Security gaurd legally handcuff somebody?

[simpsonm739]

Can a security gaurd that works in a shopping mall or for a private company legally handcuff someone until the police officers show up?

 

[reesek8]

Its going to vary from state to state, probably yes. Security guards can make a citizens arrest like anyone else. They don't have any law enforcement powers.

 

[kwalsh477]

In my area the department stores will have the shoplifters in handcuffs when we pick them up.

 

[dchalke]

Here in California, yes you can. Security guards don't have law enforcement powers in CA.

Section 837 of the California Penal Code allows a private person to arrest another individual under a number of circumstances.

Section 835 of the California Penal Code states that an arrest is made by an actual restraint of the person. It also says the person arrested may be subjected to such restraint as is reasonable for his arrest and detention. This includes the use of handcuffs.