Editorial: When Security Guards Play Cop — The Dangerous Consequences and Who’s Responsible

Unidentified Security making an arrest of an individual for Allegedly Being Undocumented.

A disturbing video has surfaced showing a California security guard acting like a law enforcement officer, detaining an undocumented man outside a Home Depot and claiming he would call immigration authorities. In the footage, the man is held against his will while the so-called “guard” makes false claims of authority, threatening deportation and treating the individual like a criminal suspect — despite having no legal right to make such an arrest.

This isn’t just a case of overstepping — it’s a potential crime.

A Crime in Plain Sight

Under California law, kidnapping is defined as moving a person a substantial distance without their consent, through force or fear (Penal Code § 207). Even if the guard believed he was acting within his rights, intent doesn’t erase the act — and detaining someone without legal authority can constitute kidnapping.

Additionally, impersonating a peace officer is a misdemeanor punishable by up to one year in county jail and a fine of up to $10,000 (Penal Code § 538d). If this individual falsely claimed authority, flashed a badge, or otherwise led the detainee to believe he was a legitimate law enforcement officer, he may have committed multiple crimes.

And yet, no charges have been filed. The Bureau of Security and Investigative Services (BSIS), which regulates private security guards in California, has reportedly not been notified. No public statement has come from either the security company involved or from Home Depot, which employs the firm under contract.

Security Guard overstepping his Authority and Kidnapping this individual for Allegedly being undocumented.

Who Is Liable?

The question now becomes: Who is responsible for this abuse?

1. The Security Guard

At the very least, the individual guard should be investigated for:

  • Kidnapping
  • False imprisonment
  • Impersonation of an officer
  • Unauthorized arrest

If proven guilty, the consequences should include immediate revocation of his guard card by BSIS, criminal prosecution, and possible civil liability.

2. The Security Company

Security firms are legally responsible for the actions of their employees when those actions occur during the scope of employment. If this guard was on duty at a location contracted by the company (such as the Home Depot in question), then the company could be liable for:

  • Negligent hiring or training
  • Failure to supervise
  • Allowing unlawful conduct by its agents

Companies must ensure that their employees understand the limits of their authority — especially when it comes to detaining individuals suspected of immigration violations. Private security personnel do not have the power to arrest someone solely for being undocumented.

3. Home Depot

While not a law enforcement agency itself, Home Depot contracts with private security firms to provide services. While they may not be directly liable unless they encouraged or authorized illegal behavior, they still have a moral obligation to distance themselves from misconduct and demand accountability from their contractors.

They also have a responsibility to the public to ensure that the people patrolling their premises are trained, licensed, and operating within the law.

Home Depot Security Enforcement “Officer”

Where Is BSIS?

The fact that BSIS has not been alerted is deeply troubling. As the state agency charged with overseeing private security operations, BSIS must act swiftly when allegations of misconduct arise. That includes investigating incidents like this, suspending or revoking licenses where appropriate, and referring cases to local prosecutors when criminal activity is evident.

If BSIS fails to act, it sends a message that impersonating officers and illegally detaining people won’t carry consequences — a dangerous precedent in a state that prides itself on protecting civil liberties.

A Call for Justice

We cannot allow private security guards to play sheriff, especially when doing so puts vulnerable communities at risk. This incident is not isolated — similar stories have emerged across the country, often targeting immigrants who may not know their rights or fear retaliation if they speak out.

Local law enforcement agencies must also take note: if you witness a citizen being detained by someone claiming to be a federal agent or law enforcement officer, your duty is to verify identity and authority before allowing or assisting in any arrest. Failure to do so may make you complicit in a felony.

Conclusion

This incident demands action:

  • Prosecute the individual guard for potential crimes.
  • Hold the security company accountable for oversight failures.
  • Demand transparency from Home Depot.
  • Alert and involve BSIS immediately.

No one should live in fear of being detained or deported by someone wearing a badge they don’t deserve.

Enough is enough. It’s time for justice — not vigilante justice disguised as security.


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