Wrongly Accused Shoplifting In Tesco - Help

Pollycat

phlogeston
We heard you the first time. :rotfl: :rotfl: :rotfl:


According to the OP, the security guard wasn't rude or agressive when approaching him:

sinw wrote: »

Anyhow out of the door i was stopped by security n asked if they cud look in ma bag, i refused and they asked for reciept, i refused.

That's when it all went tits up!

phlogeston

Pollycat wrote: »

phlogeston

According to the OP, the security guard wasn't rude or agressive when approaching him:

That's when it all went tits up!

Read the whole post, I believe that their subsequent behaviour to be very confrontational.

"...anyhow the guys surrounding me in the corner of the cs said they wont to protect them??? then one manager said why dont we just ban him"

"had put up wiv a barage of staff shouting just show them ur reciept"

The OP doesn't say if the initial approach was rude or not - you assume they were polite, I have assumed neither.

Pollycat

phlogeston wrote: »

Read the whole post, I believe that their subsequent behaviour to be very confrontational.

"...anyhow the guys surrounding me in the corner of the cs said they wont to protect them??? then one manager said why dont we just ban him"

"had put up wiv a barage of staff shouting just show them ur reciept"

The OP doesn't say if the initial approach was rude or not - you assume they were polite, I have assumed neither.

I HAVE read the whole post.

I've assumed they were polite because the OP said

Anyhow out of the door i was stopped by security n asked if they cud look in ma bag, i refused and they asked for reciept, i refused.

If the OP had said 'demanded', insisted' or something like that, I MAY have assumed the initial approach was rude.

THIS

anyhow the guys surrounding me in the corner of the cs said they wont to protect them???

doesn't make sense to me.

hamblettamaud

be honest now, did you shoplift or not? that's what we all want to know.

naijapower

The OP is clearly at fault as most people have rightly stated.
How can a simple matter be made so complicated

Pollycat

From the original post

sinw wrote: »

Today at 11am i went to purchase some magazines from Tesco - i paid,

sporedude

phlogeston wrote: »

A security guard at Tesco's has no more rights to stop someone than any other civilian.

If a stranger walked up to you in the street and told you you had to wait while they searched your bag - would you consider it reasonable?

If a stranger forces you to stop going about your lawful business, then they have unlawfully detained you. If they threaten force or use force to stop you then they have assaulted you. These are criminal offences.

In this case, unless the security guards had a reasonable belief that a crime had occured then they had no RIGHT to detain or arrest the OP. At NO time did they the right to search his belongings. Another customer, thinking they might have seen a theft and then telling security, is not a reasonable belief for a civilian (ie Shop Security Guard) to carry out a citizens arrest.

For all those that helpfully point out that shops are allowed to protect their stock, yes they are. In this case however, they were not protecting their stock. No theft had occured and the goods belonged to the OP. In general, no citizen has the right to interfere with another based on a vague hunch that they might be doing something wrong.

=========================================================

If someone approached me in the same circumstances, politely explained the situation and politely requested sight of my receipt, no doubt I would happily
acquiesce.

Alternatively, if someone was rude or aggressive when approaching me, or in any way accused me of shoplifting, then they might find my response to be less than polite. Any attempt to unlawfully detain or arrest me would be met with any reasonable force required to protect myself and continue on my way.

=========================================================

So in answer to the OPs question, NO they staff at Tescos had no RIGHT to treat him in the way they did.

If the security guards chose to disregard the law, then why all splenic comments from other Money Savers towards the OP?

So if you seen someone commiting what you thought was a crime then you woudnt inform a security guard? Due to it cannot lead to a citizens arrest.
The stance the OP took to being asked by security and other staff would have been suspicious. I'd have done the same thing if i was a security guard and I beleived he was stealing. And Pollycat is right, This thread really needs to die.

naijapower

sporedude wrote: »

.... And Pollycat is right, This thread really needs to die.

In agreement. Enough has been said. Goodluck to OP and i pray he doesnt get himself into a similar situation again

phlogeston

sporedude wrote: »

So if you seen someone commiting what you thought was a crime then you woudnt inform a security guard?

I did not say that.

You can report what you like to a security guard.
They can then take any appropriate and legal steps, eg checking the security cameras first!

sporedude wrote: »

Due to it cannot lead to a citizens arrest./quote]
I did not say that either!

If they have a reasonable belief that a criminal offence (theft or burglary in this instance) has been committed they can either :

(a) Arrest
(b) Use reasonable force to protect 'their' property

What they cannot do is unlawfully detain a person based on the hunch of a third party. Which is what they did on this occasion.

2NDTIMEROUNDER

mdecker_london wrote: »

Oh, and now that we know you actually bought TWENTY-THREE copies(!) of 'Best' magazine in one go I can fully understand why you got pulled up!

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: