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LAWYER: When a Security Guard DRAGS You - Say THIS to WIN in Court

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538 views42likes14:23SpeaklawOriginal Release: 2026-07-22

When a private security guard makes physical contact with you without legal justification, they have committed civil wrongs including battery (unlawful harmful or offensive physical contact) and false imprisonment (unlawful restraint against your will). Private security guards are not law enforcement and have no arrest power beyond that of ordinary citizens; their authority to detain is governed by the narrow shopkeeper's privilege doctrine, which requires specific, articulable, reasonable grounds to believe theft occurred, brief detention, and reasonable manner of contact. To protect your legal rights, immediately say 'Am I being detained or am I free to go?' to force them to state their legal position, then state 'I am not resisting, but I do not consent to this. You are physically forcing me to move. I have not been accused of any specific theft. I am stating for the record that this is unlawful physical contact and I will be pursuing this legally.' After the incident, immediately document by getting names and badge numbers, finding witness contact information, and recording a detailed voice memo before leaving.