В Техасе определены четкие границы полномочий частных охранников по задержанию и аресту

Private security guards in Texas have limited authority to detain or arrest individuals under specific circumstances outlined by state law. Security guards cannot detain someone based solely on suspicion, but can do so if they reasonably believe theft has occurred or if they witness a felony or offense against public peace. While security guards have the authority to protect private property, they are not allowed to unlawfully restrain individuals, carry firearms without proper commission, or impersonate police officers. Security guards are a common sight at malls, sporting events and other private businesses and events. They may be the first to respond when something unusual or potentially dangerous happens. This video created with the assistance of AI. Some guards even wear uniforms that resemble those worn by police officers. But do private security guards have the same authority as police? Not exactly. Texas law gives private security guards some authority to detain or arrest people in limited circumstances, but their powers are much narrower than those of law enforcement officers. Advertisement Advertisement Advertisement Advertisement Here's what Texas law says about what security guards can - and can't - do. Can security guards arrest someone in Texas? Security guards are not police officers. But, like other private citizens, they can make an arrest in limited circumstances under Texas law. A police arrest is a formal process in which a sworn law enforcement officer takes a person into custody, typically followed by booking and the filing of criminal charges. Can a security guard detain you in Texas? Yes, but it depends on the circumstances. A private security guard can't detain you just because they feel like it. Nor can they make arrest based on suspicion. They do not have the same broad arrest powers as police officers. Advertisement Advertisement For example, Texas law allows a person who reasonably believes someone has stolen or is attempting to steal property to detain that person in a reasonable manner and for a reasonable time to investigate ownership of the property. Under Texas Code of Criminal Procedure Article 14.01(a), "A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace."  Texas law also provides specific authority to detain someone suspected of theft. Under Texas Civil Practice and Remedies Code § 124.001, " A person who reasonably believes that another has stolen or is attempting to steal property is privileged to detain that person in a reasonable manner and for a reasonable time to investigate ownership of the property."  If a security guard lawfully detains or arrests someone, the guard may hold the person until law enforcement arrives and takes custody. Police, rather than the private security guard, would then determine what further law-enforcement action is appropriate. What is an example of what a private security guard can and can't do? Below are some examples of when a security guard could legally detain or arrest someone. Situation | Guard's likely authority Guard simply thinks someone is suspicious | Generally not enough by itself for a forced detention Guard reasonably suspects theft of property | May detain for in a reasonable manner and for a reasonable time to investigate Guard personally witnesses a felony | May make a citizen's arrest under Code of Criminal Procedure Article 14.01(a) Guard personally witnesses an offense against the public peace | May make a citizen's arrest under Code of Criminal Procedure Article 14.01(a) Guard witnesses an ordinary misdemeanor that isn't against the public peace | Generally no citizen-arrest authority under Article 14.01(a) merely because the guard witnessed it Guard uses force | Must fall within Texas' justification rules and be tied to a lawful arrest or another applicable justification What is a citizen's arrest?  A citizen's arrest is an arrest made by a private citizen or a person who is not acting as a sworn law-enforcement official.  Advertisement Advertisement While Texas law allows civilians to make an arrest in limited circumstances, that authority is far narrower than the powers given to police officers. A private citizen may make a lawful arrest only in specific situations, and acting outside those limits could lead to civil or criminal liability. What are security guards not allowed to do? Security guards in Texas have authority to protect private property and, in limited situations, detain or arrest someone. But they are not police officers, and several things fall outside their ordinary authority. Here are actions that security guards can't do:  Detain someone merely because they seem suspicious. Hold someone indefinitely. Unlawfully restrain someone. Texas Penal Code §20.02 makes it an offense to intentionally or knowingly restrain another person without lawful justification Carry a firearm while working as an armed security officer without the required commission. Texas Occupations Code §1702.161 generally requires a security officer commission to carry a firearm in the course and scope of security duties. Pretend to be a police officer or exercise police powers they do not have. Sign up for the Daily Briefing from the Austin American-Statesman. Start your day with the must-read headlines from Austin's most trusted news source. This article originally published at Can a security guard detain or arrest you in Texas? What the law says.