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Old 29-03-2008, 03:43 PM   #19 (permalink)
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Carl Dowd
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Carl Dowd will become famous soon enough
Mate, not quite sure what you are after, but
1. On private property a security guard has the legitimate power to search same sex personnel with permission from that person.
2. Being 'stopped' does not constitute wrongful arrest. When you are held against your will it would fall under the law of ABDUCTION:
3. In the trade what the guards actually did is classed as a 'RECOVERY* and handled in the right way is perfectly lawful as long as the goods were on show at the time of passing through the till and not concealed. Remember the act of theft is 3 parts.
4. To commit wrongful arrest the arresting officer or a private person under a citizens arrest has to actually ARREST i.e CAUTION and using resonable force DETAIN or hand over to a POLICE OFFICER as soon as is reasonably possible.
5. In normal circumstances a suspect would be ichallenged and nvited back into a store or if they have passed the checkout but not exited then they can be stopped. Remember, stores are PRIVATE PROPERTY. A citizens arrest can be performed at this time if necessary.
6. Despite the myth a security office or store detective can challenge, apprehend or detain under citizens arrest someone who has committed ONE PART of the act of theft. ERGO it means that they do not have to have left the store.

I trust that this helps you.

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