Is it legal for an employee of a store to search my bag?

Question

I was at a store the other day, buying something and when i had bought it I put it in my pocket and gave the guy at the counter my garbage. Then this lady walked up (an employee), and she accused me of stealing. The guy at the counter said she was wrong, and even though I had my receipt she grabbed my shopping bag and searched it quickly for "stolen goods". When she didn't find anything she said to the security guard that she should have searched my pockets. Should I put in a complaint to the RCMP or is she allowed to do that legally?

Answer 1

If she had a reasonable susupesion to belive you really did steal somthing, then she was ok, but Being a teen or of a certain race or anything of that sort is not good enough.

Answer 2

The CBC show "Marketplace" answered this question several years ago. The store employee has the right to ask to search your bag but you have the right to refuse permission and the employee is legally obliged to respect that. They have no legal right to search or detain you against your will, and if they do so you can sue. If they make a citizen's arrest and they are wrong they can be sued for that as well. Instead what they must do is call a police officer who does have such rights under "reasonable" grounds. The law may not be the same in the U.S.A.

Answer 3

A store employee has no right to search unless you allow it. Store Security however, do have the right to search it. Should you decline, they can hold you, under reasonable assumption, until a police officer arrives to search. Under this situation, you cant sue or file complaints.

However, if she simply grabbed your bag using force, file a complaint with the manager.

Answer 4

You should have filed a complaint the day of the incident, and, in the meantime, you should let your friends know what happened and have them avoid that store.. also, get in contact with the store manager and tell them what happened..
She had absolutely no right to search your bag without your permission, and especially since she had been told by another employee that you had bought what you had.

Answer 5

You said RCMP, so I suppose you are speaking about Canada. I don't know Canadian law, so I can't give you an answer for there, but for the U.S. of A., not even a police officer may search you without your permission, or he must get a warrant. Better luck next time.

Answer 6

I don't know what the RCMP is..... Royal Canadian Mounted Police?

I would complain to the owners of the store. If it's a chain stope go to their website and see if there is a contact that you could lodge a complaint to a district supervisor.

Answer 7

The main thing is that there has to be some kind of sign "posted" in public view stating that all bags entering and exiting the store is subject to search (inspection), but they cannot go through your pockets unless they "actually" saw you place something there,,,,,,,

Answer 8

this happens alot around my neighborhood. it even happend to me a few times. thats why i always ask for a bag now even if the item is small. i would have fill out a complaint at the store. you can go to the RCMP station and ask them about it and they can give you their opinion on the whole situation

Answer 9

Absolutely not! The only way they can search you is to make a citizen arrest. Then in that case they can only detain you and have the real police search you. In any case if you are innocent you can sue them for big bucks for false arrest.

Answer 10

Yes, she can search you bag. But she does need your permission, unless she is store security. Store security is covered by company insurance to search the bag. Insurance meaning lawyer.