NV Security Guard cheat sheet

NRS 200.481 battery: any willful and unlawful use of force or violence on another; a security guard who strikes a passive, non-resisting person commits battery even without injury.

NRS 200.471 assault: an unlawful attempt, coupled with present ability, to commit a violent injury, or intentional placing of another in reasonable apprehension of immediate bodily harm; words alone generally do not qualify.

NRS 200.508 child abuse/neglect includes allowing a child to be placed in a situation where the child may suffer physical pain or mental suffering; a guard observing this has a duty to report, not to investigate.

NRS 207.190 coercion: using immediate or future threat of force, or unlawful detention of property, to compel another to do or abstain from an act against their will.

NRS 200.575 stalking/harassment: a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated, harassed or fearful for safety; single isolated contact generally insufficient.

NRS 171.123 temporary detention requires specific, articulable facts giving rise to reasonable suspicion of criminal activity; a hunch or a person's presence in a high-crime area alone is not compliance.

NRS 179.045 and related provisions govern citizen's arrests; a guard who detains beyond the lawful arrest authority is exposed to civil liability for false imprisonment.

NRS 200.366 sexual assault and NRS 200.400 statutory sexual seduction are felonies; guards must not question, transport, or mediate - secure the scene and call law enforcement.

NAC 289.310 and related provisions govern private patrolman/security guard licensing; an unlicensed person performing guard duties, or a licensee working for an unlicensed agency, is noncompliance reportable to the Private Investigator's Licensing Board.

NAC 289 requires a guard to carry the license or work card while on duty and produce it on request of the Board, law enforcement, or the employer; failure to do so is a violation.

NAC 289.240 requires completion of Board-approved pre-assignment training and continuing education; lapsed or missing training hours is a regulatory violation, not merely an HR issue.

NAC 289 prohibits a licensee from carrying a firearm on duty unless the firearm permit and required training are current; an expired permit invalidates armed assignment.

NAC 289.310 requires notification of changes of address, employer, or criminal history within the time set by regulation; failure to report is a separate violation.

NAC 289 requires guards to wear a uniform with a clearly visible badge or identification and not to use titles, insignia, or terms implying law enforcement authority.

NAC 289 prohibits impersonating a peace officer or using a badge, uniform, or vehicle marking that would lead a reasonable person to believe the guard is a sworn officer.

NAC 289 requires the licensee to report use of force or arrests to the employer and, where applicable, to the Board; concealment of an incident is itself a violation.

Fourth Amendment and Nevada Constitution Art. 1, Sec. 18 protect against unreasonable searches and seizures; a private security guard acting as a private actor is generally not a state actor, but acts at the direction of police may convert the guard into an agent of the state.

A citizen may refuse consent to a search by a private guard; a guard may search only pursuant to a lawful arrest, a valid consent, or a specific contractual/employer authority, and must not use force to obtain consent.

First Amendment rights of speech, assembly, and petition generally apply against government action, not against a private property owner; a guard may enforce the owner's rules but must not use force to suppress lawful speech on public property.

Second Amendment and NRS 202.360 restrict firearm possession by prohibited persons; a guard may not disarm a lawful carrier without legal authority, but may ask a person to leave private property.

NRS 171.1231 requires that a person detained be told the reason for the detention and be released if the suspicion is dispelled; detention must be no longer than reasonably necessary.

A person has the right to remain silent and to refuse to answer questions; a private guard may ask questions but may not compel answers or threaten consequences for silence.

Right to counsel attaches in custodial interrogation by law enforcement; a private guard's questioning is not custodial interrogation, but a guard who holds a person for police must not interrogate about the offense.

Citizens have the right to record police in public in the Ninth Circuit and under Nevada practice; a guard must not seize a phone or demand deletion of lawful recordings.

NRS 171.126 citizen's arrest: a private person may arrest another for a felony committed in the person's presence, or for a misdemeanor amounting to a breach of the peace committed in the person's presence.

The arrest must be based on the guard's own observation; a guard may not arrest on hearsay or a report alone unless the facts known would justify a reasonable person in believing a felony occurred.

NRS 171.124 and 171.126 require that the arresting person inform the arrestee of the cause of the arrest and the authority of the arresting person, unless the person is fleeing or resisting.

Force used in a citizen's arrest must be reasonable and necessary; deadly force is not authorized to protect property or to prevent escape of a misdemeanant.

A guard making a citizen's arrest must deliver the arrestee to a peace officer or magistrate without unnecessary delay; holding a person for hours without transfer is unlawful.

NRS 171.123 temporary detention permits a brief investigative stop based on reasonable suspicion; it is not an arrest and does not authorize a full search incident to arrest.

A private guard may use reasonable non-deadly force to defend self or others against imminent unlawful force, and to prevent a forcible felony, consistent with NRS 200.120 and 200.160.

A guard who makes an unlawful arrest or uses excessive force may face criminal charges (false imprisonment, battery, oppression under color of office if acting with police) and civil liability under 42 U.S.C. §1983 when acting jointly with police.

A private security guard is not a peace officer; the guard has no authority to conduct traffic stops, issue citations, or demand identification absent a specific statute such as NRS 171.123.

A guard may request identification but may not compel production of ID unless the person is lawfully arrested or a specific statute applies; refusal to identify is not, by itself, grounds for arrest.

A guard may not enter a private residence without consent, a warrant, or exigent circumstances such as hot pursuit of a fleeing felon or imminent danger to life.

A guard may not search a person, vehicle, or belongings incident to a citizen's arrest beyond what is necessary to disarm the arrestee and secure evidence; a full search incident to arrest is a law enforcement function.

A guard may not use deadly force to protect property, to prevent a misdemeanor, or to stop a fleeing misdemeanant; deadly force is limited to defense against imminent death or serious bodily harm.

A guard may not hold a person in a room, handcuff, or otherwise restrain beyond the brief period necessary to transfer custody to law enforcement; prolonged restraint becomes false imprisonment.

A guard may not question a person about a crime after invoking the right to counsel or silence in a custodial setting, and may not make promises or threats to obtain a statement.

A guard may not act outside the scope of employment or the licensed agency's authority; off-duty actions using guard authority, badge, or uniform may violate NAC 289 and expose the guard and employer to liability.