Can a security guard legally threaten detainment for refusal to show a state issued I.D.?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a security guard legally threaten detainment for refusal to show a state issued I.D.?

I had just returned home from work and I was sitting in my vehicle outside my apartment finishing a cigarette (bad habit). It was 2 a.m. The apartment complex’s security officer approached my vehicle and inquired about what I was doing. I replied to him that I was smoking a cigarette before I went inside. He asked to see my ID, to which I gave him my apartment issued ID. These IDs. were made specifically for the convenience of the security guard team to verify residency. I respectfully refused to show him my state ID upon request, and was threatened with detainment.

Asked on September 27, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In your situation the security guard can threaten you with detainment at your apartment complex because he did. Whether you are required to comply with the request by the security officer is another question. He most likely was not law enforcement (police officer or sheriff). As such, you were not under any legal obligation to agree to to his request.

However, the security officer does have a job to do by making sure that the complex where you live is safe. He observed you sitting in your vehicle in the early hours of the morning. This caused some suspicion on his part. He was then justified in asking you questions to make sure who you were, if you had identification and to make sure you were allowed to be where you were.

Good question.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption