What will you see first of all when you enter the store? Most likely, it will be a stern guard. The guards in the shopping center, as in a police station, have a special room where a small cell is provided for short detention in case of arrest. However, the powers of a policeman who can detain you and a security guard in a shopping center differ.

In this article, we will figure out whether a security guard in a shopping center has a legal rule to detain visitors and keep them in a cell.

Security Guard’s Powers

Security guards in shopping malls are on the payroll of Private Security Companies. Accordingly, they are not civil servants and the list of powers of the guards differs from the powers of the police. In reality, security guards in shopping malls are the link between the offender and the police.    

That is, in case of an emergency or a criminal offense, the guard is obliged to call the police or other special services by the number 911. The guard can arrest the criminal and ask him to wait for the police, however, the offender can leave, since the guard has no right to hold anyone or use physical force.

This is the main difference between the powers of a security guard and a policeman. The guard can only call the police or try to detain the criminal while waiting for the arrival of the police squad, however, he cannot hold people against their will, for example, put them in a cell or handcuff them, exerting physical influence.

Consequences of Possible Detention

We have already found out that the guard is not a policeman and he cannot detain the offender and keep him in the cell. However, what will happen if this does happen? Firstly, such actions of the guard will result in serious reputational losses for the security company. Secondly, the guard is waiting for difficult legal proceedings.

Finally, if the guard’s actions go beyond self-defense, if the guard uses unreasonably brute force or impersonates a police officer, then the victim party can file a lawsuit on the fact of the attack and a criminal case will be initiated.  

Armed Guards  

Some institutions, such as jewelry salons or currency exchange centers, hire armed guards for protection. This type of security guard is significantly different from the usual security guard in a supermarket or shopping center.

Here are the main points:

• Armed guards receive special training and have experience of service in the army and law enforcement agencies.
• Armed guards have a degree and knowledge of the criminal code and police business.
• Armed guards may have a special police certificate, which extends their powers on a par with a police officer.

Thus, if an armed guard has a police certificate, then he can detain you with the use of physical force (handcuffs or a detention cell). In all other cases, an unarmed guard has the right to arrest but does not have the right to use force or other methods of physical influence. We also recommend you familiarize yourself with the legislation of your state to know exactly the full list of powers of armed and unarmed guards.