Tag: Security Guard Duties

Legal & Law

When Can a Security Guard Use Force in Colorado?

Mark Schneider

Security guards in Colorado are tasked with protecting life and property — but their authority to use force is limited by law. Unlike law enforcement officers, guards are private citizens and must follow specific statutes that govern when and how force can be legally used.

This guide explains Colorado’s use-of-force laws and how they apply to security guards, including:

  • Self-defense (C.R.S. § 18-1-704)
  • Defense of property (C.R.S. § 18-1-705)
  • Trespass and theft prevention (C.R.S. § 18-1-706)
  • Force by peace officers (C.R.S. § 18-1-707)
  • Shopkeeper’s Privilege (C.R.S. § 18-4-407)

🔹 C.R.S. § 18-1-704 – Use of Force in Self-Defense or Defense of Others

A security guard may use physical force when they reasonably believe it is necessary to:

  • Defend themselves or another person from imminent use of unlawful physical force

Deadly force is only justified if:

  • The guard reasonably believes it is necessary to prevent death, serious bodily injury, sexual assault, kidnapping, or robbery

Key Takeaway: The force used must be reasonable and proportional to the threat. If the threat stops, the force must stop. Whenever possible, guards should attempt to de-escalate before resorting to force.

🔹 C.R.S. § 18-1-705 – Use of Force in Defense of Property

Security guards are allowed to use reasonable, non-deadly force to:

  • Prevent or stop an unlawful intrusion or interference with real or personal property

However, deadly force is not permitted solely to protect property. It can only be used if there’s a simultaneous threat of serious harm or death.

🔹 C.R.S. § 18-1-706 – Use of Force to Prevent Theft or Trespass

Guards may use reasonable and appropriate non-deadly force to stop:

  • Theft
  • Criminal mischief (property damage)
  • Trespassing

Once the suspect flees or the crime stops, any continued use of force is no longer justified and may be considered assault or unlawful detention.

🔹 C.R.S. § 18-1-707 – Use of Force by Peace Officers

This statute applies only to peace officers (POST-certified law enforcement).

However, subsection (2)(c) allows a private person to assist an officer in making an arrest if ordered to do so by the officer:

“A peace officer may use physical force… and a person assisting at his direction may use reasonable and appropriate physical force.”

Security guards do not have the authority of peace officers, but if law enforcement gives a lawful order to assist, they may do so using reasonable force under that officer’s direction.

🔹 Citizen’s Arrest in Colorado

Colorado law does permit a private person — including a guard — to detain someone if they have knowledge a crime has occurred (not just suspicion). However, this carries high legal risk and should only be done:

  • When the offense was committed in the guard’s presence
  • With the minimum force necessary
  • While immediately notifying law enforcement

Even though legal, citizen’s arrest by security guards is discouraged unless absolutely necessary and should follow company policy and legal guidance.

🔹 C.R.S. § 18-4-407 – Shopkeeper’s Privilege

Colorado law recognizes a guard’s right to briefly detain and question someone suspected of theft, as long as it is done lawfully and reasonably.

C.R.S. § 18-4-407 permits:

“If any person triggers a theft detection device or conceals unpurchased merchandise and a merchant or employee detains them in a reasonable manner and for a reasonable time, they shall not be liable for false arrest, false imprisonment, slander, or unlawful detention.”

Conditions to Apply Shopkeeper’s Privilege:

  • You must have probable cause (reasonable grounds to believe theft occurred)
  • Detention must be in good faith
  • Detention must be done in a reasonable manner
  • Detention must last a reasonable amount of time
  • Law enforcement should be contacted immediately

⚠️ Use of excessive force, threats, or unlawful searches voids these protections and can lead to criminal or civil liability.

