Can A security guard stop and search ur bags if?

[garth256]

I see what you mean about being sarched and the story being fishy. but as most guards will know if a EAS barrier goes off, 9 times out of 10 the customer will panic a turn back to the guard and the customer will nearly always hold there bag open, this is when i would ask if the have broght anything in store as i belive they they my have left the tag on. i walk them over to a till and hand them over to a member of staff. on the other hand if the barrier goes off and the turn a run, thats a different story!

[Lietuvis]

Recently talked about this issue with a private investigator that works in our company. He sometimes does "extra" work at shops as store detective and as he explained, guards DO HAVE RIGHT to detain you,but this must gothis way:

1.They must see you stealing
2.They must wait until you leave the shopping mall and stop you outside
3.Ask you politely to escort them to a managers office
4.Tell that they think that you "forgot" to pay for something and ask you to show your receipt and items
5. if you disagree call police asap.

If guards do not follow this rules they may end up with a lawsuit,that guy is professional investigator and this is the way he explained it to me in plain English so people better co-op or else you may end up in trouble,and even end up with ban from entering that and other shopping outlets

[Starbukk]

only if u give them permission to do so...as far as i'm aware

[tazape]

By not asking permission before searching someones property or person, the person who carries out the search is guilty of what is called a trespass against a person.

Also if a security guard or store tec does stop someone before they have Exited the building, the person is only guilty of attempted theft (if they have anything that is). The way that the CPS are treating cases at present it may end up being NFA'd. (If it is their first offence or they are not a prolific offender).

[JayLiver]

Well I used to work in the retail environment and as far as we was aware. I f we think someone hasn't paid for goods an get passed all points of payment we was able to search bags. But only shopping bags we was never allowed to search personal bags if we still had suspition they had goods in there personal bags we would detain them until the police came and could search them. But we was told what we can and can't do by our Security Manager it maybe different for different retail stores. I'm not sure

Regards
Jay

[tazape]

Quote:

Originally Posted by JayLiver Well I used to work in the retail environment and as far as we was aware. I f we think someone hasn't paid for goods an get passed all points of payment we was able to search bags. But only shopping bags we was never allowed to search personal bags if we still had suspition they had goods in there personal bags we would detain them until the police came and could search them. But we was told what we can and can't do by our Security Manager it maybe different for different retail stores. I'm not sure Regards Jay

Without permission you are not allowed to search person or property. If a company chooses to allow their security teams to stop and search a person's property without permission, then that company is putting themselves at risk of all sorts of litigation that could be taken against them, not only that but they are putting their security staff at risk as well. Thinking that somone has not payed for goods and proving it are 2 different things, P.A.C.E deals with this below 3 sections you must prove to stop and make an arrest
DISHONESTY. An honest taker is not a thief. If for instance, a client wrongly believes that he/she has paid for goods, then his/her error does not turn him/her into a thief.
APPROPRIATION. The goods must have been taken away from their proper place, with the necessary dishonest intent. The moment they have been removed (from the store) you may arrest.
AN INTENTION TO PERMANENTLY DEPRIVE. This separates theft from borrowing. For instance; the employee who takes goods home to wear for an occasion, with the intention of having them cleaned and put back into stock, is not a thief. She may have earned herself the sack, but there was no “intention to permanently deprive”.

[wingnut]

No one has the power to stop and search in the UK other than the Police.
entry into a store or anywhere for that matter is not on a "condition basis" only exclusion to this is MOD or Millitary establishments. A security guard, door staff etc can REQUEST ONLY refusal may result in detention until the Police arrive to conduct a LEGAL search. please note to detain in this manner the person must have "reasonal grounds to belive IE be 95% possitive, not just a idea or "gut feeling" All search's you agree to can on request be done in private, there is no reason to refuse this. Unless you are a Bobby looking for a knife etc.

[Marian]

As far as I was trained before I started working as the security guard in UK [it was in 2004], you are not allowed to search anybody's bags, however if you are 100% sure they stole sth. you stop them and call police to do it. Other way you may be in trouble they may sue you for false accusation.

But in other countries it may be different for example in Poland, all big supermarkets
including British TESCO have security personel standing right after tills and rutine checking
basked/trolley against bill then stamping it, it is actually more aimed to stop till operators
from cooperating in theft by not scanning items.

[Lietuvis]

I wont shop in poland for sure

Quote:

Originally Posted by Marian But in other countries it may be different for example in Poland, all big supermarkets including British TESCO have security personel standing right after tills and rutine checking basked/trolley against bill then stamping it, it is actually more aimed to stop till operators from cooperating in theft by not scanning items.

[Marian]

Quote:

Originally Posted by Lietuvis I wont shop in poland for sure

Ha ha dodgy bast***