Advice - ASDA Security Guard

GrumpyPL

Hi guys,

So I've been an ASDA shopper for a fair few years now as it's my local store and just a few minutes away from my house, but just now this evening I've had a bit of an issue down the store.

I walked into the store, went around and grabbed my bits. Security guard was following me around like a bit of a hawk - which didn't really bother me or stick out too much as he always seems to pick the youngest person to walk in to follow. (I'm in my late teens)

Anyway, I grabbed my stuff and went to the checkout. Was going to go to self service but since the cashier was at the till and there was a self service queue I decided to just go to the regular checkout. Put my stuff on there when the woman decided to get up and go over and help a customer who was seemingly having no problems on the self checkout... so I waited a couple minutes and she come back and started putting my stuff through. I thought this was weird and noticed the security guard had made his way slowly behind me and was now hovering near the exit.

So funnily enough I paid, bagged my stuff and walked towards the door when the guard (who btw is foreign (no disrespect), barely speaks English and stank of BO) stopped me and said "good morning sir" (it was 8pm), "can i look in your bag please?". I was carrying one of my overnight bags which had some confidential paperwork, a rainjacket and some deodorant in. I was quite polite to him and I said "I'd rather not", to which he replied "sir let me check your bag now please". At this point he reached out and gripped my arm (across the strap too). Obviously I was shocked and my instinct was to pull away from him. As soon as he did this I pulled away and pushed past him and out of the door as I felt like he'd just assaulted me and I was slightly scared.

He chased me out of the door, still having a small grip on my bag, so I pulled away again and he started screaming (literally) into his radio in a language that wasn't English... I told him I would wait for the police if he wanted me to, but he moved towards me again and reached for my bag, so I turned around and left & walked home.

I'm in a bit of shock - I know that security guards certainly aren't supposed to attempt to physically restrain somebody (and he was a bit silly for trying it with me, I'm a big lad), but I don't know where I stand with this & what I should do.

I've never been in this situation before & I've never stolen anything in my life. (well maybe £1 from my sisters piggy bank when I was 8)

I don't know what I should do? Should I contact 101 and report this as the store may have called the police anyway? Will they follow me on CCTV to my home? Should I go to the police station in the morning & explain?


If you are wondering why I didn't just submit to the search, I don't actually know why. Looking back it would've been easier, but I guess I was just a bit shocked to be touched like that and shocked to be accused of stealing like that.

Any advice would be very much appreciated as I'm a bit worried now. Thanks.

Hintza

You won't be going back to that Asda store again, if nothing else they will bar you and might call the police if you show up again.

What was this nonsense about confidential papers?

boliston

A security guard has no more "rights" than any other member of the public so they can only do a "citizens arrest" in certain circumstances, such as if they have SEEN you steal an item and walk out. They are not allowed to act purely on suspicion. Putting a hand on you just because you decline to allow a search when he has not seen you steal is an assault.

GrumpyPL

Hintza wrote: »

You won't be going back to that Asda store again, if nothing else they will bar you and might call the police if you show up again.

What was this nonsense about confidential papers?

I don't really feel like going back there anyway, so that doesn't bother me in the slightest. RE the confidential papers, it was paperwork relating to a very personal & ongoing matter that I have going on that I happened to have in my bag, and while in hindsight I shouldn't of been so concerned as I very much doubt the guard could even read English, it may have been part of the reason in my mind I was hesitant to let him look in my bag.

boliston wrote: »

A security guard has no more "rights" than any other member of the public so they can only do a "citizens arrest" in certain circumstances, such as if they have SEEN you steal an item and walk out. They are not allowed to act purely on suspicion. Putting a hand on you just because you decline to allow a search when he has not seen you steal is an assault.

Well he couldn't have seen me steal anything because I didn't steal anything... so he's not allowed to try to detain me on a suspicion that I stole something? I'm guessing that's what he was trying to do by putting his hands on me.

Poppie68

If the guard believed he had reasonable grounds for suspicion then yes he does have a right to use reasonable force to stop you....Who knows what he saw or thought he saw....if you had stuck around you would of found out.

preciousillusions

You should speak to the manager of the store and report this.

lucy03

GrumpyPL wrote: »

I don't really feel like going back there anyway, so that doesn't bother me in the slightest. RE the confidential papers, it was paperwork relating to a very personal & ongoing matter that I have going on that I happened to have in my bag, and while in hindsight I shouldn't of been so concerned as I very much doubt the guard could even read English, it may have been part of the reason in my mind I was hesitant to let him look in my bag.

Well he couldn't have seen me steal anything because I didn't steal anything... so he's not allowed to try to detain me on a suspicion that I stole something? I'm guessing that's what he was trying to do by putting his hands on me.

Whether or not the security guard could read English isn't relevant IMO.

The guard should have had reasonable belief which ideally is seeing you steal something and not just thinking you might possibly have done. Although the force might have been slightly excessive I don't personally think it's excessive enough to do anything about it as it seems they just let you walk off.

The store might go and check CCTV footage to see if they can see any evidence of theft and in those circumstances they'd phone the police I'd imagine. But since you didn't do anything I just wouldn't go back.

sjbrun

If I were you id contact ASDA on facebook, let them know what happened, give them the time and date etc so they can look into it on cameras. You wont be the first person this security man has done this to and it seems like he didnt follow procedure.

They have to see you conseal something and see you avoid payment before they interviene.

The store will have cameras covering most of the store and exit where it happened so they can review it. Hopefully they will contact you back with a full apology otherwise I think you should avoid that company.

ASDA as far as I know hire their own security guards and they arent contracted in through another company so its probably a lack of training.

stevemLS

See s24A Police and Criminal Evidence Act 1984

24A Arrest without warrant: other persons
(1) A person other than a constable may arrest without a warrant—
(a) anyone who is in the act of committing an indictable offence;
(b) anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.
(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
(3) But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—
(a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and
(b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.
(4) The reasons are to prevent the person in question—
(a) causing physical injury to himself or any other person;
(b) suffering physical injury;
(c) causing loss of or damage to property; or
(d) making off before a constable can assume responsibility for him.
[
(5) This section does not apply in relation to an offence under Part 3 or 3A of the Public Order Act 1986.
] 2

The person effecting the arrest MAY use reasonable force to do so.

I'm afraid post #3 is mistaken.

The Guardian recently did a summary here http://www.theguardian.com/law/2011/aug/09/guide-to-citizens-arrest

No body knows what the security guard thought he saw.

Most innocent and reasonable people would co-operate

JReacher1

GrumpyPL wrote: »

the guard (who btw is foreign (no disrespect), barely speaks English and stank of BO) ................. some deodorant in.

I would have handed him the deodrant and said I think this is what you are after

Poppie68

Can't see what you would achieve by complaining....You can't prove you didn't steal anything because you did a runner.