Can a security guard legally threaten detainment for refusal to show a state issued I.D.?
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Can a security guard legally threaten detainment for refusal to show a state issued I.D.?
I had just returned home from work and I was sitting in my vehicle outside my apartment finishing a cigarette (bad habit). It was 2 a.m. The apartment complex’s security officer approached my vehicle and inquired about what I was doing. I replied to him that I was smoking a cigarette before I went inside. He asked to see my ID, to which I gave him my apartment issued ID. These IDs. were made specifically for the convenience of the security guard team to verify residency. I respectfully refused to show him my state ID upon request, and was threatened with detainment.
Asked on September 27, 2011 under Real Estate Law, Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In your situation the security guard can threaten you with detainment at your apartment complex because he did. Whether you are required to comply with the request by the security officer is another question. He most likely was not law enforcement (police officer or sheriff). As such, you were not under any legal obligation to agree to to his request.
However, the security officer does have a job to do by making sure that the complex where you live is safe. He observed you sitting in your vehicle in the early hours of the morning. This caused some suspicion on his part. He was then justified in asking you questions to make sure who you were, if you had identification and to make sure you were allowed to be where you were.
Good question.
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