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My consumer right to not be stopped and searched

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Comments

  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    philatio wrote: »
    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.
    What about looking a bit of a weirdo?
  • rach_k
    rach_k Posts: 2,262 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You could have refused the search but then if the security guard really believed you had stolen something, he may have called the Police. If not, I suppose he might have tried to ban you from the store, or at least warned staff to keep an eye out for you which might make for uncomfortable shopping experiences in future.

    As you knew you hadn't done anything wrong and he was pleasant enough about it, I'd just let him unless he was getting too up close and personal! It's not worth the hassle to do otherwise and, personally, I want them to catch shop-lifters as they cost us all money. If that involves a certain number of innocent people being bag-checked, I don't think it's the end of the world although I know it's horrible when it happens. It's not much different to a search when the alarm goes off by mistake as you walk through though and wouldn't look any different to other shoppers unless you kicked up a fuss.

    I'd still have written to Sainsbury's as they can be pretty generous with apology vouchers - no harm in that :)
  • stevemLS
    stevemLS Posts: 1,067 Forumite
    It would be beyond delight if they were accused of pinching meatballs.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 September 2014 at 4:27PM
    bris wrote: »
    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.

    That's very worrying how little you've learnt in 25 years..
    :rotfl:.
  • I guess putting things in your own bag made somebody think you may be shoplifting and nothing more than that. If stopped i suppose I would be a bit perturbed but I suppose would have no problem in letting them check as they have to act on such info really don't they? I wouldn't give it another fault afterwards unless they had actually spoken to me like a criminal and not explained themselves or said sorry for bothering you etc.
    "'Cause it's a bittersweet symphony, this life
    Try to make ends meet
    You're a slave to money then you die"
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would have thought that anybody using a self-service machine would expect to have their bag checked from time to time.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • Simple way to avoid this is toask for the reason. Most guards illbopt for a subtle 'random search' excuse rather than accuse potentially innocent customers of shoplifting. You can use this to your advantage and simply say 'no thanks then' and walk out. Any change of mind after this puts the guard on shaky ground by having to physically detain you for a search you did not consent to.
    Back by no demand whatsoever.
  • statex
    statex Posts: 38 Forumite
    Bris. If the police come and you are innocent then the shop may get sued for false imprisonment. I am led to believe that they have to have witnessed you stealing something before they have the legal right to detain you and they have to tell you what you have stolen. They cant demand to search you without any evidence and get away with it. No win No fee springs to mind.
  • System
    System Posts: 178,377 Community Admin
    10,000 Posts Photogenic Name Dropper
    Why add to a thread that is 8 months old?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • robatwork
    robatwork Posts: 7,307 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    OP hasn't been seen in a while, probably in custody due to his weird beard and huge pockets. Would still like an explanation of:

    6. I wasn't ethnically positioned to be in the area at that time
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