Can a shop security guard.....

Camalot said:
My security guard will probably follow me home and then try search my house for a laser pen, he really does think he is something else.

I could report him for asking to search my car i suppose, but it would just cause more trouble at the end of the day. Best to just leave it.

Ill just smile and say hello to him tomorrow :D
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Go out and buy a laser pen, then as you walk past pull your hands out your pockets and let it "fall" out.

See what he does, you might end up getting him fired!
 
Patriach said:
I dont ask, i just do. How else can you get £100's worth of stuff from up a guys jacket?
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You're committing assault there mate, if anyone ever complained you'd be on a very sticky wicket. If you honestly believe that the person has committed theft, then you can arrest and hold them for it since it's a indictable offence and wait for the police to get there.

Spawn said:
Thats acceptable as the security guard is there to make sure people arent stealing from the shop.
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No it isn't. They have no powers of search anyway, and if they're just stopping random people then they can't claim that they have a reasonable belief that the person has committed theft. If the person says no and carries on walking there's nothing they can do to stop them.
 
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No but I use it as an excuse to bash them over back of there head when they bend in my boot to look closer at body/bodies I already have in there. :cool:

Seriously though,
Security gaurds have No rights at all, Period !!! :D


Ok ok Seriously now.
Security gaurds in Uniform are Serious Business !!! :D
 
malc30 said:
No but I use it as an excuse to bash them over back of there head when they bend in my boot to look closer at body/bodies I already have in there. :cool:

Seriously though,
Security gaurds have No rights at all, Period !!! :D


Ok ok Seriously now.
Security gaurds in Uniform are Serious Business !!! :D
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Everyone in the country has a power of arrest, this includes security guards. The power states that: A person other than a constable may arrest without a warrant:- "Anyone who is in the act of committing an indictable offence, or anyone whom he has reasonable grounds for suspecting to be committing an indictable offence". Since theft is an indictable offence they can use this power.
 
Shotgun_ned said:
Everyone in the country has a power of arrest, this includes security guards. The power states that: A person other than a constable may arrest without a warrant:- "Anyone who is in the act of committing an indictable offence, or anyone whom he has reasonable grounds for suspecting to be committing an indictable offence". Since theft is an indictable offence they can use this power.
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Does that "power of arrest" extend to detaining said person?
 
Camalot said:
He goes around acting like he is a policeman !

Hes asked if it was me, i said no. He then said well you wont mind if i do a vehicle check then?

I told him hes not checking my car and i walked off, i've now been reported as i work there to.
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You didn't mention at first that you worked there.

He cant search and member of the public or their car but you may find that's its part of your contract to allow management to search your bags or car.

Notice that I said "management" and not some stuck up wannabe cop security guy and it would need to be done correctly and they would need good cause.

Saying that you could still refuse your management as your under no legal obligation to let them do it but it probably wouldn't do your career prospect any good :)
 
Shotgun_ned said:
The definition of arrest is to deprive someone of their liberty, so yes. And they can use reasonable force to keep them there as well.
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The one thing to bear in mind, and why this is a power that's quite rarely exercised is that as soon as you have them detained, they are your responsibility, I can't reccall the exact terms but you put yourself at risk if anything happens to them, even if self inflicted, if you can't prove that it was.
 
Abraham said:
The one thing to bear in mind, and why this is a power that's quite rarely exercised is that as soon as you have them detained, they are your responsibility, I can't reccall the exact terms but you put yourself at risk if anything happens to them, even if self inflicted, if you can't prove that it was.
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Yep, you're quite right.
 
Attu90 said:
You didn't mention at first that you worked there.

He cant search and member of the public or their car but you may find that's its part of your contract to allow management to search your bags or car.

Notice that I said "management" and not some stuck up wannabe cop security guy and it would need to be done correctly and they would need good cause.

Saying that you could still refuse your management as your under no legal obligation to let them do it but it probably wouldn't do your career prospect any good :)
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The contract might also state that security are allowed to carry out a search. My contract states that, though I believe it's only on enetering or leaving the premises.

Last time they had a bag search on exit three people were summarily dismissed!
 
Security guards in shops do not have a right to "detain" customers. The best they can do is to carry out a so called citizens arrest. However, note that there are no protections in force, unlike the police, if their belief as to an offence being committed turns out to be wrong and they will be open to very easy claims of wrongful arrest/unlawful detention (perhaps not the correct names but along those lines). In many cases a shop will pay off the customer, who is aware of such right, without them needing to make a claim.

There was a case several years ago where a group would go into shops, make out as if they were stealing stuff, make the security guards carry out an arrest on the basis that they would leave otherwise before the police turned up and then take a pay off from the shop when it turned out they had nothing wrong (morals aside).

Shops/security guards attempt to get around such by making you stay voluntarily. If you say I am leaving unless you arrest me, and have a witness as to them doing so, then they will have little option. I suggest you only use this if unduly hassled by over eager security guards.
 
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