What type of force can a guard use while detaining someone under the merchant's privilege rule?

The merchant's privilege rule allows store owners or their employees, such as security guards, to detain individuals suspected of shoplifting or theft in order to prevent loss. The guiding principle in these situations is that the force used must be reasonable and non-deadly.

The purpose of a detention under this privilege is to safeguard the interests of the merchant while simultaneously ensuring the rights of the individual being detained. Using reasonable and non-deadly force means that the guard can take actions necessary to stop the suspected theft or to enable the apprehension of the individual without causing unnecessary harm or risking the life of anyone involved. This helps maintain a balance between enforcing property rights and respecting personal safety.

As such, while a guard may need to use some level of force to detain someone, it must be appropriate to the circumstances and not escalate to deadly force or extreme measures unless absolutely necessary. This aligns with the legal expectations for private security conduct in California, ensuring that the use of force remains controlled and justifiable.