What Security Guards Can and Can’t Do in Tennessee: A Concise Guide
Security guards play a vital role in protecting businesses and ensuring safety. However, understanding their limits is crucial to prevent liability and maintain effective operations. In this guide, we’ll break down what security personnel can and cannot do, focusing on detainment, the use of force, and searches.
The Role of Security Guards vs. Police and Law Enforcement
Security guards are private employees, not public officers. Their responsibilities include preventing crime, observing suspicious activities, and detaining suspects until law enforcement arrives. They are not authorized to conduct full investigations, arrest suspects without witnessing a crime, or impersonate law enforcement.
What Security Guards Can Do in Tennessee
- Deny Entry: Security can refuse entry to individuals without proper ID, those behaving suspiciously, or those on a blacklist.
- Remove Trespassers: Guards can ask trespassers to leave, detain them briefly for questioning (in certain jurisdictions), and escort them off the property.
- Request Searches: Guards can ask for consent to search bags or personal items but cannot force a search. If consent is refused, they may deny entry and call the police.
- Perform Citizen’s Arrests: If a guard witnesses a crime, they can detain the suspect until police arrive, using only minimal force.
- Use of Force: Guards are allowed to use reasonable force to protect themselves or others, but excessive force can lead to liability.
- Carry Weapons: Guards can carry firearms with proper permits, but training and guidelines must be strictly followed.
- Detain Suspects: Guards can detain a suspect only until law enforcement arrives, but they cannot hold someone indefinitely or without reasonable cause.
What Security Guards Cannot Do in Tennessee
- Search Without Consent: Guards Security guards can only conduct searches if consent is given. This includes bag checks, body searches, or examining personal items. In cases of suspected criminal activity, they can detain the person and alert law enforcement, who may have the legal grounds to perform a search.
- Use Excessive Force: Guards cannot use excessive force, such as physical restraint beyond what’s necessary. Actions like handcuffing, punching, or using weapons (except in self-defense or specific jurisdictions) are prohibited.
- Impersonate Law Enforcement: Guards must not act or claim to be police officers. They must clearly identify themselves as security personnel.
- Hold People Indefinitely: Guards must contact law enforcement immediately if they detain a suspect.
- Perform Traffic Stops: Security guards cannot stop vehicles or enforce traffic laws. Their authority is confined to the property they are hired to protect.
When Should Security Guards Call the Police?
If a situation escalates beyond their legal authority—such as a trespasser refusing to leave, a suspected crime occurring, or excessive force being required—security guards should immediately call the police. This ensures the situation is handled by those with proper legal authority.
The Importance of Proper Security Guard Training
Security guards need to be trained in:
- Use of Force: They should understand when to use force and when to de-escalate situations.
- Boundaries: Guards must know their limitations, especially regarding arrests, searches, and detaining individuals.
- Crisis Management: Guards should be prepared to handle emotionally charged or dangerous situations, using their training to defuse conflict.
Security Guard Regulations in Tennessee
In Tennessee, security guards must comply with specific state regulations to perform their duties legally. Understanding the local laws governing security personnel is essential for both employers and security officers to avoid legal issues.
- Licensing Requirements: Security guards in Tennessee are required to be licensed by the Tennessee Department of Commerce and Insurance (TDCI). They must complete a background check and meet specific training requirements to obtain a license. Guards are also required to renew their license periodically.
- Detainment & Arrest: Security guards in Tennessee have limited authority to detain individuals. They can make a citizen’s arrest if they directly witness a crime being committed. However, like in many other states, the use of force must be minimal and reasonable. Guards must contact law enforcement immediately after detaining a suspect.
- Searches: As in other states, security guards in Tennessee cannot perform searches without the clear consent of the individual. If consent is refused, guards can deny entry to the premises or ask the individual to leave but cannot force a search.
- Weapons: Tennessee law allows armed security guards, but they must possess the necessary permits and undergo specific training to carry firearms, batons, or other weapons. Security companies must ensure their staff is properly trained in the use of force and weapon safety to prevent liabilities.
- Authority Limits: Tennessee security guards cannot impersonate law enforcement officers. They must identify themselves as security personnel and cannot exercise law enforcement powers like pulling over vehicles or enforcing traffic laws. Guards are also prohibited from holding someone indefinitely; they must contact the police once detainment is necessary.
- Use of Force: Security guards in Tennessee are permitted to use reasonable and necessary force to protect themselves or others. The force used must always be proportionate to the situation. Excessive force, especially in situations where the individual is not posing a threat, can result in criminal charges or civil lawsuits.
What This Means for Your Business, When it Comes to Security Guards
If you employ security guards in Tennessee, it’s essential to ensure they are fully trained and understand both their rights and limitations. Training programs should cover the following:
- Legal requirements for detainment and arrests
- How to request consent for searches and the proper handling of refusals
- The circumstances under which force can be used, and how to handle high-risk situations without escalating them