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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
    I agree your laymans explaination was very good.I didn't mean to be ungracious-I'm just amazed by some of the other responses.
    Well have to agree to disagree. I don't believe you can just interchange words and legal definitions because the dictionary suggests they mean similar. A legal definition is set in stone.
  • cookie365
    cookie365 Posts: 1,809 Forumite
    So presumably 'someone told me to' isn't 'reasonable grounds for suspecting' that you've stolen something.
  • 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 would ask that said person come and tell me why, "otherwise I'm leaving the premises and refusing to be searched."

    They then make a judgement call on their information, and either let you go if it's not very strong, or detain you for the police and suffer the consequences (defamation or whatever it's called, possibly loss of earning s and damages) when they are proved in the wrong. Or you get 3 months for shoplifting..:D
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 September 2014 at 12:16AM
    cookie365 wrote: »
    So presumably 'someone told me to' isn't 'reasonable grounds for suspecting' that you've stolen something.

    In legal terms, to make the offence complete, in order to have a power of arrest as a citizen- someone told me wouldn't automatically give a citizen a power of arrest.
    Otherwise vigilantes would have a field day.
    If you are a police officer though it's different.
  • rustyboy21
    rustyboy21 Posts: 2,565 Forumite
    OP

    It is most likely that you fit a very similar description of someone who is known to them for shoplifting and they have stopped you for checking out.


    You could have refused a search, but all this would have meant is a wait for the police to come and search you instead.


    You will most likely get an apology and some vouchers as compensation.


    Stores are getting more and more ripped off now and they do have notice boards with photo fit pictures on them in staff areas. A couple of stores around by me, have rewards for staff stopping said crims in the act.
  • kynare wrote: »
    the only thing I could say that could lead to this happening was:

    2. I have a great looking beard

    Once I read this I stopped taking your post seriously.
  • antrobus
    antrobus Posts: 17,386 Forumite
    Bantex wrote: »
    What does No 6 mean?

    That' what I want to know!

    Stuff all this nonsense about civilian powers of arrest and all that malarky. I want an English translation of that phrase, and I want it now.
  • antrobus wrote: »
    That' what I want to know!

    Stuff all this nonsense about civilian powers of arrest and all that malarky. I want an English translation of that phrase, and I want it now.

    This website isn't too bad.
    https://www.askthe.police.uk/content/Q508.htm
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    arcon5 wrote: »
    What law permits them to detain a person in such circumstances? What rights does the security guard for a supermarket have over and above the general public?
    Erm shop lifting laws, how do you think they catch them, of course they detain them, its a citizens right to. Only the police can deal with it but anyone is allowed to detain anyone if they believe a crime has been committed.

    In this case some one has told a security guard they believed the op was shop lifting, the security guard acted on this info. It was dealt with by a permitted search, however if the op didn't allow it, (what real shop lifter would) do you think they just say oh ok on you go then. Been in retail 25 years so don't try and tell me what I can and can't do with a shop lifter or anyone suspected of being one.
  • philatio
    philatio Posts: 678 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    rustyboy21 wrote: »
    OP

    It is most likely that you fit a very similar description of someone who is known to them for shoplifting and they have stopped you for checking out.

    No thats not allowed.

    The only justification for stopping you is if the guard has seen you, in person or on CCTV, placing something in your bag and not paying for it.. or if a member of staff (NOT a member of public) has seen you do this and reported it to the guard.

    You 'looking like a shoplifter' is no justification.
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