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The Phoenix Saga
BlackBeltBarrister
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Comments by "The Phoenix Saga" (@The_Phoenix_Saga) on "Can a Security Guard Arrest or Search You for Shoplifting or similar?" video.
As having been a security guard in retail myself i can contribute - at least regarding myself and those who I've worked with; we have to be 100 percent certain that the culprit has committed the act and have the evidence via footage to prove it. If there's any reasonable doubt, or the footage doesn't exist past circumstantual reasoning, then there is no grounds to approach.
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@mickpeat6351 I just did and given your situation, i don't know much about the reasoning behind the guards approach so forgive the rather bland remark - from the sounds of it, he sounded like it was an order, which retail security can not instigate in terms of searching personal property. They can detain and have the police arrive so that would have been up to you. The EAS going off would have warrented him asking if you had anything - sometimes checkouts fail to disable tagging on clothes and meat and so on, leading to approach on the door. A simple receipt for me would do unless I had actual proof of anything else. At retail the guard would have needed cctv footage to justify anything further and if you had nothing then he had no reason to pursue.
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@nlwilson4892 the company policy; depending on where you work - I haven't worked retail security in four years now, would have it written in the matter of procedure to not approach anyone without incontrovertible reasoning to do so. If passing though the EAS which is essentially the final spot before the exit past the point of expected payment and it sets off, the guard is expected to investigate the cause within reason. If it's not someone who's been monitored for suspected purposes the best bet is to ask politely of purchase involving high risk items such as alcohol, meat etc. Usually just the receipt will do that for you and that's it. When I used to do retail, if I saw someone coming from the checkouts with bags in hand or so forth and they set off the EAS, they'd just be let through without further hinderence.
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@bluebottle1617 thanks, though it's been over four years since I was in the retail sector. Much hasn't changed though - most who take up security as a career, not following military service start off via retail... and frankly; retail do get a lot of idiots. Luckily they don't tend to last before they step over the mark and are removed. I just feel for the poor sods who have to deal with them to make that happen. Course the decent ones don't get a break; sometimes the customers can be a right piece of work and it takes a lot of restraint and smarts to resolve those.
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@dazryan3463 yes, the optional receipt is a frustrating loophole - one I would say was put through without considering that matter. But if I had nothing to hold them on, no reason to suspect, it'd be more prudent to just let them go, investigate the cctv of their route and thus confirm any activity. Most of the time it's been a mishap at the checkout, especially self-scan where the item has been paid but not deactivated. The matter at that point is resolved, depending where you work, the matter is brought up with the checkouts manager to reinforce prudence when it comes to disabling paid items and avoid unnecessary issue. In the event of a confirmed theft, following their leaving the matter would be reported depending on the value and a "watch for" notice so that said shoplifter would be monitored on each following entry and approached upon offence put into effect.
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@barrieshepherd7694 retail security can not force searches; ie person effects searching physically, any items on your person would have to be revealed on your own means and that you have every right to refuse and demand police intervention, though the police DO have the means to perform such searches. If ever retail security commits such, then an assault claim can be filed. Be aware, however, that should you refuse to cooperate when approached and do not await for the police with that refusal, both security and store can invoke a retraction of your right of entry - basically they can ban you on the grounds of intent. In any event you are approached and challenged incorrectly, it's better to let the guard fall on his or her own sword even if it means an inconvenience on your part despite your innocence. Personally I have no sympathy for a guard who messes up and falsely accuses an individual prepared to retaliate through the process, because if they're in such situation, they aren't doing their job properly.
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@ciaran82359 at most you'd have an argument for defamation of character - seeing as there was no item in question, not to mention in the situation, that there was no such theft and unnecessary attention was brought to your person. That said however I perceive as a civil matter between you and the guard so that would be out of the store's hands; as bad as it is - he'd have best made sure without controvertible evidence that there was cause to act and from what you're saying, there was none. He was excessive and poorly judging given from what I've read. As for seeing the footage yourself before his searching - that would not be possible without going through the loop, due to the Data Protection Act; at least it's revisions in the last few years, typically non-security and non-law enforcement are restricted from immediate access of cctv footage even if that is of the individual themselves.
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@heidiblake7957 it's essentially the same here; until past the point of intended sale - IE, the entrance/exit doors, unless blatant theft is in place: say the individual is opening products and consuming them before discarding the packaging without payment, or removing security tagging from alcohol, approach and challenging (Which is the exception under the notion of theft via consumption) there is no purpose in approaching any individual for the purpose of challenge as any matter with exception to the examples I've just made are at best, purely circumstantial.
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