If a security guard at a local mall grabbed my knife off my belt without warning, is it assault?

I was at a local mall and had fallen asleep which was against the rules. So they said I had to go which I was about to dountil a security guard saw that I had my knife that I carry next to me on the couch. It was in a sheath; I was not threating anyone. He said “dispatch” told him to take it. I told the guard that I wasn’t going to hand it over because he was not a police officer. Instead we agreed that we would go to the police about it because the station is right next to the mall. Before we could leave, he reached to my wasteband where I had placed it and took it off. He did not have permission

Asked on June 3, 2012 under Personal Injury, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Although I can understand that you are upset about this and maybe under your state law the touching could constitute assault, I think that you would be spinning your wheels if you try and prusue the issue.  Yes, mall security is not eh police.  But they do have some authority to protect those within the confines of the area they protect and so I think that there may be a fine line here as to a perceived threat.  I would speak with a personal injury attoreby in your area on the matter giving more details of the situation.  The consultation should be free and there could be details left out that could spin this matter in your favor.  

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