Late-Night Trespass and Arrest Decision
You are a security guard on foot patrol at a 24-hour commercial plaza. At 02:30, you see a person (Derek) inside a fenced storage compound behind a store. The gate is open; Derek holds a backpack and is looking through a stack of pallets. You are alone, have no radio, and your phone battery is at 5%. The compound is poorly lit. Derek has not seen you. Your post orders say: 'Observe and report; do not engage unless life safety is at risk.' You know from training that you can arrest without warrant for indictable offences or breaches of the peace, and that you must use only as much force as necessary. You also know that trespassing is a provincial offence, not a criminal one.
1. What should you do first, and why?
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First, do not approach Derek. Your immediate priority is personal safety and gathering information. Because you are alone, have no radio, and have low phone battery, you cannot safely effect an arrest or confrontation. The post orders explicitly say to observe and report unless life safety is at risk. You should retreat to a safe distance, observe Derek's actions, and note details: clothing, height, build, what he is doing, whether he is armed, and whether he is with others. Then, using your phone sparingly, call 911 or your supervisor to report a possible break and enter in progress. If you can do so safely, record the time and description. Do not enter the compound. If Derek leaves, note the direction and any vehicle. Your role is to be a good witness, not a hero. The legal authority to arrest exists only if you witness an indictable offence or a breach of the peace; trespassing alone is not arrestable under the Criminal Code. Even if you suspect theft, you have not seen it, and an arrest without grounds could expose you and your employer to civil liability for false imprisonment. Therefore, observation and reporting are both legally and procedurally correct.
2. Assume Derek sees you and runs toward the open gate, dropping a bag that clatters. What do you do?
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If Derek runs, do not chase him into the dark, especially alone. The dropped bag may contain tools or stolen property, but pursuing could put you at risk of ambush or injury. Your priority remains safety. You should step back to a safe location, keep Derek in sight from a distance if possible, and update the police or supervisor with his direction of travel and description. Do not attempt to physically stop him unless he poses an immediate threat to someone else and you have no other option. The force you use must be reasonable and necessary; chasing a fleeing suspect for a property crime is not proportionate given the risks. If Derek runs toward you, move aside and let him pass; do not tackle or grab him. After he leaves, secure the area if safe, preserve the dropped bag for police, and write detailed notes. Remember that a citizen's arrest is permissible only if you find someone committing an indictable offence, and even then you must turn them over to police without delay. Here, you have not witnessed an indictable offence clearly, and the risk of a chase outweighs any benefit. Your report should include the time, description, direction, and any items dropped.