Did the mall security have the right to hold us when we were proven innocent.?

Question

One day, me and a friend from school went to the mall. We did not have school that day, but we had a meeting for a club we are in, so we were in our uniforms. The meeting was over at 9:45 and we were planning to go home and change first. But then we realized that mall opens at 10:00. We never been to the mall when it opens, and we were always curious on how empty the mall is when it opens. So we headed for the mall. We got there and it was awesome, there was nobody there. We went to some stores and got something to eat. At about 11:00, we were planning to go home. But then a mall security guard saw us. He asked why we weren't at school. We explained we had none. Then he questioned why we had uniforms and called it a likely story. He then handcuffed us and took us in the back. We were led to a small 6' x 8' cell. He put us both in there with our handcuffs still on behind our backs. He said he'd have to check out some things. He came back and said that he called around

And found out that we were telling the truth and didn’t have school. But he said that we could not leave as we were minors and it was part of the mall policy. One parent could check us both out. My dad was in Europe for business and my mom was in Chicago for a training class, she wouldn’t be home until 7. Her parents were both in town, but could not just leave work. The earliest they could get there was 5. So me and my friend stayed handcuffed behind our back in our uniforms for doing nothing wrong in a small mall security holding room on a day off school. Her parents came and checked us out. But why were we not allowed to leave if we were innocent? So what if we are minors, we did absolutely nothing wrong! Who came up with this policy? And even if we did have to stay in the small holding room, did they really have to keep the handcuffs on? Is this some safety measure?

Answer 1

The handcuffs seem excessive but as for not releasing you without a guardian, he was probably following their regulations. You are minors and releasing you without a guardian would cause the mall to be liable for your safety.

Why would your friends parents not be furious when they got the call at work that their daughter was sitting handcuffed in a small room at the mall? It would seem to me that they would find a way to leave ASAP or at least have a chat with the security over there.

Answer 2

I have a hard time believing this story. IF and that is IF it's true, then your parents will handle it. The reason I have a hard time believing it is that you seem obsessed with "school uniforms" and handcuffs, as is evidenced by an earlier question you posted:
What should we do (we lost the handcuff keys!)?
We got done with school early today (half day) and me and some other girls decided to go to my friends house. One of the girls is having a birthday really soon. So as a joke we told her to close her eyes, go up against the corner of the wall, and keep her hands at her side. As soon as she did this. Me and two other girls grabbed her and held her down while my friend handcuffed her behind her back as an "early birthday gift." Then we started taping it as a "birthday video." We went out to a couple places and came back here. We planned at this time to take off the handcuffs so we can go Mini Golfing. But, we lost the key! What do we do? If we tell her we lost the key, she will panic like crazy (she's known for that). We don't know what to do. Should we take her mini golfing in handcuffs as part of the surprise? To make things worse, she's still in her school uniform. I have no idea what to do. What can I do?

Answer 3

This seems to happen to you a lot, between this and the other story you posted on here, I'm beginning to think there is more to these stories than you are telling. Where are your parents!!!! In this story you're Dad is in Europe and your mom in in Chicago, the last one they were out of town too! Do you have a reputation of getting into trouble, do you mouth off to these security people. Many malls do have policies about teen loitering, and they have every right to ask for your parents to come pick you up. Personally I think there is more to these incidents than you are telling us.

Answer 4

How old are you? That might make a difference in the story. If you are like 12 years old then maybe the security is afraid of getting in trouble for releasing a minor without a guardian.

In any case, I do not believe that you should have been handcuffed. That sounds excessive.

Answer 5

If this story is true (jail cell in a mall?) and it happened in Canada this mall securty guy would be in big trouble.

Here mall security can only arrest if they witness a crime in relation to the mall property and then they can only hold you until police arrive. They can remove you for trespassing but can't arrest you and hold you for police for this offence.

If your story is completely true (and in Canada) the mall security guy could be charged with assault and unlawful confinement.

EDIT: Okay I just read you other questions, not only did you ask this question 4 hours ago. You apparently got arrested and handcuffed by a police officer for no reason either.
Ya, ok.

Answer 6

Man that sucks! Did you get in huge trouble from your parents? Our high school is right by a pretty big mall so they were used to having the students skipping school and such in the mall. One day our Principal came to check it out and a bunch of kids go in huge trouble. I believe by law they can call it loitering and you're pretty much screwed. Its their way of trying to crack down on "kids" stupid excuse. You were in uniforms so I double you were dressed like hoodlums. I would have been pissed. They can hold anyone under suspision, but I believe you and your parents could make a stink. I'd have your parents, if they are cool say that you were stuck there and could have been stuck there for days! Maybe they'll be better on the next kid.

Answer 7

Souns like a classic case of false arrest. The security man and his company, and perhaps the mall too are liable for both civil and criminal penalties. Get a lawyer and file a criminal complaint with the local police

Answer 8

You had a run in with a wannabe. A guy that couldn't cut it as a real cop, so he works as mall security. It is now his duty to be as much of an as$hole to anyone he thinks he can take advantage of because of his own feelings of inadequacy. He put you in a cage and left the cuffs on because it feeds his need for power and control that he otherwise lacks in his miserable life.

As for the legality of his holding you, you would need to speak with a lawyer about that. Tell your parents how you feel about this, maybe they will help. Sometimes lawyers will provide a free initial consultation and even work for a percentage of any monetary awards that are won. Sue. Sue the mall. Sue the guard. Sue the company the guard works for. Sue. Sue everybody!

Answer 9

The law states that these security individuals are allowed to hold you for a reasonable amount of time, now what is reasonable or not is up for interpretation. You may want to have your parents contact the mall offices to view the policy.

Answer 10

It sounds to me like the mall cops overstepped their authority. Minors get dropped off at the mall by their parents all the time. I would bet if you check with a lawyer you have a potential lawsuit.