California Penal Code Section 835a Governs the Use of Force by Security Guards

Security guards in California are subject to various laws and regulations regarding the use of force, with California Penal Code Section 835a being the primary law governing this area. This law gives security guards the same powers of arrest as private citizens but limits their use of force to reasonable force to detain someone or protect themselves or others. The force used must be necessary and proportional to the threat, and security guards must follow their employer’s policies and procedures and complete training on the use of force.

Civil Liability for Excessive Use of Force

If security guards in California use excessive or unreasonable force, they and their employers can face civil liability and lawsuits. This requirement ensures that security guards are appropriately trained and held accountable for their actions.

Other Laws and Regulations Affecting Security Guards’ Use of Force

California’s security companies must also comply with additional laws and regulations. California Business and Professions Code Section 7583.7 mandates that security guards complete specific training before carrying a firearm on duty, while California Penal Code Section 196 and Section 835a require security guards to use only reasonable force in carrying out their duties. Security guards must report any use of force to their employer and law enforcement agencies.

Training and Licensing Requirements

Before working as a security guard in California, individuals must complete specific training and obtain a license. This training covers a variety of topics, including the use of force, communication skills, and legal requirements for security guards.

Importance of Regulations for Public Protection

The regulations governing the use of force by security guards in California ensure that security companies are held responsible for their actions and that the public is protected from excessive force. These regulations are critical in ensuring that security guards are properly trained and equipped to handle dangerous situations.

Liabilities for Noncompliance

Failure to comply with the regulations regarding the use of force by security guards in California can result in significant liabilities for security companies, including legal action, fines, and damage to their reputation.

Conclusion

The use of force by security guards in California is heavily regulated, and security companies must adhere to strict laws and regulations governing this area. These regulations are in place to protect the public and ensure that security guards are properly trained and equipped to handle potentially dangerous situations. Failure to comply with these regulations can result in serious consequences for security companies.