A common question from business owners, property managers, and the public is whether a security guard can legally arrest someone in Colorado. The short answer is yes—but only in narrow, well-defined circumstances, and not because they are security guards. Their authority comes from Colorado’s citizen’s arrest laws, the same laws that apply to any private person.
Security Guards Are Private Citizens Under Colorado Law
In Colorado, security guards—even armed and licensed guards—are private persons, not peace officers. They do not have general law-enforcement authority and cannot arrest someone simply because they are wearing a uniform.
Any arrest made by a security guard must meet the same legal standard that applies to any private citizen.
Citizen’s Arrest Authority in Colorado
The primary statute governing arrests by private persons is Colorado Revised Statutes § 16-3-201.
Under this statute, a private person (including a security guard) may arrest someone if:
- An offense is committed in the person’s presence, or
- A felony has been committed, and the person has probable cause to believe the suspect committed it
If neither condition is met, the arrest is not lawful, regardless of company policy, client expectations, or signage.
CRS § 18-1-707(7): Effecting a Lawful Arrest
Colorado law also addresses how a private person may carry out a lawful arrest. Under Colorado Revised Statutes § 18-1-707 (7), a private person acting on their own account is justified in using reasonable and appropriate physical force when and to the extent reasonably believed necessary:
- To effect an arrest, or
- To prevent the escape from custody of an arrested person,
- When the person committed an offense in the private person’s presence
This statute does not create arrest authority. It assumes the arrest is already lawful under CRS § 16-3-201 and simply recognizes that an arrest may require limited physical action to complete.
How the Two Statutes Work Together
These statutes often sound similar because they rely on the same factual trigger—an offense committed in the person’s presence—but they serve different purposes:
- CRS § 16-3-201 answers: When may a private person arrest someone?
- CRS § 18-1-707(7) answers: How may that arrest be physically effected?
Together, they confirm that:
- Security guards have no special arrest powers
- Arrest authority is narrow and fact-specific
- Any physical force used must be reasonable and appropriate
Probable Cause Still Applies
Even when an offense is committed in a guard’s presence, arrests are not automatic. In practice, a security guard must still have probable cause—a reasonable belief, based on articulable facts, that:
- A crime occurred, and
- A specific person committed it
Probable cause is the highest level of certainty required to make an arrest, short of proof beyond a reasonable doubt, which is reserved for criminal convictions in court. Suspicion, assumptions, or third-party accusations alone are not enough.
Agency Authority on Private Property
Although security guards are private citizens, they are not random bystanders. When on duty, guards act under agency authority granted by the property owner through contract.
Agency authority means:
- The guard is lawfully present on the property
- The guard may enforce property rules and control access
- The guard acts on behalf of the owner within the scope of the assignment
This is not power of attorney and does not grant police powers, but it explains why a member of the public cannot lawfully “arrest the guard” simply for doing their job.
Can a Security Guard Arrest Someone Outside Their Agency Authority?
Yes—but it is rare and strongly discouraged.
A security guard does not lose their rights as a private citizen simply because they are on duty. In theory, a guard could make a citizen’s arrest outside their assigned property if the legal requirements are met.
In practice, however, security guards almost never do this.
Most security companies prohibit arrests outside a guard’s assigned site because:
- There is no agency authority from a property owner
- There is no contractual protection
- Civil liability risk increases significantly
If a security guard ever arrests someone outside their agency authority, it should involve a serious, clearly observable crime, clear probable cause, and an immediate need to act. Even then, the guard would be acting as a private citizen, not as a security guard.
Key Takeaway
A security guard in Colorado can arrest someone, but only under the same narrow circumstances that apply to any private citizen. Arrests must be based on a crime committed in the guard’s presence or a felony with probable cause, and guards must be able to clearly articulate what happened and why.
Arrests should be rare, carefully justified, and treated as a last resort, with law enforcement notified as soon as possible.
Q & A: Security Guard Arrests in Colorado
Q: Can a security guard arrest me just for refusing to leave?
A: Usually no. Refusing to leave private property is typically handled by removal or calling law enforcement, unless the refusal rises to a criminal offense and meets citizen’s arrest standards.
Q: Can a security guard arrest someone based on what an employee told them?
A: High risk. Third-party reports alone generally do not establish probable cause for a citizen’s arrest. Law enforcement should make that decision.
Q: Can I arrest a security guard if I think they’re wrong?
A: No. Disagreement is not a crime. A private person can only arrest someone if an actual offense occurred under citizen’s arrest standards.
Q: Do security guards need probable cause to arrest someone?
A: Yes. Probable cause is required to justify an arrest and is the highest level of certainty short of proof beyond a reasonable doubt.
Q: Can a security guard arrest someone off the property they are assigned to?
A: Technically yes, under citizen’s arrest law—but in practice, guards almost never do, and most companies prohibit it except in extreme circumstances involving serious crimes.
Q: Do security guards have police powers?
A: No. Guards are private citizens acting under agency authority on private property, not peace officers.
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Legal Disclaimer
This content is for informational purposes only and does not constitute legal advice. Patrol Guard Security Services, (PGSS LLC) makes no legal representations, and laws may change or apply differently based on specific circumstances. Readers should consult a qualified attorney regarding legal questions. PGSS assumes no liability for actions taken based on this information.
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