Does a secuity Guard have the right to stop and search?

Question

Whiles leaving tesco's supermarket 2day my mum was stopped and her bags where searched. 1 security guard was infront of her trolly and the other 1 at her side. They searched her bags and check her receipt and found she had payed for all her goods.They done this infront of everyone coming in and out of the store. When they found she had payed for everything they said that the thought that the Girl serving her had not charged her for all her shoppin. My mum was very upset by this and even had to get a stranger to drive her car home. Does anyone know if this is illegal or have an advice . She has made a complaint to the store and they have apologised and said it should never have happened.

Answer 1

They can stop you and ask you for permission. However, under UK law, they cannot look in your bags if you won't let them. Here's what you can do to stay within the law:

If stopped, tell the person that you paid for everything, and that you will not allow them to look in your bags. State your name and address, and to make it simpler, be prepared to give them a photo id, like a driver's license. Tell them you have no intention of going with them or submitting to a search, and if they force you to do either, you will proceed with a civil case against the store.

If you've done nothing wrong, there is no need to give in to this type of bullying.

Only the police have the power to detain ('arrest') someone against their will. As to so-called 'citizen's arrest' - this concept does exist in British law, but must be very carefully applied. You can only use it to prevent the commission of a crime; it's a grey area if the crime has already been committed, and in any case you only have the power to detain the person until the police arrive - you do not have any power to search. See this example:

http://news.bbc.co.uk/1/hi/magazine/6323391.stm

Answer 2

In the first place, I don't think I would have allowed them to search my bags without an attorney present and without a warrant. However, I know that several stores, in an effort to prevent theft, check everyone's receipts and goods as they are leaving the store. While it may not be illegal, I certainly think it violates our rights to privacy and once we've paid for our goods, they are ours -- not theirs to search. If they are worried about their cashiers, they should be monitoring them on video not driving their customers away by detaining them after they have paid for their goods but before they leave the store. I think, If I was your mum, I would have called the police and told them to get a warrant. I wouldn't have let them search my bags and I wouldn't have let them out of my sight. I also would have asked for others to come over and witness the harassment.

The caveat, though, is if these security guards are doing this to all the people leaving the store, then grin and bear it unless they try to strip search or otherwise violate your personal space. The end result could be lower prices as a result of curtailing shoplifting.

Answer 3

In the UK to search a persons bags you need consent or legal powers to searching WITHOUT CONSENT. If she did not give permission for her bags to be searched that search is illegal.They should have asked your mother to wait and called the Police.

I would look at this a different way, your mother has been detained against her will. She has had her liberty taken, they stopped her leaving the shop or moving, that is without a shadow of a doubt an arrest in the UK. It matters not one jot that they have not told her they were arresting her, they did it by their actions. They can only arrest your mother if they KNOW that she HAS committed an offence. She had not committed any offence so this is an unlawful arrest.

I am sorry but I totally disagree with the lawyer who put the early entry on saying they have committed no offences, this is a blatant unlawful arrest. I would want more than an apology if I were your mother.

Answer 4

As a security officer in a supermarket / door supervisor in a night club. I feel myself that this was an intimidating issue for your mother and embassering, we do not have the right to search your personal processions unless given consent by yourself. If the alarm was set off we are only allowed to look what is causing it to go off, if one bag sets the alarm off then that's what we can look in.or only if they actually witness someone stealing, they acted unprofessional. Now you can ask the tesco store if the security officers have an S.I.A Badge if they do not they are breaking the law under the new law in england, the officers should be wearing this badge at all times whilst working, The badge is blue with S.I.A (SECURITY INDUSTRY AUTHORITY) LICENCE with security officer on the side. Hope this helps in some way.

Answer 5

What Authority Does a Store Security Guard Have?

A security guard has the general authority to detain someone if there is probable cause that shoplifting has occurred. However, this authority has some limitations. Any time a security guard stops a shopper, it must be for a reasonable time, and must be done in a reasonable manner.
Probable Cause

"Probable cause" means that a security guard has reason to suspect that shoplifting has occurred. This normally means that he or she observes an individual approach merchandise, select the merchandise, conceal or carry away the merchandise, and leave the store. If there is probable cause, the guard may detain the suspected individual.
Reasonable Manner

Detention of any shopper must be done in a reasonable manner. What is reasonable depends on the circumstances, but usually includes:

* Physical restraint such as handcuffing if it appears to be necessary under the circumstances.
* A "pat down" of the suspect to determine whether he or she is carrying a weapon or otherwise poses a threat to safety.
* Requesting identification from the suspected shoplifter.

