The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5126 April 27, 1977 PRIVATE SECURITY GUARD ACT: Power of arrest by a private security guard. Authority of a private security guard to issue an appearance citation. A private security guard employed for the purpose of guarding the property and employees of his employer has the same authority to make an arrest without a warrant as a peace officer. A private security guard is not authorized to issue an appearance citation. Colonel George L. Halverson Department of State Police General Office Building 7150 Harris Drive Lansing, Michigan 48913 You have requested my opinion on the following two questions dealing with the application of the Private Security Guard Act, 1968 PA 330; MCLA 338.1051 et seq; MSA 18.185(1) et seq: '1. Is the authority granted to these individuals the authority of a peace officer or is it more restrictive and only allows them to arrest without a warrant and they must then follow the dictates of statute (764.14 M.C.L.) set forth for private citizens? '2. Does section 764.9c of the Compiled Laws allow these persons to issue notices to appear citations and release the arrested person, or must they again adhere to section 764.14 as set forth for private citizens?' 1968 PA 330, supra, Sec. 30 provides: 'Any private security police officer, as defined in Section 29 (1), who is properly licensed under this act shall have the authority to arrest a person without a warrant as set for public peace officers in Section 15 of Chapter 4 of Act No. 175 of the Public Acts of 1927, being section 764.15 of the Compiled Laws of 1948 when such security police officer is on his employer's premises. Such authority shall be limited to his hours of employment as a private police officer and shall not extend beyond the boundaries of the property of his employer, and while such officer is in the full uniform of his employer.' (Emphasis added) The reference in Section 30 to the powers of a peace officer to make an arrest without a warrant states: 'Any peace officer may, without a warrant, arrest a person-- '(a) For the commission of any felony or misdemeanor committed in his presence; '(b) When such person has committed a felony although not in the presence of the officer; '(c) When a felony in fact has been committed and he has reasonable cause to believe that such person has committed it; '(d) When he has reasonable cause to believe that a felony has been committed and reasonable cause to believe that such person has committed it; '(e) When he has received positive information by written, telegraphic, teletypic, telephonic, radio or other authoritative source that another officer holds a warrant for such arrest; '(f) When he has received such positive information broadcast from any recognized police or other governmental radio station, or teletype, as may afford him reasonable cause to believe that a felony has been committed and reasonable cause to believe that such person has committed it; '(g) When he has reasonable cause to believe that such person is an escaped convict, or has violated a condition of parole from any prison, or has violated a condition of probation imposed by any court, or has violated any condition of a pardon granted by the executive.' (1927 PA 175, chap IV, Sec. 15; MCLA 764.15) In People v Eastway, 67 Mich App 464, 467; 241 NW2d 249 (1976), the court recognized the authority of a licensed private security officer to make an arrest without a warrant in the same manner as a public peace officer stating: '. . . By statute, any such licensed private security officer in Michigan has the authority to arrest without a warrant in the same manner as a public police officer. MCLA 338.1080; MSA 18.185(30).' Thus, the response to your first question is that a licensed private security guard as defined by 1969 PA 330, supra, Sec. 29 does have the authority to make an arrest without a warrant under the same circumstance as a peace officer may make a warrant-less arrest on the premises of his employer where the arrest is made during his hours of employment while in the full uniform of his employer. Your second question deals with the issue of whether private security guards may issue an appearance citation. Section 9c of Chap IV of the Code of Criminal Procedure, 1927 PA 175, Chap IV, Sec. 9c; MCLA 764.9c; MSA 28.868(3), authorizes a police officer who has arrested a person without a warrant to issue and serve upon the person an appearance ticket in lieu of taking the person to a local criminal court. There is, however, no authorization in 1968 PA 330, supra for a private security guard to perform the same act. The fact that a private security guard is authorized to make an arrest does not provide him with authority to issue an appearance ticket and it is therefore my opinion that a private security guard may not issue an appearance citation. Frank J. Kelley Attorney General (1)
'This act shall not require licensing of any private security police employed for the purpose of guarding the property and employees of their employer and generally maintaining plant security for their employer, provided however, that any person, firm or corporation maintaining a private security police organization may voluntarily apply for licensing under this act. When a private security police employer described and defined in this section provides the employee with a pistol for the purpose of protecting the property of the employer, such pistol shall be considered the property of the employer and the employer shall retain custody thereof, except during the actual working hours of the employee. All such private security people shall be subject to the provisions of section 19, subsection (1) of this act.'