Can a security guard legally arrest you in SC? Here’s what state law says

Patrick McCreless

Whether at a mall, a school or a club, chances are you’ve encountered a security guard or two in South Carolina.

Those guards are there to protect patrons, staff and property. However, just what are the powers and limits that security guards have in South Carolina to carry out those duties?

Can a security guard legally arrest people? Could they even sign warrants like a police officer of sheriff’s deputy?

Here’s what to know about security guard law in South Carolina.

Can SC security guards arrest you?

If you commit a crime under state law where the security guard works then yes, he or she can arrest you.

According to Section 40-18-110 of South Carolina state law, a licensed person who is hired to provide security on specific property is granted the authority and arrest power given to sheriff’s deputies.

“The security officer may arrest a person violating or charged with violating a criminal statute of this state but possesses the powers of arrest only on the property on which he is employed,” the law states.

Security guard warrants

But what about warrants? Can a security guard sign a warrant like a deputy? Turns out that a security guard has that authority in South Carolina too.

Gov. Henry McMaster, back when he was attorney general of the state, wrote an opinion on the question in 2009.

“In the opinion of this office, a security guard has the right to sign an arrest warrant on a suspect that has committed an offense on the property the guard is contracted to protect,” McMaster wrote.

As part of his opinion, McMaster referenced a prior opinion from his office in 1983 that recognized the authority of security guards to go to a magistrate and swear out a warrant. That opinion, in turn, referenced a 1973 attorney general’s opinion that “ … any person who had knowledge of the facts involved, either directly or upon information imparted to him by others, could sign an affidavit upon which an arrest warrant could be issued.”

Security guard limits

A security guard isn’t just limited to enforcement on the property they’re hired to work on. Security guards are also prohibited from using excessive force in performance of their duties, according to Joye Law Firm of North Charleston.

“A security guard or bouncer may use a restraining hold on a person to break up a fight or forcibly remove them from the premises,” the law firm states. “If an individual has broken the law, the bouncer or security guard may detain them for police. But regardless of the circumstances, the amount of force used must be reasonable.”

Excessive force by a security guard, according to the law firm, includes:

  • Repeatedly hitting someone with fists, kicking or choking to subdue them

  • Body slamming or dragging someone to the ground

  • Using a weapon such as a baton or stun gun

  • Purposely injuring someone such as by smashing their head into a wall or the ground, kneeling on their neck or employing punishing holds

SC security guard training

People can’t just walk in off the street in South Carolina and get hired to immediately start working as a security guard. They must be trained and licensed, all of which is overseen by the South Carolina Law Enforcement Division.

For instance, all new security officers seeking registration must complete a basic training course from a certified officer. Security officers whose assignments include additional duties must undertake a higher level of training.

Security officers granted authority to carry firearms must complete SLED-approved firearms training from a certified instructor prior to initial registration and then re-qualify annually.

Advertisement