A security guard has stopped an adult male wandering on their property late at night well after dark. They were found by the guard loitering near,then looking into, the windows of a...

A security guard has stopped an adult male wandering on their property late at night well after dark. They were found by the guard loitering near,

then looking into, the windows of a dormitory/residence/apartment unit. The male is uncooperative and argumentative with the guard as to the reasons why they were near the windows. The best course of action for the guard is to:

 

 

immediately arrest under the TPA for trespassing and call police

 

immediately arrest under the Criminal Code for trespass by night and call police

 

continue to question the male but not arrest unless they try to leave before their identity is known

 

call police immediately, continue to speak to the male if possible but do not attempt to arrest due to the suspect's behaviour. If the male tries to leave call police back and report the direction of travel once they leave the property.

Asked on by zofic13

2 Answers | Add Yours

jackiepaulson8's profile pic

jackiepaulson8 | (Level 1) eNoter

Posted on

Call police immediately, continue to speak to the male if possible but do not attempt to arrest due to the suspect's behaviour. If the male tries to leave call police back and report the direction of travel once they leave the property.

najm1947's profile pic

najm1947 | Elementary School Teacher | (Level 1) Valedictorian

Posted on

I don't think private guards have blanket powers to arrest any person. The powers differ from country to country and location to location. In Australia what a guard can do is given hereunder:

What security guards can and can't do

  • If a security guard sees you doing something that is not allowed in that area, like smoking or riding a bike in a shopping centre, they can ask you to leave. If you refuse, they can remove you from the premises using reasonable force.
  • A security guard can arrest you if they see you committing an offence. This is the same as a ‘citizen’s arrest’. A security guard can also hold you until the police arrive. You don’t have to answer any questions a security guard asks you.
  • A security guard can ask to search your bag. They can only search your bag if you let them. You can refuse. You can also withdraw your permission at any time during the search. However, searching your bag may be a condition of entry to some places, like shops or sports stadiums.

A security guard can’t:

  • use too much force
  • arrest, hold or question you if they only suspect you have committed an offence
  • ask you to leave an area because of your age (unless it is a legal requirement, like at a pub), race, mental illness, disability or because you may be gay or lesbian.

http://www.legalaid.vic.gov.au/752.htm

Based on above, the best option would be the last one as the guard cannot arrest, hold or question the male as they only suspect the offence as under:

call police immediately, continue to speak to the male if possible but do not attempt to arrest due to the suspect's behaviour. If the male tries to leave call police back and report the direction of travel once they leave the property.

 

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