A security guard can never use excessive force. Excessive force can include, but is not limited to, application of pain, choking, or improper handcuff use. Foul language, discriminatory slurs, and verbal threats can also be considered excessive force.
Reasonable Time

A suspected shoplifter may only be detained for a reasonable time. This usually means enough time for the security guard to conduct a reasonable investigation of what has occurred and for the police to arrive. If police are contacted promptly, but take a long time to arrive at the location, the time of detention will still be reasonable. However, if the store security guard delays in contacting police without any legitimate purpose, this will usually be considered unreasonable.

Does the Miranda Rule Apply to Questioning by Store Security Guards?

No. The Miranda rule requires that police officers inform a suspect in their custody of certain constitutional rights before questioning that suspect. As a consequence, self incriminating statements a suspect makes to police without being informed of their Miranda rights are not admissible in court. However, the Miranda rule applies only to law enforcement officials, and not to private security guards. Therefore, any self incriminating statement made voluntarily to a store security guard can be admitted in court against the person who says them.
What Can I Do If a Store Security Guard Detains me Unreasonably?
Unreasonable detention by a store security guard may create valid claims of false arrest, false imprisonment, malicious prosecution, excessive use of force, or assault. You may have the right to sue the store for damages you have incurred as a result of the detention.

I Was Improperly Detained by a Store Security Guard - Do I Need a Lawyer?
If you have been detained by a store security guard and believe the detention was unreasonable, you may want to seek the advice of a lawyer who can explain what kinds of legal claims may be available to compensate you for the unfair treatment you have received.

I know it's only my opinion but your Mother was not seen to shoplift and it was stated to her that it was thought the cashier had not charged her for something . I would see a solicitor.

Answer 6

This is highly illegal and a massive infringement of your civil rights.The only people who have the legal right to search you in a public place are the police. The first thing I would suggest would be to write to Tesco to complain. The two guards who have done this can be sacked, and you can sue Tesco for this.

Answer 7

I can see this would be very annoying indeed. Whilst on private property, such as a Tesco store, their employees are entitled to ask to see whether you've paid for goods taken from the store.
If your mother objected to being personally searched (I'm not sure she was?) then Tesco would simply ask to police to attend and conduct the search instead.
Much as I am loath to disagree with my esteemed other contributor who is usually right on these things, but your mother has no legal cause of action against Tesco and should not let her indignation at her poor treatment convince her (or you) that she has one.
Also, when all your friends and colleagues say, "that's outrageous, she should sue"- ask yourself - do they have the faintest idea what they're talking about?.
So the answer is, no, it is not illegal (even if it should be) and other than pressing for some compensatory Tesco vouchers, I'd let it go.

Answer 8

The thought that it happened to your mum make me sick and angry. If i was there im gonna help your mum argue about it. I will not settled for an apology. In the first place they have no right to do it, as evidenced by the receipt of the groceries. Try to consult a counsilor about pressing charges for these. I hope your mum is alright now and she'll not think hard about it now.

Answer 9

interior the united kingdom protection guards don't have from now on rights than the different civilian. they are in a position to detain you in the event that they have stable suspicion that the save's products are being bumped off with out being paid for (which could be the alarm going off), yet they can't insist on finding you. in case you refused to co-function, they could detain you till the appearance of the police, who CAN seek you. Detaining is composed of using "existence like rigidity" to realize this. via the way, there is not any commonly used shoplifter. they arrive in all shapes, a while and sizes. as an occasion, i'm conscious of one mature, good woman in a wheelchair who replaced into caught with a joint of meat below her blanket, and he or she admitted she'd being doing it for months. Does sound nevertheless as in case you have a wierdo who's attempting to justify his life.

Answer 10

Generally, a shopkeeper (or store security) can detail someone for a reasonable time (usually, a few minutes) to determine if the person paid for everything they took.

Laws vary by state, but generally the kind of activity your describe is not illegal. It's not even usually grounds for a civil lawsuit. It's just part of doing business.