Could a South Carolina private security patrol car display blue lights in 2006?

Plain-English summary

In 2006, the South Carolina Attorney General said a private security patrol car could display a blue light under the conditions in a SLED regulation. The ordinary color for security patrol emergency lights was amber. A security agency seeking blue or red lights had to satisfy the regulation's additional conditions, including the patrolled property's compliance with private-road traffic law, filing written approvals with SLED, and removing or concealing those lights when the car was off that property.

The opinion also answered a separate arrest-power question. A registered or licensed security guard hired for specific property had the arrest authority described in the statute for violations of state criminal law, but only on the property where employed. The Attorney General did not equate a guard's jurisdiction with a police officer's general jurisdiction.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Were amber lights the default for a security patrol car?
A: Yes. The SLED regulation quoted in the opinion prescribed amber emergency lights and set conditions for blue or red lights.

Q: Could a patrol car keep its blue lights visible away from the property it guarded?
A: The quoted regulation required blue or red emergency lights to be removed or concealed when the car was not on the patrolled property.

Q: Did a private security guard have statewide arrest power?
A: No. The statute quoted in the opinion confined the guard's stated arrest power to the property where the guard was employed.

Background and statutory framework

The opinion distinguished the SLED rule for security patrol vehicle lights from the statute governing arrest power. The regulation required more than the agency's view that blue lights were useful; it specified property-law compliance, written approvals, an application for summons books, and off-property concealment. The separate arrest statute tied authority to a specific assignment location.

Citations and references

The linked opinion quotes SLED Regulation 73-40(17) and South Carolina statutes governing private security licensing and arrest authority.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-3-2006/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/06aug3DuTremble.pdf

Original opinion text

HENRY McMASTER
ATTORNEY GENERAL

August 3, 2006

Dale L. DuTremble, Esquire
City Prosecutor
City of North Charleston
Post Office Box 190016
North Charleston, South Carolina 29419-9016
Dear Mr. DuTremble:
In a letter to this office you questioned whether a private security guard could display a blue light in his car. Private security guards are licensed by SLED. See: S.C. Code Ann. § 40-18-80. SLED is also authorized to promulgate regulations regarding private security guards. See: S.C. Code Ann.
§ 40-18-30. Pursuant to SLED Regulation 73-40 (17),
[s)ecurity patrol cars shall utilize emergency lights that are amber in color. If a Security Agency feels blue or red emergency lights are necessary on their patrol vehicles, the following is required: (a) Owner ofthe property which the security agency is patro Hing shall comply with all provisions of the South Carolina Uniform Act Regulating Traffic to Private Roads. (b) Copies of all written approvals governed by the provisions of the Act given above shall be filed with SLED. (c) Security Agency shall make application to the Division for Uniform Traffic Summons Books. (d) Emergency blue or red lights shall be removed or concealed when security patrol car is not on said property which security agency is patrolling. Therefore, a private security guard may display a blue light consistent with the above regulation. You also questioned whether a private security guard has the same arrest powers as a police officer. S.C. Code Ann. § 40-1 8-110 states that

Mr. DuTremble
Page2
August 3, 2006

[a] person who is registered or licensed under ... (S.C. Code Ann. §§40-18-20 et seq.) ... and who is hired or employed to provide security services on specific property is granted the authority and arrest power given to sheriffs deputies. The security guard may arrest a person violating or charged with violating a criminal statute of this State but possesses the powers of arrest only on the property on which he is employed. Therefore, a private security guard has arrest powers consistent with such provision. With kind regards, I am, Very truly yours,

m~rrn~

Charles H. Richardson
Senior Assistant Attorney General

REVIEWED AND APPROVED BY:

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'Roertn:cook
Assistant Deputy Attorney General