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Can A security guard stop and search ur bags if? |
Whiles leaving a large supermarket 2day my mum was stopped and her bags where searched. 1 security guard was infront of her trolly and the other 1 at her side. They searched her bags and check her receipt and found she had payed for all her goods.They done this infront of everyone coming in and out of the store. When they found she had payed for everything they said that the thought that the Girl serving her had not charged her for all her shoppin. My mum was very upset by this and even had to get a stranger to drive her car home. Does anyone know if this is illegal or have an advice . She has made a complaint to the store and they have apologised and said it should never have happened. My Mother has a well payed job and doesen't look like a shoplifter. I don't know, but the same thing happened to me in Tesco, and to make it worse I rang to complain and had to deal with a very unhelpful man /boy. A week later I rang head office and they were going to ring me back but didn't. I just don't think they really care. We now call this store fiasco!!! Hmm, it's common practice in some stores around the US. it is illegal to let a stranger drive your car home isnt it? it's not illegal at all. if they have a reason to believe you haven't paid for everything they are absolutly allowed to do this. a lot of stores have someone stand at the front and check everyones reciepts to make sure everything has been paid for. They should search your bags but not in public! I am appalled and think that you are right to complain!!! GOOD FOR YOU! I am not sure where you live, but you might be able to slap them with unlawful imprisonment. * they have a right if they worked for the store... That was illegal. You should sue. Unless the supermarket had received an actual threat saying, "Blah blah, gonna bomb the super market", then searching bags is an unnecessary action. Pl accept the apology. They are allowed to ask you to stop so they can search you but they are not allowed to touch you in any way as they are still civilians... if they do touch you or use force then this is assult. If the store she went to said that it should never have happened, then theres a pretty good chance that it never should have happened...Security officers are there to give the store "security", hence the name, not to catch the mistakes of a cashier. Consult an attorney. It could be illegal search and seizure. I believe, once she paid for her goods, they were hers and that a warrant would have been required to search her bags. She should contact an attorney and perhaps file charges against the store for violation of her civil rights, false detention and prosecution, and a few other charges. At the very least she should get her groceries paid for and should get some money for pain and suffering and public humiliation. Additionally, if they were private security, then they could be accused of abuse of power under color of law. Its not illegal but they should have asked your mum to step into the office.They shouldnt have done it in front of the public.If i were your mum i would put in a formal complaint to head office. It's not illegal. They have a right to protect their merchandise. Maybe they scared and embarrassed your mom, but I don't think that was their intention. And sometimes they stop random people just to check that everything is going smoothly. I'm sorry your mom got freaked out by them, but I think an apology is all you'll get. yes it is legal.....you should not walk into anystore with a large bag...or any bag ..cause this will raise suspicion to the security guards...and the other workers.. and thats what the security is there for...they have the right to check your bag..so yes it is embarresing to get stopped and get searched in front of everyone. as long as they didn't strip search her or touch her in any inapropriate way then it's legal.....hope this helped Yes, in most cases it's illegal. Unless the security guard is also a policeman (in the US I'm talking about), then all the security guard can legally do is to detain you, provided they have a "reasonable belief" that you committed a crime. They must wait for local law authorities before a search can be conducted, and if she doesn't give permission, a search warrant would have to be obtained. However, the store could legally bar your mother from returning to the store, and if there was video evidence, then that is their (police) probable cause to conduct a search. yes they do have a right to random search as to filling the laws and store policies and it being in plain sight could of just been a warning to the next person in line as to do not try stealing in my store. so as long as the search was NOT in privet it was okay, thank you for being obedient. they had no right to do this, they can only stop people for shop lifting once they have left the shop never mind while their still in it, the police are the only ones who have the right to search a persons belongings, that's if they searched more than her carrier bags of shopping, i would get in touch with the stores head office and make an official complaint against these security guards they were totally out of order It isn't illegal if you consent to it, which she did. If they ask to see your bags you are well within your right to say no. They cannot force it, it is now your property. The trick with asking people to see their bag/receipt is that people think they have to let them, but by doing so make it a legal search. Yes, I think this is legal by UK and US law (not morally in my opinion), but you should still complain to the supermarket as it was unfair. They would just say that they were trying to prevent theft if you tried any legal action. I believe that they CAN do that. I dont agree with it. I think its unethical to search on the grounds that the cashier may have made a mistake. But if they had suspected that she was trying to steal i would understand the search, but they made it clear that they didnt suspect her, it was the cashier they suspected. They defiently should have handled it in a different way. If a store/supermarket has reasonable grounds to believe that you have goods about you that you may not have paid for, they are entitled to verify this. The store is PRIVATE property and you are allowed in there by consent. Therefore what the store did was within their right. They could have done things a bit more discrete but they have to deter shoplifters. no they can do it but they should have took her into the mangers office and done it your mum should complain again to the store if they don't do anything phone the head office until you get the apology you want or some compensation It is perfectly legal for a security guard to do that. That's what their position requires them to do if they suspect theft. I'm sure the line that they gave your mom about the clerk not charging her was just a nice way of saying they suspected your mom of stealing. Security needs to try and stop thieves so that honest shoppers don't have to pay the expense of higher prices. Security guards often have less threatening titles such as cost control or loss prevention because that's what they're getting paid to do. I've been in your mom's shoes tho, and it is INCREDIBLY embarrassing, and I would like some kind of public apology from the guards and store manager, but am always told what I just told you. They suck. Sorry for your mom's experience. Absolutely not, if they suspect you they can detain you, but with out physical force and can, or should contact the police It is not illegal and nor should it be, large stores lose millions of pounds due to theft. However it was handled disgracefully. If security suspected an attempt to defraud they should have quietly without fuss asked your mother to go somewhere private and conducted the search there. To do it in full view is terribly embarrassing. my granddaughters boyfriend works a till in a large supermarket. My wife had a place in the queue at his till when a supervisor came up to her and asked her to go on another till, she then stood and watched every item checked off. I was waiting in the car and my wife who was quite upset phoned me. I went in and asked quite loudly was she accusing us of being thieves and could she explain why. I made a considerable disturbance and was later told the supervisor had been reprimanded. I don't think there is anything else you can do now but do not simply put up with it. Make a complaint as you have done and let them know you are unhappy. Good Luck. |
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