Can a guard search someone to find evidence for an arrest?

Under the California Private Security Services Act, a security guard does not have the authority to conduct searches of individuals to find evidence for an arrest. This is primarily because the role of private security personnel is distinctly different from that of law enforcement officers. While law enforcement has specific powers granted to them, including the ability to conduct searches with probable cause or with a warrant, private security guards do not possess these legal powers.

The reasons for this limitation include the protection of individuals' rights and liberties and the need for clear boundaries between private security and public law enforcement to avoid overreach and potential violations of constitutional rights. Therefore, private security personnel generally can only conduct searches or pat-downs that are necessary for safety reasons, such as to confiscate weapons or ensure that no harmful items are brought into a facility.

This understanding of the limitations on security guards’ authority is crucial for compliance with the law and for maintaining professional standards within the security industry.