✅ Summary: What Security Guards Can Do in Colorado

SituationCan a Guard Use Force?Notes
Self-defense / Defense of Others✅ YesMust be reasonable and proportional; deadly force only for serious threats
Defense of Property✅ Yes (non-deadly only)Cannot use deadly force to protect property alone
Preventing Theft or Trespass✅ Yes (non-deadly only)Only while crime is in progress
Detaining Suspected Shoplifters✅ Yes (under C.R.S. § 18-4-407)Must meet all legal conditions of shopkeeper’s privilege
Deadly Force for Property Crimes❌ NoNot justified unless combined with serious bodily harm threat
Use of Force Off Property❌ No (except under citizen’s arrest laws)Not recommended due to high liability
Assist Officer if Ordered✅ YesMay assist LEOs using reasonable force under 18-1-707(2)(c)

🛑 What Security Guards Cannot Do

  • Use force to punish or retaliate
  • Continue force after the threat ends
  • Chase and tackle suspects off property
  • Conduct physical searches without consent
  • Detain someone without probable cause

📝 Reporting and Liability

Even when justified, all uses of force must be documented in an incident report. Guards must be trained to articulate:

  • The perceived threat
  • The level of force used
  • How it was proportional
  • When the force ceased

Improper use of force can lead to:

  • Termination
  • Civil lawsuits
  • Criminal charges

📢 Ready to Train Professionally?

Understanding Colorado use-of-force law is just the beginning. Whether you’re new to the industry or need recertification, we offer professional security guard training that covers legal authority, force options, reporting, de-escalation, and more.

👉 Click here to learn more about our Colorado Security Guard Training.

⚠️ Legal Disclaimer

This article is for educational and informational purposes only and is not legal advice. Colorado law is subject to change, and legal interpretations can vary. Always consult a qualified attorney or supervisor for guidance on use-of-force policies and liability issues.

Concealed Carry

The Essential Duties of a Security Guard: D.O.R.D.D.

Mark Schneider

D.O.R.D.D.: The Core Responsibilities of a Security Guard

In the realm of security, the acronym D.O.R.D.D. encapsulates the primary responsibilities of a security guard: Deter/Detect, Observe, Report, Detain, and Defend. Each component is vital in ensuring safety and security across various environments. Let’s explore each element to understand its significance and implementation.

Deter/Detect

Deter: The primary duty of a security guard is to deter crime, incidents, and accidents. The presence of a security guard, dressed in a clean, sharp uniform and maintaining good hygiene, serves as a powerful deterrent. This visibility is enhanced by ensuring that perimeters are secure, gates and doors are locked, and entrances are monitored. Credentials of employees and contractors should be checked, and guests should be vetted and screened as necessary. During foot patrols, guards must be visibly present in areas of concern, and marked vehicles equipped with flashing lights should be used for vehicle patrols.

A security guard’s presence can prevent potential wrongdoers from attempting crimes. This is supported by the psychological concept known as the “broken windows theory,” which suggests that visible signs of order and law enforcement can prevent more serious crimes from occurring. Guards should regularly check perimeter signs, fences, gates, and locked doors to ensure they are well-maintained and functional. Additionally, they should man entrances requiring access control, ensuring only authorized personnel can enter.

Detect: Detection responsibilities vary based on the client’s needs and the type of security required. In a retail setting, this might involve identifying suspicious individuals, employee theft, or potential hazards like wet floors. It can also include checking for fire code violations or monitoring unauthorized areas for trespassers. Detection tasks are tailored to prevent potential losses and ensure safety, adapting to the client’s requirements and security needs.

Detection involves not only identifying potential threats but also recognizing patterns and behaviors that could indicate future problems. For instance, in an industrial setting, a security guard might detect safety violations or equipment malfunctions that could lead to accidents. In a residential complex, guards might look for signs of unauthorized entry or vandalism. Effective detection requires training in recognizing various types of threats and understanding the specific vulnerabilities of the protected environment.

Observe

A proficient security guard must have excellent observation skills. This involves watching for suspicious individuals, potential losses, and ensuring the safety of customers, employees, and fellow guards. Jeff Cooper’s color code of situational awareness is useful here, ranging from white (unalert) to red (taking action). Guards should maintain a relaxed awareness (yellow), elevate to heightened awareness (orange) when threats are identified, and be ready to act (red) if necessary.

Observation goes beyond simply watching; it requires a keen awareness of the environment and an understanding of normal versus abnormal behavior. Security guards should be trained in behavioral analysis to detect signs of nervousness, aggression, or other suspicious behavior. Regularly reviewing and analyzing security footage can also enhance observational skills, allowing guards to notice patterns or anomalies that may indicate a security breach.

Report

Effective reporting is crucial for security guards. This can include dialing 911, contacting a supervisor, communicating with another guard, reporting to the client, or informing a police officer. Reports might also be made to company dispatch or recorded in daily activity logs and security reports. These reports must be clear, articulate, and precise, ensuring comprehensive understanding. Utilizing the six W’s—who, what, where, when, why, and how—helps structure effective reports.

