Use of ForceQuestion 59 of 200

May a private security guard use deadly force solely to protect property (e.g., merchandise or a vehicle)?

a.Yes — the defense-of-property doctrine authorizes whatever degree of force is needed to stop the taking, up to and including deadly force
b.Yes, but only where the property at risk exceeds $10,000 in value, which is the threshold at which deadly force becomes proportionate
c.No — deadly force solely to defend property is generally not permitted; deadly force requires reasonable belief of imminent threat of death or serious bodily injury to a person
d.Yes, but only where the property owner has given advance written authorization, which transfers the legal responsibility for the outcome from the guard onto the owner who gave it

Explanation

Penal Code §197 lists circumstances justifying homicide; defense of mere property is not among them. People v. Ceballos (1974) 12 Cal.3d 470 held that deadly mechanical devices (and by extension, deadly force) cannot be used solely to protect property. Deadly force requires a reasonable belief of imminent threat of death or serious bodily injury to a person — the guard or another. Options (a), (b), (d) wrongly suggest deadly force may be calibrated to property value or owner authorization.

Law Reference: Cal. Penal Code §197; People v. Ceballos (1974) 12 Cal.3d 470

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