Last Updated on April 18, 2025
Basic security guard training Unit 3 Lesson (C)
A security guard or police officer can conduct a search and seizure following a lawful arrest. However, it is crucial to understand the legal aspects involved before performing any search.
Every individual has the right to be protected against unreasonable or illegal search and seizure, especially when it comes to the confiscation of personal property.
The authority to search and seize is closely tied to the power of arrest and must always be exercised within the limits of the law. While a security guard may be referred to as a “peace officer” in court, the legal standards apply universally, regardless of your role.
If you suspect that the person in custody possesses evidence related to an incident, you cannot proceed with a search without their consent or legal authority.
Consent and Limitations
Always seek general permission from the arrested person before initiating a search. Conducting a search and seizure on an underage individual without proper legal backing can result in serious legal consequences, including potential imprisonment.
A security guard has no greater authority than an ordinary citizen when it comes to searching individuals. The law permits a search only to prevent injury or to disarm a potentially dangerous person.
Therefore, search and seizure procedures should only be carried out to disarm the suspect or ensure public safety, not to gather unrelated evidence.
Legal Grounds for Search and Seizure
Certain conditions allow a security guard to conduct a limited search:
- If you reasonably believe the person has a weapon or an object that could be used as one.
- If you suspect the person has tools that could assist in escaping custody.
Any search conducted beyond these boundaries may be considered an illegal search and seizure, violating the individual’s fundamental rights.
Handling of Evidence
If evidence supporting the charge may be destroyed or removed before police arrive, a reasonable and immediate search may be justified.
However, only items directly related to the case should be seized. Searching for unrelated objects without a valid reason is not only unlawful but may result in you being called to court for violating personal rights.
Remember, the search cannot be an excuse to look for personal belongings that have no relevance to the situation. Always aim to gain cooperation from the arrested individual and respect their dignity during the process.
Legal Consequences of Illegal Search and Seizure
Performing an unreasonable search can lead to serious consequences for a security guard:
- Disciplinary action by the company, including suspension or termination.
- Legal action for false imprisonment or use of excessive force.
- Civil or criminal liability if injury occurs during the arrest or search process.
Best Practices for Security Guards
- Never conduct a search without solid legal grounds or consent.
- Always follow your company’s policy on searching detained individuals.
- Submit any seized items to the police and ensure they are properly recorded.
- Understand that search and seizure procedures must be linked directly to the arrest and justified by safety concerns.
Difference Between a Frisk and a Full Search
- Frisk (Pat-down): A limited external search for weapons (usually over clothing) for safety.
- Full Search: More intrusive and should only be done under very specific legal grounds.
2. Documentation and Incident Reporting
- Teach guards how to properly document a search and seizure.
- Include what to write: time, location, reason for search, whether consent was given, what was found, and what was done with the item.
3. Role of CCTV and Witnesses During Search
- If available, conduct searches in front of CCTV or in the presence of another security guard to protect against false accusations.
- Encouraging transparency and accountability.
4. Gender Sensitivity and Cultural Considerations
- Searches should always be conducted by the same-gender guard when possible.
- Respect cultural norms and personal dignity, especially in multicultural environments like the UAE.
5. Searches in Private vs. Public Areas
- Clarify the rules for searching someone in public areas (e.g., malls, parks) vs. private property (e.g., company premises).
- Where does the law give you more authority?
6. What NOT to Do During a Search
- Do not use offensive language or threats.
- Avoid physical contact beyond what is necessary.
- Never search bags or personal items unless there’s a strong, visible cause (e.g., suspicion of theft or weapon).
Conclusion
The issue of search and seizure is a sensitive legal matter. Security guards must be fully aware of their rights and limitations to avoid illegal search and seizure claims.
A proper search should be based on reasonable suspicion, conducted respectfully, and aligned with company policy and legal standards.