Reporting is not just about relaying information; it’s about documenting incidents accurately and thoroughly. Security guards should be trained in report writing, focusing on clarity, objectivity, and detail. Reports should be free of bias and speculation, sticking to observable facts. This documentation is crucial not only for immediate response but also for legal proceedings and future reference. Digital reporting tools can streamline this process, ensuring that reports are timely and easily accessible.

Detain

Detaining individuals should only occur if it is specified in the post orders with clear rules of engagement. This policy is based on the client contract, company policy, post orders, and use of force policy. Guards should only detain if they witness a crime firsthand, either directly or via live CCTV feed. Detainment must be based on objective facts and clear evidence, and it should only occur if it is safe to do so. Physical force should be minimal, necessary, reasonable, and proportionate.

Detainment is a serious responsibility that requires training in legal and procedural protocols. Security guards must understand the legal boundaries of citizen’s arrest and the importance of probable cause. They should be equipped with de-escalation techniques to handle potentially volatile situations calmly and professionally. Any physical intervention should be the last resort, and guards must be trained in the appropriate use of restraint techniques to avoid causing harm.

Defend

The final duty is to defend. Guards must first protect themselves to be effective in their roles. They should also protect other guards, employees, customers, and bystanders from harm, including assaults, slips and falls, hazards, and threats like robbery. While property protection is important, human safety should always be prioritized. Any use of force, such as deploying a baton, spray, or taser, should be strictly for self-defense or defending others. Firearms should only be drawn in situations where there is an immediate threat of grave bodily injury or death.

Defending oneself and others involves a combination of physical fitness, training, and mental preparedness. Security guards should undergo regular training in self-defense, first aid, and emergency response. They should be familiar with the use of non-lethal defense tools and understand the legal implications of using such tools. In high-risk environments, advanced training in crisis management and tactical response may be necessary to ensure effective defense without escalating situations unnecessarily.

Conclusion

The D.O.R.D.D. framework—Deter/Detect, Observe, Report, Detain, Defend—encapsulates the essential duties of a security guard. By adhering to these principles, security guards can effectively maintain safety and security, ensuring they fulfill their roles responsibly and professionally. Remember, while security guards are trained and licensed, they are ultimately citizens with the primary goal of safeguarding people and property within the boundaries of the law and ethical conduct.

This comprehensive approach not only ensures immediate safety but also contributes to a secure and orderly environment in the long term. Security guards play a critical role in upholding the safety standards of the communities and properties they protect, making the D.O.R.D.D. framework an indispensable guideline for their duties.

Concealed Carry

The Limits of Security Guard Authority: Understanding Probable Cause and Reasonable Suspicion in Colorado

Mark Schneider

Security guards play a crucial role in maintaining safety and order in various settings, from shopping malls to office buildings. In Colorado, security guards are subject to specific laws and regulations that define the extent of their authority, particularly regarding the detainment of individuals. This article will delve into the legal framework governing security guard actions in Colorado, focusing on the use of probable cause for detaining individuals as outlined in statutes 18-1-707, 18-4-407, and 16-3-201. Furthermore, it will distinguish between probable cause and reasonable suspicion, highlighting the differences in authority between security guards and police officers.

Understanding Probable Cause and Reasonable Suspicion

To comprehend the limits of security guard authority, it is essential to understand the concepts of probable cause and reasonable suspicion.

Probable Cause: Probable cause refers to a reasonable belief, based on factual evidence, that a person has committed a crime. It is a higher standard of proof than reasonable suspicion and is required for security guards in Colorado when detaining individuals. Probable cause must be grounded in specific and articulable facts, rather than mere suspicion or hunches. For instance, if a security guard witnesses someone shoplifting through live CCTV footage or in person, they have probable cause to detain that individual.

Reasonable Suspicion: Reasonable suspicion is a lower standard of proof compared to probable cause. It allows law enforcement officers to stop and investigate individuals based on specific and articulable facts suggesting that a person may be involved in criminal activity. Unlike probable cause, reasonable suspicion does not require concrete evidence but rather a reasonable inference based on observed behavior. For example, if a police officer observes someone loitering suspiciously near a closed store late at night, they may have reasonable suspicion to stop and question the individual.

