What constitutes probable cause for a security guard to detain someone?

Probable cause is a legal standard that is critical for a security guard when it comes to detaining someone. In this context, it arises from the presence of facts and circumstances that would lead a reasonable person to believe that a crime has occurred or is about to occur. This means that the security guard must have a justified basis for their belief, grounded in tangible evidence or observations, rather than subjective feelings or guesses.

For example, if a security guard observes someone engaging in suspicious behavior, such as attempting to break into a secured area, that observation could amount to probable cause. The key aspect here is that the belief must be based on observable facts rather than just instincts or vague suspicions. This is essential in ensuring that the rights of individuals are respected and that security actions are lawful and justified.

In contrast, feelings of suspicion or hunches without supporting facts do not meet the legal threshold for probable cause, as they lack the objectivity required. Similarly, merely witnessing someone leaving a location does not inherently provide a basis for detaining an individual unless there are additional circumstances that indicate a crime has taken place. Thus, having concrete evidence or factual circumstances is crucial in establishing probable cause for a detention.