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If you are in a store, can security open your bags and check for what in inside without a warrent?


If you are in a store, can security open your bags and check for what in inside without a warrent?

Only with your permission. If you refuse to give permission they have two choices.

1) They can order you to leave the store (and never come back, if they want to)
2) If they have grounds for a "reasonable belief" that you have stolen from them, then something called a "shopkeepers privilege" gives the store the legal right to detain you for the police. If the police arrest you for shoplifting then they can search your bags incidental to the arrest.

If you attempt to leave and they use force to detain you, you can both sue them, and file a police complaint for battery. The store could defend both cases with a claim that they had the necessary "reasonable belief" that you had stolen from them. A refusal to give consent to a search does NOT provide the necessary reasonable belief.

We had a security guard convicted of battery here just a few weeks ago for wrestling a shopper to the ground when she attempted to leave without letting him look in her bag. He claimed that her refusal to allow him to search was suspicious enough to give him reasonable belief. The court disagreed, and he was convicted. (In a separate civil suit the store was found liable for her medical bills and pain and suffering)

Richard

Yes. Security is not the police. Therefore, a warrant would never be given to a security officer. However, you are entering a store that is owned by a person(s), not the city or state. Therefore, once you walk into that store, you are allowing this to happen.

If you say no, then legally, they can detain you until the police arrive.

If they suspect something. Like stealing, gun, or a bomb etc....
I wouldn't put it past them. A Lady at Clair's made me turn out my pockets because she thought i stole something. o.O? I guess if you refuse they probably escort you off the premises.
Don't do anything illegal and you wont have anything to worry about ^^

Yes. Since they are not officers of the law, they don't need a warrant. You can avoid this by turning around and leaving.

I don't think they are but they are allowed to detain you until police arrive, so you might as well just open your bag because you're going to get caught anyway :)

you always have the choice to not enter the store.

If not that they just detain you until the police arrive..

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