Authority of unarmed security guards.?

Question

Do unarmed security guards at an apartment complex have the legal right to ID, frisk me and search my vehicle in Virginia?

Can I just ignore them and drive off?

Answer 1

As a rule, security guards have all the normal powers of the police while on the property they are designated to protect.  And that is true whether they are armed or not.

And they are fully within their rights to hold you until the arrival of the police to arrest you if you play games like that.

Now not all of them are allowed based on the policies of the apartment complex, which is a private property.  Because it is a private property, the owner of the property or his representative (usually the general manager) is allowed to make rules that supercede most laws.

But by law, unless the owner of the property says otherwise, security guards have all the same rights and privileges and responsibilities as that of any police officer--but only on the property.

Add-on:

And to clarify, they cannot search your vehicle without your permission unless they have a warrant or have reasonable suspicion that you have violated the law while on the property.

Answer 2

An unarmed security guard is nothing more than a civilian in a rumpled uniform.  Even if they have a badge it means nothing; they are for the most part pogues and police wannabes who couldn't make into a real police department.  If you ever get stopped and searched by a security guard call the police and have that fat-butt joker arrested for impersonating a police officer.

Answer 3

It really depends on how your state's constitution is written.  I know in Ohio according to the Ohio Revised Code that private security guards are the "acting as police" officers in that specific jurisdiction and therfore have all the rights of sworn police officers with a few expections.  Working at a campus, I work along side security guards.  They can do just about anything I can do, except arrest for misdemeanors.  The following answer will be addressed with the idea that security guards are the acting non-sworn police officers.

As for ID, they most definentally have that right.  Its there job to protect and secure that apartment complex, and have a right under the case law "Terry v. Ohio" to request ID.  However, unlike police, failure to provide will not result in an arrest like it did in Larry Hibbel's case (see the video at youtube.com).  You would be escorted off the property, and told not to return.  Returning or refusal to leave would result in criminal trespassing charges, and you would be arrested by police officers then.  

Frisks may be neccesary too, and are actually again legal during the course of an investigation.  Unless the guard has reason to believe that there is an illegal weapon or contraband on your person during the frisk, then he cannot search, but it he has probable cause, then he would have legal rights to search you, and possibly detain you.  

As for searching your vehicle...well...that is not something that I know of that security guards have a legal right to do when acting as the police agents...I don't think that it is legal, but if you do a check with the head of security and then your local police, you may find your answer!

If you drive off, and they have initiated a stop, then that gives the police the right to stop you.  You may then recieve a citation, and more of a hassle than if you just stopped for the guard in the first place.

Answer 4

I would check with your local police department. Some authority figures do have police priviledges. Mall security officers, for example, can chase down and detain until police arrive. They usually have to have special license to do that.

I wouldn't think frisk or search vehicle. Like one user said, even police have to have probable cause or a warrant to search anything. However, if something is in plain sight, it isn't searching.

I don't know if it's true or not....but what could they do if you just drove off? You weren't resisting arrest....

Only your local police city or county police can tell you if THOSE guards have any authority.

Answer 5

Do unarmed security guards at an apartment complex have the legal right to ID, frisk me and search my vehicle in Virginia? No

Can I just ignore them and drive off? Yes, security guards are not police, can't arrest you and dont even work for the government.

Answer 6

Rent-a-cops are worse than real cops. They’re like cops only with a larger inferiority complex.

Pacificis sounds like one to me.

They could arrest and hold if you committed a crime while on the premises but they can’t so outside that property. So yes, you could drive off and if the rent-a-cops pursued you they would be in violation of the law.

Answer 7

No..

The answer above is a bunch of BS.