When may a security guard detain a suspect?

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A security guard is authorized to detain a suspect when they have probable cause, which means they possess a reasonable belief based on facts that a crime has been committed or is being committed, and that the individual they wish to detain is involved in that crime. This standard is essential because it protects the rights of individuals against arbitrary detention and ensures that guards act within the scope of the law.

Probable cause provides a solid legal foundation for the detention, enabling security guards to take necessary actions in situations where immediate intervention is required to prevent further criminal activity or to ensure safety. This allows the security guard to make informed decisions based on observable evidence or concerning behavior, rather than baseless intuition or conjecture.

In contrast, simply having an intuitive feeling does not meet the legal standards required for detention, nor does relying solely on the request of law enforcement without any observed evidence of wrongdoing justify an independent action by the guard. While a suspect being in plain sight can contribute to forming probable cause, it alone does not provide enough basis for a lawful detention without additional context or evidence of unlawful activity.

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