if you inflict injury on the subject. Always verify the standard operating procedures your employer enforces regarding making citizen's arrest on the work premises. And, use your discretion in terms of the danger posed to you and the amount of force needed to restrain the subject until police arrive. Sometimes it is better to let the subject flee the scene and provide police with the information you collected up to that point then to risk your life or your legal consequences.
• Never lose your cool, stay collected and always think your action through. It is important that you do not violate any of the subject's civil rights in the citizen's arrest process and that you turn over to police the conscise accurate reporting of events.

[Consultant]

on 11/18/2008 Thanks Ron,

It's so true indeed. I have seen first hand security guards and officers use excessive force on civilians. And, if more people from disadvantaged communities and those who lack knowledge about their rights and those of the law absorbed this useful, but basic information it will serve them a lifetime.

[msoexpert]

on 11/8/2008 Great info! Especially the warning about not using excessive force. In today's litigious society, I'm sure some are afraid to act out of fear of being sued. And your suggestion about being friendly can definitely help. People are more receptive and more cooperative when treated nicely and with respect.

[Elitchka]

on 12/15/2007 Very good information. Everybody has to read this. Thank you