Citizen's Arrest and Legal Powers Course (US): Lessons 2026

Lesson 1: Where a guard's powers come from

A private security guard is not a police officer. California's official guard training manual says it plainly: you are not a peace officer. In states such as California and New York, a guard arrests under the same laws as any private person, and those laws are set by each state.

Your main job is prevention. Before an incident, you prevent trouble by being visible. During or after an incident, you observe and report to the police and your supervisor. The California manual also says a guard is never obligated to make a citizen's arrest.

Never act like the police

Pretending to be a police officer is a crime. California's manual warns that even implying it is a crime. In New York, pretending to be a public servant such as a police officer, or wearing a police uniform or badge without authority, so that people obey you is criminal impersonation in the second degree, a class A misdemeanor (Penal Law 190.25). If it is done while committing a felony, it becomes a class E felony (Penal Law 190.26).

Lesson 2: Citizen's arrest rules

A citizen's arrest (or private person's arrest) means taking a person into custody without a warrant. The rules are different in each state. Two examples:

For a misdemeanor in California, you must actually see it. A report from someone else is not enough. For a felony, reasonable cause must be based on evidence linking the person to the crime. The manual gives examples such as clothing left at the scene or what a witness saw.

New York uses the words "has in fact committed." If no offense really happened, the arrest has no legal authority, even if your belief was honest. This is why a citizen's arrest carries real risk.

Think before you act

• How serious is the offense, and is it part of your job?
• Is the person bigger or stronger than you?
• Could the person have a weapon?
• Is it safer to observe, describe and call police?

Lesson 3: Making an arrest and what comes after

If you do make a lawful arrest, California's manual says to tell the person three things: your intention to arrest, the cause (what they did) and your authority. New York's CPL 140.35 also requires you to tell the person the reason, unless they resist, run away or telling them is impractical.

California's manual says you may ask other people to help you make the arrest. Use only the force the law allows. The Use of Force Awareness course covers this in detail.

After the arrest

1. Call the police without delay.
2. Write down the time of the arrest and the time you called police.
3. Hand the person to police. New York's CPL 140.40 says a private person must deliver, or try to deliver, the person to a police officer without unnecessary delay.
4. Let the police decide. When they arrive, police decide whether to take the person into custody.
5. Write your report. Use neutral words such as "this person" or "the suspect," not "the criminal" or "the thief."

Lesson 4: Detention, merchant's privilege and searches

California's manual explains that a person who voluntarily answers questions and is not restrained is detained, not arrested. Guards cannot hold a person against their will, except under the merchant's privilege in Penal Code 490.5.

Many states have a merchant's privilege (also called shopkeeper's privilege). It lets a store, or its agent such as a guard, briefly detain a person suspected of shoplifting. Each state sets its own limits:

• California (PC 490.5): probable cause, a reasonable time, and reasonable non-deadly force.
• New York (General Business Law 218): a reasonable manner and no more than a reasonable time.
• Florida (812.015): probable cause, reasonable manner and time, and police must be called to the scene immediately.
• Virginia (18.2-105.1): probable cause, and no more than one hour while waiting for police.

Mall guards should know one more rule. California's manual says mall security may not use PC 490.5 inside individual stores unless the mall owners have a signed agreement with those stores.

Searches

A guard has no general power to search people. Under California's merchant's privilege, you first ask the person to voluntarily hand over the item. If they refuse, only bags, packages and handbags in their immediate possession may be searched, never clothing worn. After an arrest, the manual says you may search for only one thing: weapons (PC 846), and only if you have reasonable cause to believe you are in physical danger.

Lesson 5: Trespass

Guards often ask people to leave private property. Trespass laws differ by state:

• New York Penal Law 140.05: a person who knowingly enters or remains unlawfully on premises commits trespass, which is a violation.
• Virginia Code 18.2-119: a person may be forbidden to enter or stay orally or in writing by the owner or a person in charge, such as an agent, or by signs posted where they can reasonably be seen. Breaking this rule is a Class 1 misdemeanor.
• California: the guard manual describes criminal trespass as including refusing or failing to leave property when asked.

Be polite and clear. Tell the person they must leave and why. If they refuse, step back, keep your distance and call the police. Write down what was said and when.

Lesson 6: Liability and good reports

Mistakes with arrests and detentions can lead to serious trouble. California's manual lists both kinds:

Your report protects you, your employer and the public. Write facts, not conclusions. A fact is what you saw or know to be true. "A woman got into the car and tried to start it" is a fact. "She tried to steal the car" is a conclusion.