Macmillan Holdings, LLC. Legal Lad, Legal Lad's, QDnow, and Quick and Dirty Tips are all trademarks of Macmillan Holdings, LLC. Several listeners, including Richard from Texas, Matt, and Robert asked me to specifically address the underlying legality of a security guard’s search. Zak legal I was caught stealing something from a retail store, but i have not been tried in court yet. I was reading your comment above if the security guard grabs my arm with some force with customers standing near by saw this, i was not only abused but embarrased. what is your thought on how the courts are going to decide there decision? http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=19939#Comments http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=19939#Comments Sun, 18 Oct 2009 08:44:33 GMT jen legal while leaving BJ's I accidentally went on the wrong line to have my receipt checked. meanwhile at least 5 customers had gone ahead of me so all i tried to do was go to the front of the line and the security guard grabbed by wagon and was pushing me back, my 2 yr old daughter was sitting in it. i started screaming for him to get off me, the manager was paged, then the guard just grabbed my receipt and punched it on my way out i told them to call the police,nnow i wish i had called myself, he had no right to use force on me did he? btw i only had 5 items so it was easy to see i wasn't hiding anything. what should i do? im afraid they might look at the security tape and revoke my dad's member ship. http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=17297#Comments http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=17297#Comments Thu, 04 Jun 2009 11:57:30 GMT Loretta legal Just want to say i`m glad i found this site. I am from France and also am speaking English, please tell me whether I wrote the following sentence: "However, there are no magic diet plans that can help you do that in a healthy way and also keep the weight." Thanks for the help :-D, Loretta. http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=15360#Comments http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=15360#Comments Thu, 15 Jan 2009 20:16:13 GMT Steven legal Well I'm wondering about the "Detained for a reasonable amount of time" part. If you a juvenile and guilty of petty theft, how long can a store security guard detain you? http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=14775#Comments http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=14775#Comments Sun, 16 Nov 2008 01:25:00 GMT Bill legal A store owner following the advice in this post would find themselves on the losing end of many a civil lawsuit. It takes probable cause to detain a shopper. Refusing to submit to a bag check does not meet that standard. A beeping security scanner at the door doesn't meet that standard either. A customer (not store employee) statement they saw another party shoplift doesn't meet that standard (and once you tell them you'll need them to testify...good luck!) Here is a much better discussion of the multiple steps a merchant better follow before they detain anyone they suspect of shoplifting: http://www.crimedoctor.com/shopliftingPC.htm http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=13354#Comments http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=13354#Comments Thu, 07 Aug 2008 15:53:03 GMT Charles legal From Washington State Crime Prevention Detaining the Shoplifter Before either the civil or the criminal penalties can be used, the retailer must first apprehend the shoplifter. If done correctly, the retailer exposes himself to little risk of false arrest suits. State law allows you to detain a suspect if there are reasonable grounds to believe that the person shoplifted in your store. The following are the critical elements to consider before making an apprehension: * Did you or another reliable witness see the suspect conceal merchandise or remove it from the store? Before taking action on a witness report, verify that the witness will appear in court, if necessary. * Are you positive that the merchandise concealed or taken was store property and not the property of the suspect? * Are you sure that the merchandise was not replaced on the shelf? * Had the suspect possibly already paid for this merchandise? * Was the suspected shoplifter acting in a suspicious manner? http://wscp.innw.com/Manuals/shoplift.html Not showing a receipt is not reason enough to detain someone. http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=11831#Comments http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=11831#Comments Mon, 03 Mar 2008 19:55:22 GMT Roger Green legal Recommended reading - Wall Street Journal, Sept 20, 2007, D1, "The Accidental Thief: An Editor's Journey Into Retail Crime at Kmart; Wrong Box for the Flip-Flops." http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=6776#Comments http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=6776#Comments Thu, 04 Oct 2007 19:00:20 GMT David legal I just came across this story about a guy trying to leave a store without showing his receipt and immediately thought of your podcast. http://consumerist.com/consumer/civil-rights/tigerdirect-unlawfully-restrains-and-verbally-abuses-customer-for-not-submitting-to-receipt+showing-demands-292688.php Thanks for the great podcast. http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=126#Comments http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=126#Comments Fri, 24 Aug 2007 20:23:20 GMT Legal Lad legal You are most welcome, Matt, and thank you for your kind words. http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=124#Comments http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=124#Comments Fri, 11 May 2007 21:41:22 GMT Legal Lad legal James- Thank you very much for writing. I love hearing about international law. The shoplifting statutes in America can be traced to the shopkeeper's privilege originally developed by the British common law. It is interesting to see how Scotland and America have applied this common law rule to modern technology. Please continue to comment! Legal Lad http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=123#Comments http://legallad.quickanddirtytips.com/store-security-part-2.aspx?commentid=123#Comments Fri, 11 May 2007 21:40:06 GMT Sun, 18 Oct 2009 08:44:33 GMT http://legallad.quickanddirtytips.com/store-security-part-2.aspx feedback@quickanddirtytips.com (Managing Editor) feedback@quickanddirtytips.com (Webmaster) en-us