Common misconceptions about the role and capability of private security guards often lead people to believe that these guards are only permitted to observe and report, and are prohibited from interfering with criminal activity and certainly not legally permitted to detain a suspect against their will. This belief is erroneous, and in fact almost all states in the US have laws establishing and governing the permissibility of a private citizen to apprehend and detain someone who commits a crime in their presence. This is called a “citizen’s arrest” and it can be a very useful capability for security & protection agents. While it is always best to defer to government law enforcement for arresting suspects, this is often not feasible in cases of immediate criminal activity that is directly observed or identified by an agent on location. Depending on the circumstances, arresting the suspect right away and detaining them until police arrive can prevent further crime and additional danger to innocent life & property.

However, it is critical for a guard, or any private citizen, to be both careful regarding the potential dangers involved, and cognizant of the exact applicable laws regulating such an arrest. These laws vary from state to state but in general, for a citizen’s arrest to be lawful, you must discover a person either in the act of committing any crime, or immediately following a criminal act if is against property that you are legally entitled to protect, or a suspect that is escaping from and freshly pursued by law enforcement. It is important to understand these individual distinctions, as well as the burden of proof required to establish reasonable justification for making the arrest.

If you do decide to make a citizen’s arrest, you should:
     • Tell the suspect plainly that you are making a citizen’s arrest and that you are holding them until police arrive.
     • Call the police.
     • Ask explicitly for the suspect’s cooperation until police arrive.
     • Avoid using force, if at all possible, and use it to the minimum possible extent otherwise.
     • Do not question or search the suspect or their possessions. Your purpose is only to temporarily detain them until police arrive.
     • When the police arrive, state the plain facts of what happened.

Accurate knowledge of these laws along with adequate training and preparation for relevant scenarios can further equip a security officer to better serve the client and protect life and property. The military and law enforcement experience that is held by many agents on the Force Protection Agency (FPA) team is a key advantage in delivering this valuable service.