Can someone clarify the legal rights of security guards?

[Rich]

Recently I got stopped at the alarm barrier at a supermarket because the cashier on the checkout didn't spot and remove a security tag. I was in a hurry but I cooperated anyway. Considering that I had paid for everything and was not committing a crime - did I have the right to just tell the security guard 'No - leave me alone!'? What rights do the guards have? Can they search me? Can they restrain me? Would that be considered assault and can I defend myself?

Thanks, Richard.
This was the first time I've posted on here - so I naively assumed that uk.answers.yahoo.com would put me in touch with English users. I've reposted with a clarification asking for advice on UK law.

[SGT. D]

You did the right thing in co-operating. Too many people take being challenged by a guard personally. A Security officer has no more authority than any other citizen in most states, although there are some states that make special provisions for retailers guards enforcing thefts from their places of business. Most guards or LPI's (loss prevention Investigators as they are called now) will stop you and ask something like "did you forget to pay for something sir?" If you were to say "no" and keep walking, they had better be certain you have taken an item illegally before detaining or searching you or you can sue for violation of your civil rights, but if you refuse to co-operate and say you had said "no just leave me alone" and you did not have a stolen item on you, then the retailer still has the right to refuse to sell to you next time you come into his establishment and he can also put a trespass order on you so that you are not allowed on the property again and you would be arrested and charged for trespass if you did enter. I think you did the exact right thing by co-operating, saves alot of time and hassle on everyones part. Just remember this next time, Losses from retail theft and shoplifting are all passed on to you the consumer which makes everything you by a hell of a lot more expensive, by having Loss prevention controls in place the retailers are just trying to control those losses which actually saves you and I (the honest, hardworking schmucks) money in the long run. Hope this helped.

[lakaria_2000]

Every security guard have the right to search within their compound but that is however not the right given under the law but rather the policy of the management i.e. the right only operate within the supermarket. Under the law, anyone have a right to detain another for suspicion of a crime committed as such when he really is detaining or searching u is under the law given to anyone. As such he will not be consider an assault unless he use unnecessary force or threat against you. However your right as a individual could give you the power to reject his search and demand justification. Challenge him or his management for the unauthorized search or detain. Best is to ask him to call for police but you are not going to let him search you, in this way it show you are innocent or challenge a legal suit against them if nothing is to be found on you. Both way work perfectly fine under the law but the poor security was just doing his job, so it up to your call as what to do.

[Babz]

If you know you have nothing stolen on you then you must verbally inform the Gard that you have not stolen anything, if they insist you have and search you you do have a right to sew for type of slander, ( mainly if they do this in public)
They can not search you or your pockets they need police present to do this.
Not sure on the restraint thing I presume if you were aggressive they could use reasonable force to stop you.

[doug2709]

The guys in supermarkets dont have much but i you didnt do any thing wrong dont argue, Put your self in there shoes if you were them and they said no then you would think they had something to hide?
What they may have though is the right to stop you from leaveing if they think you have stolen, If someone behaves argresive towards another person and they feel threatend they have the right to defend them selfs which may lead to that person being pinedto wall/floor.
If you are held its for the way you act not because what you are may or not have done if the shop is wrong then they should say sorry? Remember shop lifters want in and out so there actions will be different from someone who is innocent.

[jim]

Quote:

Originally Posted by SGT. D You did the right thing in co-operating. Too many people take being challenged by a guard personally. A Security officer has no more authority than any other citizen in most states, although there are some states that make special provisions for retailers guards enforcing thefts from their places of business. Most guards or LPI's (loss prevention Investigators as they are called now) will stop you and ask something like "did you forget to pay for something sir?" If you were to say "no" and keep walking, they had better be certain you have taken an item illegally before detaining or searching you or you can sue for violation of your civil rights, but if you refuse to co-operate and say you had said "no just leave me alone" and you did not have a stolen item on you, then the retailer still has the right to refuse to sell to you next time you come into his establishment and he can also put a trespass order on you so that you are not allowed on the property again and you would be arrested and charged for trespass if you did enter. I think you did the exact right thing by co-operating, saves alot of time and hassle on everyones part. Just remember this next time, Losses from retail theft and shoplifting are all passed on to you the consumer which makes everything you by a hell of a lot more expensive, by having Loss prevention controls in place the retailers are just trying to control those losses which actually saves you and I (the honest, hardworking schmucks) money in the long run. Hope this helped.

The shop staff can arrest you if they reasonably suspect you of stealing. The alarm going off may or may not give them reason to reasonably suspect you. If it is always false alarming then they are not being reasonable when they arrest you. My advice is to refuse to stop, if they insist and arrest you then you can sue for lots of compensation By the way, you cannot be arrested for trespass, it is a civil offence.

[Ste7en]

Depends where you are in the UK as there is clear differences in English and Scottish Law.

Why would you want to take a security tag out of the shop with you? If you went into another store there is a good chance that you would trip the alarm and hack off some security guard who is just doing there job anyway.

[rlpuk1]

Just on a random note I had a guy that was going into stores and was ensuring that he had a tag on him just to test the response of the store and its Security Team. He was looking for compensation, Police got so fed up with him in the end that they did him for the theft of the security tag........

[lildev666]

Hiya im one of those "guards" Isn't it in your own best interests to get the tag removed, if its on clothes and you get home you will most probably damage the goods trying to get it off. If the ets(electronic Tagging System) goes off most people who have nothing to hide, will return into the store and get the tag removed, they just show the receipt for proof of purchase and it gets removed - simple! An aplogy to the customer, I find always goes along way too.

Personally Its not worth the risk running after someone when the ETS goes off, someone could be in the store filling their boots with more expensive goods, or the offender could have a blade or a weapon. I see the ETS as a deterrant, and if someone is going to steal something expensive if your good at your job you would be already watching them before they got to the ETS anyway. I often work alone most of the time and I dont get paid enough to take those sort of risks. I take it your not in retail security, as you would know about the legal implications, it comes with the training. How do we know your not a shoplifter ha, Im not giving any secrets away. We are just doing our job, trying to prevent prices esculating and its its what we get paid to do.

[lildev666]

Quote:

Originally Posted by jim The shop staff can arrest you if they reasonably suspect you of stealing. The alarm going off may or may not give them reason to reasonably suspect you. If it is always false alarming then they are not being reasonable when they arrest you. My advice is to refuse to stop, if they insist and arrest you then you can sue for lots of compensation By the way, you cannot be arrested for trespass, it is a civil offence.

I believe only the police can stop or restrain you for reasonabley suspecting you of a crime, or suspicion of any crime you may of commited. I might be wrong. I dont think PSCO's can arrest anyone for suspicion of a crime either they have to call for PC.