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My consumer right to not be stopped and searched

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Comments

  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    photome wrote: »
    yes you can

    you stated that he didnt have to have his bag searched so you must have an answer to any potential consequences if he refused

    Yes I do. But of course it would depend on what happened next.
    The title I have answered.
    How about you doing some answering?
  • photome
    photome Posts: 16,689 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    hollydays wrote: »
    Yes I do. But of course it would depend on what happened next.

    I give up, you obviously have no intention of answering
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    :)I'm not in the habit of being interrogated..
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    photome wrote: »
    yes you can

    you stated that he didnt have to have his bag searched so you must have an answer to any potential consequences if he refused

    The consequences could be that the security guard may have called the police.

    Beyond that, not much. You can of course refuse to have your belongings searched. Not sure how much right the security guard has to 'detain' until police arrive though.

    However I fear the above 'numbered points' will elicit a stonewall from Sainsburys as you have accused them of racial profiling. Any compensation from them could be seen as admitting to racial profiling and I doubt that will happen
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    kynare wrote: »
    I'm not looking for anything other than an explanation of why I was stopped. This is cause the security guard specifically said he was told too. I don't care who told him, but I believe I should know why and if it's normal for them to follow this process.

    I also want an apology about being called Ms. Nothing in my email indicated I was female and if they had read the email as stated on the non-automated message a handler had sent me, there was nothing to suggest it.

    As you had nothing in your bag, I guess they are going to say it was a mistake.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    kynare wrote: »
    I'm not looking for anything other than an explanation of why I was stopped. This is cause the security guard specifically said he was told too. I don't care who told him, but I believe I should know why and if it's normal for them to follow this process.

    I also want an apology about being called Ms. Nothing in my email indicated I was female and if they had read the email as stated on the non-automated message a handler had sent me, there was nothing to suggest it.

    It could be completely innocent. I got stopped at a supermarket for no apparent reason, apparently they were just doing random checks. No harm done.

    I'm sure they'll apologise for calling you Ms. I get Mrs a lot when I am not, and occasionally on the phone Mr ;)
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    The consequences could be that the security guard may have called the police.

    Beyond that, not much. You can of course refuse to have your belongings searched. Not sure how much right the security guard has to 'detain' until police arrive though.

    However I fear the above 'numbered points' will elicit a stonewall from Sainsburys as you have accused them of racial profiling. Any compensation from them could be seen as admitting to racial profiling and I doubt that will happen

    It does make you wonder why the OP wrote that ;)
  • DigForVictory
    DigForVictory Posts: 12,113 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As I understand it, any search is done with your consent.

    To override that they need a case they reckon they can take to court. As search of property requires a warrant or statutory powers such as Border security have - not some retail guard!

    You let them check your bag after you'd left the store - whatever they should have done, & didn't, they may 'compensate' you (nominally) for.

    Another time, in the same innocent circumstances, may I suggest you short circuit the issue by plain refusing to cooperate. It then becomes down to the retail guard as to how far they want to walk out onto very thin glass.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If they have suspicion to believe you are shop lifting then they can ask to search you, you can refuse.

    If you refuse they are entitled to hold you until the police arrive, the police have the power to search you with out permission.

    Simples.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 September 2014 at 8:51PM
    bris wrote: »
    If they have suspicion to believe you are shop lifting then they can ask to search you, you can refuse.

    If you refuse they are entitled to hold you until the police arrive, the police have the power to search you with out permission.

    Simples.

    I'm not agreeing or disagreeing with this post, although I would point out the guard allegedly didn't have any suspicions. A third party allegedly did.
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