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Apologies if this is the incorrect forum.

 

If I am leaving a store and the security alarm goes off do the security guard have the right to search my bags without my consent?

 

I ask this as it happened to someone who was leaving a store yesterday,

not me I hasten to add, and

 

when that person refused the security guard took hold of her by the arm and pulled her back into the store.

I am fairly sure that the alarm was activated by someone else actually entering the store and not the person leaving the store.

 

I was always under the impression that the security people had no right to search you or your bags and certainly do not have the right to force you back into the store.

 

Am I wrong?

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They have a right to ask. But not a right to actually search. If you refuse them permission, then they have the option of calling the police. Thats why some stores have the policy that the police will always be called. After all, the alarm wouldnt go off if you didnt have somethign with a tag on.

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. After all, the alarm wouldnt go off if you didnt have something with a tag on.

 

Not strictly true. I have a handbag with studs on which activates alarms every time I go through them.

 

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Yes, I appreciate that you can actually give them permission to search.

 

Just as a matter of interest do they have the right to detain you until the police arrive as I would have thought you would have a case of unlawful detention if you were innocent of any wrong doing or can they do that if they suspect that you have stolen something?

 

BTW I am not condoning theft of any sort but after witnessing the incident yesterday I would like to know what my own rights would be because as I said, I am fairly certain the alarm was activated by a person entering, not leaving the store and that the woman detained was innocent of any wrongdoing.

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As I see it, security guards have no power to stop anyone leaving. Once they place their hand on someone, that is common assault( I think) especially if it turns out nothing was stolen.

 

If a person refuses to have their bag searched and the police are not called, they could still be banned from the store.

 

BTW, My library books do the same thing. I now do shopping before going to the library.

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I Think The Same As Pcso And citizens, They Have The Right To Detain You For A Reasonable Amount Of Time, Such As Awaiting Police Arrival, If They Strongly Believed A Crime Has Been Committed. Reasonable Force Only, A Hand To Prevent SomeOne Leaving Is Reasonable.

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That only applies to SIA licenced guards though. Not inhouse security which makes up the majority of supermarket Security personnel. Same can be said for a few major department stores, although some actually employ contracted SIA staff.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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not quite

anyone can, inc a member of the public detain you, a citizens arrest.

 

the best way to resolve these issues is to simply rescan the bags etc.

there is no need for a search.

 

simple really.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Section 24A(1)(b) Police and Criminal Evidence Act 1984

 

24A Arrest without warrant: other persons

 

(1)A person other than a constable may arrest without a warrant—

 

(a)anyone who is in the act of committing an indictable offence;

 

(b)anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

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No they can not detain you they can ask but if you refuse then there's nothing they can do and they are not aloud to touch you that s assault

 

Not true. Anybody can detain another under PACE where there are reasonable ground to suspect that an offence has been committed. Touching in order to restrain MAY be deemed reasonable force, but you need to be pretty damned sure that you are right in order to avoid a complaint of assault being upheld.

 

Only a person with constabulary powers can search another without permission, so a guard, or any person detaining a suspect must wait for the police to arrive if there is no consent to search.

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no, read carefully what has been posted

 

the bottom line is

 

if you have noting to hide, comply.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Section 24A(1)(b) Police and Criminal Evidence Act 1984

24A Arrest without warrant: other persons

(1)A person other than a constable may arrest without a warrant—

(a)anyone who is in the act of committing an indictable offence;

(b)anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.
.


Finally some sense.

Any person can detain you if they have reasonable ground to believe you have committed an offence.

If this wasn't true there would be no point of having security anywhere
ie. supermarkets, stores, clubs, pubs, betting shops, minor football grounds etc.

If you tried to walk away they have every right to use reasonable force to keep you there until police arrives.

And if you happen not to have stolen anything be sure that they will not be charged with common assault or false imprisonment.

That is just a myth and if you want confirmation of it just have a chat with a police officer next time you see one walking down the street.
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filrobbo sadly yes they and any member of the public does

 

read what has been posted.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Most of a constable's rights of arrest are via common law, not through wearing a uniform or having a warrant card.

 

Where their powers differ

if when someone is suspected of committing an offence that is not indictable or where crown immunity allows them to act in ways that the populace is generally not allowed to

such as requiring someone to obey their instruction,

arrest for obstruction or breach of the peace, motoring offences etc.

 

So as said,

a security guard has the same powers of arrest and detention as you and I

but this does not include search powers or the right to demand someone's name and address details.

 

Certain other individuals do have those powers vested in them

such as certain

council employees,

railway workers,

health and safety officers,

 

and for many motoring offences,

bus drivers.

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But you don't have give them your name there is no law that demands you to to bo so only a judge police officer and government official.

Nor can they detain you .

They might think they have a right but not if you don't what to comply to their request.

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sadly not so again fB...

 

please read what has been posted carefully.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have read what has been put.

And they have no power if you don't want to comply to their request if they detain you , or touch you you can sue in court .

 

unless of course they prove you have done something wrong of course,

 

if you are a shop lifter then you are breaking the law.

 

And the bit about a bus driver being able to demand your name is untrue

you can ask

but it a person refuses to give it

what can you do ,

and by the way I am a bus driver and have been for 25 yrs.

Edited by filrobbo
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Section 24A(1)(b) Police and Criminal Evidence Act 1984

 

24A Arrest without warrant: other persons

 

(1)A person other than a constable may arrest without a warrant—

 

(a)anyone who is in the act of committing an indictable offence;

 

(b)anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

 

The above is correct,

but what are the reasonable grounds for suspecting the person to be committing an indictable offence as an indictable offence is generally for a crown court so probably shoplifting is not included as the value is generally too low?

 

A security guard would be treading on very dangerous ground by placing a hand on someone unless they were absolutely sure.

 

If the person was totally innocent the store could be taken to the cleaners on a compensation claim.

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