Can a grocery store legally search your kids?

Question

MY brothers went to a grocery store with my mother in San Antonio, Texas. They were searched due to some other man saw them fondling with candy and putting it inside there pockets, the security guard did not see them but was told by another man that they were stealing. They were then taken to another room and searched without a parent. They didn't have anything on them they were just looking at what they wanted to buy. Is this legal???? My mom after she found out that they were searched got frantic, she didn't believe it was right, especially since he wasn't a real police officer and didn't have any other supervision like the manager with him... He then threaten my mother by not ever letting her in the store if they were accused of stealing. Is this by any way right aren't there certain procedures that have to be taken with younger children ages 10-13

Well my parents went back to the store, they found out that he woks for the Texas State Security Patrol, we got his name and the manager at the store.. The manager himself didn't even know the procedure himself when asked neither did the security guard. My siblings were asked if my mother was around and they answered yes... He just took them into the back room and patted them down without giving my mother the option of him searching them or SAPD. The man who accused them of stealing when asked what he saw he said well i think i saw them doing it, he couldn't confirm them of stealing. You should of seen the Rent a Cop face when me and my dad walked in the store he actually went and hide... Why so tough with small children but when a grown man walks in he runs and hides. We weren't there to start trouble we were there to get information...Oh by the way he has no right by what the manager said by threating my mother to not come to the store again...

Answer 1

Yes, what the security guard did was legal. In Texas security guards, managers, etc have the right to detain and search you if they "reasonably believe" you are shoplifting. I would say a customer reporting theft is certainly reasonable and so long as the detention was reasonable, i.e. they did not beat your brothers or detained them for hours on end then yes it was perfectly legal. The fact that they didn't find anything on them doesn't change the reasonableness of the detention. Also, the store has the right to refuse you service so yes, they can bane you or prevent you from entering if they want.

Answer 2

If you do not wish to deal with store security they can detain you until the police come and they will take over from there.
Would you rather have a rent - a - cop interaction or an encounter with regular law enforcement ?
Remember the rent ones don't enter data into public records, once you start mixing it up with police, reports get made and you can get labeled.
If they claim innocence then tell them next time, to insist on their parents be present before anyone 'searches' or 'touches' them.
Unfortunately a high % of kids steal at the markets & each business has a right to disallow what they consider problem customers.

Answer 3

If I owned a store, and I found out an employee searched a child without a parent or witness present, I'd be absolutely terrified of allegations that might be levied -- even if the search itself was legal.

Making bodily contact with a child without a witness is an amazingly bad idea in any jurisdiction. That's the story here, not the search or suspicion.

The store doesn't want somebody to honestly say "Employees of XYZ Market take kids into a back room - alone - and touch them."

Answer 4

All you wanted used to be a bounce begin if the van could no longer crank up on it is possess ...the batter will recharge itself ... I am certain if you're a conventional football mother , you will have both avenue facet help of a few type , or AAA ... It isn't like you want a brand new battery ... Never the fewer , it would were worse , what if that they had made up our minds to impound the van for an excessively thorough forensics/ hint proof seek ..then you definately could have a towing invoice , plus an excessively lengthy wait , ....How lengthy did the seek take , I have left my doorways open with internal lighting on for 3 hours , and it used to be first-class , if it used to be like half-hour , then you definately battery or alternator used to be opening to malfunction besides ..and that could be a mechanical difficulty with the automobile , no longer the police .. Another factor that would were worse could be to get searched by way of the Feds ..I have obvious them take the seats and carpet out , and rip off door panels , discover not anything , and say " you're loose to head" ...they don't ought to positioned the automobile again in combination ..... I advise having your alternator checked to be certain it's charging the battery accurately , if that is so , then you want a battery considering it's not keeping a cost , you'll be able to investigate the alternator your self , whilst the automobile is jogging , put off the optimistic battery cable , if the automobile keeps to run often , the alternator is first-class ...which means that time for a brand new battery ..

Answer 5

Legally a store does not have the right to search anyone,they can however detain a suspected shoplifter untill law enforcement can arrive and conduct a legall search .Most people will forego the inevitable formallities and allow the store security to search but they need your permission to do this.

Answer 6

Absolutely NOT! There MUST be an active duty police officer there. By no right are they entitled to search the child without an officer with proper credentials at the scene of the incident, and with parental notification first.

Answer 7

Yes, shopkeepers have a privilege to reasonably detain and search people who they reasonably suspect have shop lifted. The search has to be done in a reasonable about of time and on the store property.

Answer 8

Its called shopkeepers priviledge...They have the right to detain and search if there is a reasonable belief and the accused is not held for an unreasonable amount of time or held in an unreasonable manner

Answer 9

You can have all the justice that you can afford. How much of a lawyers time can you afford? People and businesses only obey laws when the courts tell them to and provide consequences for their bad behavior.