While police officers can act on reasonable suspicion, security guards in Colorado are limited to acting on probable cause when detaining someone. This distinction underscores the differences in authority and responsibilities between security guards and law enforcement officers.

Legal Framework for Security Guard Detainment in Colorado

Security guards in Colorado must adhere to specific statutes that outline their authority to detain individuals. The relevant statutes include 18-1-707, 18-4-407, and 16-3-201.

Statute 18-1-707: Use of Physical Force in Making an Arrest or in Preventing an Escape
This statute provides guidelines on the use of physical force by security guards when detaining or preventing an escape. Security guards are permitted to use reasonable and appropriate physical force to detain individuals if they have probable cause to believe that the person has committed a crime. However, the use of deadly force is only justified in situations where the guard reasonably believes it is necessary to prevent imminent death or serious bodily injury.

Statute 18-4-407: Detention of Shoplifting Suspects
This statute specifically addresses the detainment of individuals suspected of shoplifting. Security guards in retail settings are authorized to detain individuals if they have probable cause to believe that the person has committed or is attempting to commit theft. The probable cause must be based on direct observation, such as witnessing the act in person or through live CCTV footage. The detention must be reasonable in manner and duration, and the suspect must be released or handed over to law enforcement promptly.

Statute 16-3-201: Arrest by a Private Person
This statute allows private individuals, including security guards, to arrest someone if they witness the commission of a crime. The security guard must have probable cause to believe that the individual has committed an offense, and the arrest must be made in a reasonable manner. Once the individual is detained, the security guard must immediately inform law enforcement and transfer custody to them as soon as possible.

When Can Security Guards Detain Individuals?

Security guards can detain individuals when they have probable cause to believe that a crime has been committed. Here are some scenarios where probable cause justifies detention:

  1. Witnessing a Crime in Person: If a security guard directly observes an individual committing a crime, such as shoplifting, vandalism, or assault, they have probable cause to detain the person. The guard’s firsthand observation provides the necessary factual basis for detention.
  2. Live CCTV Footage: Security guards monitoring live CCTV footage may detain individuals if they witness a crime in progress. For example, if a guard sees someone concealing merchandise without paying, they have probable cause to detain the suspect based on the live footage.
  3. Physical Evidence: If a security guard finds physical evidence linking an individual to a crime, such as stolen merchandise in their possession, it constitutes probable cause for detention. The guard must document the evidence and ensure it is preserved for law enforcement.

The Role of Company Policies and Procedures

While statutes provide the legal framework for security guard actions, company policies and procedures play a crucial role in guiding their conduct. Security guards must adhere to their employer’s policies, including post orders, use of force policies, and detainment procedures. These policies are designed to ensure that guards act within legal boundaries and maintain professional standards.

Post Orders: Post orders outline the specific duties and responsibilities of security guards at a particular location. They provide detailed instructions on how to handle various situations, including detaining individuals. Guards must follow post orders to ensure consistent and lawful conduct.

Use of Force Policy: A company’s use of force policy defines the acceptable level of force that security guards may use in different scenarios. It typically includes guidelines on escalating and de-escalating force based on the situation. Guards must adhere to this policy to avoid excessive force and potential legal repercussions.

Detainment Policy: The detainment policy outlines the procedures for detaining individuals, including when and how to contact law enforcement. It provides a framework for ensuring that detentions are conducted legally and ethically. Guards must follow this policy to ensure proper handling of detainees and minimize liability for their employer.

Conclusion

Security guards in Colorado operate within a well-defined legal framework that restricts their authority to detain individuals based on probable cause. Unlike police officers, who can act on reasonable suspicion, security guards must have concrete evidence or direct observation of a crime to justify detention. This distinction underscores the importance of understanding the limits of security guard authority and adhering to legal standards.

Security guards must be familiar with relevant statutes, such as 18-1-707, 18-4-407, and 16-3-201, to ensure compliance with the law. Additionally, they must follow their company’s policies, including post orders, use of force policies, and detainment procedures, to maintain professional standards and avoid legal issues.

By understanding the differences between probable cause and reasonable suspicion and adhering to legal and company guidelines, security guards can effectively perform their duties while respecting the rights of individuals and minimizing potential liabilities.