Help and advice please concerning wrongful arrest at ASDA

pmduk

Just because the police didn't prosecute it doesn't make it a wrongful arrest.

phlogeston

pmduk wrote: »

Just because the police didn't prosecute it doesn't make it a wrongful arrest.

In fact, the lack of prosecution makes it very likely that the arrest is unlawful. For a civilian to carry out an arrest, A CRIME MUST BE COMMITTED. It is different for the police as they can arrest on the suspicion that a crime has been committed.

Therefore, no prosecution, no crime. No crime, no right of arrest. Result UNLAWFUL arrest.

This is why shopkeepers and workers have to be very sure of what they have seen before they go muscling in and using force against fellow citizens.

I know that some of 'customers' at supermarkets leave a lot to be desired, but by the same token it doesn't mean we can all be treated like criminals.

maninthestreet

You can pursue a civil claim for false imprisonment.

R0bert_Sterling

clintcurnow wrote: »

My partner said she took the £3.50 magazine but I know it did'nt scan and the operator did'nt point it out I was just standing to the side whilst she scanned and helped her carry the bags out.

So you knew it didn't scan but hurried your thieving missus out of the shop in the vain attempt to get away scott free with the £3.50 copy of thievery monthly??

There was some kind of flaw in their procedures so the charges were dropped, so now you demand some recompense??

Or have I got this all wrong?

babyfreckles

Excuse me if I am wrong... You were wrongfully arrested, but you knew that the magazine hadnt scanned? To me, that is theft and they had every right to arrest you. As for people moaning about the self scanners and cr*ppy checkout operatives, (On this and your other thread) self scanners are operated by yourself, so they are only cr*ppy if you dont know how to use them properly!

Also, as you were a former Asda security guard, how do you know that their procedures havent changed since you were in post?

fluffnutter

This thread is bizarre....

Hello, everyone. I nicked a mag from Asdas. Instead of the police arresting me, the shop staff did.

Because the shop staff arrested me (but got two words the wrong way round or something) I didn't actually nick the mag (technically).

How do I get Asda to a) apologise for arresting me (albeit not very well) for a crime I did actually commit and b) let me back in their stores so that I can do it again?

???

pmduk

phlogeston wrote: »

In fact, the lack of prosecution makes it very likely that the arrest is unlawful. For a civilian to carry out an arrest, A CRIME MUST BE COMMITTED. It is different for the police as they can arrest on the suspicion that a crime has been committed.

Therefore, no prosecution, no crime. No crime, no right of arrest. Result UNLAWFUL arrest.

This is why shopkeepers and workers have to be very sure of what they have seen before they go muscling in and using force against fellow citizens.

I know that some of 'customers' at supermarkets leave a lot to be desired, but by the same token it doesn't mean we can all be treated like criminals.

It depends who made the arrest, it isn't clear from the OP. The police can
arrest on suspicion, however, you're right, a citizen's arrest has to be on firm evidence. Suspicion is insufficient.

Either way I suspect the OP has a snowball in hell's choice of Asda overturning the ban.

Takoda

You know if it scans cos it bleeps. So why didn't you/your partner ask for help?

spike7451

Widelats wrote: »

Did you have a plastic gun in your hand or maybe you were just sampling how you could easy fit that there tin of beans in your coat pocket, just to see if it would fit, but always put it back on the shelf and so were not stealing anything??

Seems very strange to me as you have gave no details, and if you were a security guard i expect you would know what to do next. :mad:

One of the local hard men where I live tried robbing the local petrol station with a toy gun...He was'nt arrested..He was shot by the RUC,he got that Domestos moment...

R0bert_Sterling

Takoda wrote: »

You know if it scans cos it bleeps. So why didn't you/your partner ask for help?

Because if you swipe it and it doesn't beep, it LOOKS like you have swiped it but you haven't really swiped it. In fact by putting it in the carrier bag you have actually swiped it.

You can walk out holding your head high because everyone thinks you swiped it when you are actually swiping it.