When a shopper set off an alarm at a department store, the security guard insisted on searching their bags, prompting frustration. Dean Dunham explains that while security guards can request bag searches under reasonable suspicion of theft, customers have the right to refuse. Refusing may lead to a citizen’s arrest if the guard believes a crime has been committed. It’s advisable for customers to ask for explanations and note that mere suspicion isn’t sufficient for a search. If unjustly detained, complaints can be filed against the store. Compensation might be offered, especially in discrimination cases.
When I left the department store, I rang my alarm even though I hadn’t bought anything.
The security guard at the door insisted on searching my shopping bags. I was furious. Could I have refused?
RG via email.
Dean Dunham replies: Security guards have limited powers compared to police, and can generally only enforce store policies, such as refusing entry or asking customers to leave if they do not comply with a search request.
Security can only take limited measures regarding potential theft and security situations.
If they have reasonable grounds to suspect that you have stolen or brought prohibited items, they may request that your belongings be searched, but you still have the right to say no.
Humiliating: Innocent reader furious after store security demands search of shopping bags when burglar alarm goes off
However, if you refuse, the security guard can use a citizen’s arrest to detain you based on a reasonable suspicion that you have committed a crime.
If they decide to take this step, they must explain why they are detaining you and contact the police immediately. They can only use reasonable force.
I could have refused the search, but in my opinion this was not advisable.
If someone asks you to search your bag when you leave a store, the best thing to do is to ask why.
Next, you should ask what reasonable grounds they have to believe you stole something or were in possession of a prohibited item.
In such cases, the security guard must act very carefully, as mere “suspicion” based on a “hunch” is not enough.
You’ll probably need something more specific, such as a witness testifying that they think they may have seen you with something.
If you are unnecessarily stopped and security is unable to provide a valid explanation as to why they have reasonable cause to believe you have committed a violation, the store owner and their security company (another organization’s You must file a complaint in both cases. .
Most likely, you will be offered a voucher or other form of compensation. The amount depends on the level of pain caused.
This amount increases if there is any discrimination, such as if you are stopped because of your race, religion, gender, or sexual orientation.
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