Can a Las Vegas Security Guard Make an Arrest?

A Security Officer Network Guide

According to Nevada law, in certain circumstances a Las Vegas security guard is authorized to make an arrest.

LAST EDIT July 5, 2017

An Old G4S Security Truck

Nevada law establishes the arrest power of Las Vegas security guards: they are identical to the arrest powers of a "private person."

Nevada law allows private persons to make an arrest under the following three conditions:

1. when a crime is attempted in the presence of the person who makes the arrest; or
2. when the arrested person has committed a felony, regardless of whether or not the felony was committed in the presence of the arresting person; or
3. when there is reasonable cause (just or legitimate grounds) to believe that the arrested person committed a felony that is known as a matter of fact to have occurred.

A security guard is within his rights as a citizen to make a private person's (citizen's) arrest subject to these three criteria.

A Vegas security guard told me to leave the property. He said he would arrest me if I returned. Can he do that?

In this particular situation the security guard is relying on his authority to make a private person's arrest for the offense of "trespassing." Trespassing occurs when a person makes entrance to a property notwithstanding having been notified that he is not allowed to be on that property.

Specifically, Nevada law states that trespassing occurs when a person: "willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass."

A Las Vegas security guard, acting on behalf of the property's ownership, has the authority to deny access to the property. If a person persists in staying on or returning to the property the security guard is within his legal right to effect an arrest for the misdemeanor offense of trespassing.

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