Arrest, Detention, Search, and Use of Force
This domain tests the line between a brief investigative detention, a citizen’s arrest, a consent search, and excessive force. Michigan guards must be able to articulate facts, not conclusions. “He looked suspicious” is not a legal basis; “I saw him conceal a bottle in his jacket and pass the last register” is an observation. The exam rewards precision about when a person may be stopped, when a search is lawful, and how much force is permitted.
Core rules
- Detention must be brief and based on specific facts. A guard may ask a person to remain while police are called if a citizen’s arrest basis exists, but may not hold someone indefinitely or move them to a hidden location.
- A citizen’s arrest is limited. The guard must know the legal elements and should call police immediately. Handcuffing or prolonged restraint increases the risk of false imprisonment if the basis is weak.
- Searches require consent, a lawful arrest-related search, or another recognized legal basis. A guard may not conduct strip searches or invasive searches. Ask for consent clearly and record any refusal.
- Force must be reasonable and proportional. Deadly force is generally limited to preventing imminent death or serious bodily harm, not to protect merchandise. Once the threat stops, force must stop.
- Identify yourself, state what you are doing, and avoid restraint positions that impair breathing.
Worked example
A guard sees a person conceal merchandise and leave without paying. The guard calls police, gives a description, and asks the person to return. The person refuses and walks away. The guard may not tackle the person to recover a low-value item. The guard should maintain observation from a safe distance and provide police with a statement. If the person becomes violent, the guard may use reasonable defensive force and disengage when safe.
Traps that cost marks
Using force to punish or recover property; searching a bag after a refusal; handcuffing without a lawful arrest basis; and writing “I arrested him” without stating the facts that justified the arrest.