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Sun 15 May, 2005 09:18 pm
So my friend and I were having a debate about the legal power of a retail security guard, say, for Walmart or Target. He was telling me how he was a security guard once and that they were allowed to tackle people and whatnot for shoplifting. Now, as I understand it, being a private security guard with no licensing from the state, that is not legal. In fact, that is grounds for a battery charge. I know there are licenses one can get to become a security guard that does in fact have the power to arrest and use force... But what about the guys at Walmart? Can they actually assault someone legally? (i'm not concerned with the shoplifting, just the power of the guard) Any lawyers who can provide refernce would be appreciated. :-)
Sam.
I believe that it varies from state to state.
It does vary from state to state - and from country to country so an answers need to be taken with a grain of salt.
But generally - very generally - speaking in most common law jurisdictions a security person working for the company that owns the store is given delegated authority from the owner.
Stores aren't public places, they're private places that allow people on the premises by consent.
Someone on the premises can be asked to leave and if they refuse can be removed with reasonable force. They actually become a trespasser when the consent to remain on the premises is removed.That's how it is in my jurisdiction and many others but it may not be the case in your state.
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