Security guards seaching suspected shoplifters.

[Benny]

Just wondered what the law is on shop security staff seaching suspected shoplifters for stolen items? Is this not something only the police should do on arrival once the offenders had been detained?

The reason i ask is that i recently heard about a job whereby a guard had searched someone suspected of shop theft (a well known shoplifter from what i have heard), found a stolen bottle of vodka and the offender then making an allegation of sexual assault against the guard.

In my job i have the power to confiscate tobacco from under 16's however i can only confiscate what is in plain view. I'm told asking them them to turn out there pockets is classed as an involuntry search. Would this not fall under similar legislation?

[busterbloodvessel]

There is no power for security guards to search anyone. Their only power is to detain. As you rightly say, asking someone to turn out their pockets is a search and only police officers have that power.

The scenario above neatly illustrates the dangers of laying hands on someone when you have no power to do so.

[Benny]

I had a feeling that was the case. How does it work for people being searched before going into a nightclub?

[devil3682]

The nightclub one is fine it is a condition of entry so you either agree to the search or don't get in.

[Benny]

fair enough.

[Benny]

There is no power for security guards to search anyone. Their only power is to detain. As you rightly say, asking someone to turn out their pockets is a search and only police officers have that power.

The scenario above neatly illustrates the dangers of laying hands on someone when you have no power to do so.

Did you know that in some counties PCSO's have the power to search under 16's for tobacco? Yet Police officers don't. (other than the power of blag!)

[RandomName]

Did you know that in some counties PCSO's have the power to search under 16's for tobacco? Yet Police officers don't. (other than the power of blag!)

That's the first I've heard of it, under what legislation do they have the power to do that?

I know our PCSOs can't search at all unless they're with a PC who requests their assistance with a search under certain circumstances.

[Benny]

Pass, was told that by the PC who did my accreditation training when i was training to be a CPO.

[wingnut]

There is no power for security guards to search anyone. Their only power is to detain. As you rightly say, asking someone to turn out their pockets is a search and only police officers have that power.

The scenario above neatly illustrates the dangers of laying hands on someone when you have no power to do so.

Asking someone to turn out their pockets isn't a search, its a request, if they do it willingly whats the issue?

[busterbloodvessel]

The issue is, it's classed as a voluntary search which is specifically forbidden by the PACE Codes of Parctice. You're not allowed to conduct a voluntary search unless there would be a power to search anyway.

[JayDay]

PACE doesn't apply to security guards, so a guard could ask someone to turn out their pockets, but couldn't search them if they refused.

I would also argue that a police officer does not have the power to search someone detained for shoplifting unless they arrest them. Sec 1 PACE only allows searching in a public place, a security office in a shop is not a public place.

[GymRat]

I would rather store detectives COULD search people..... And arrest them..... And write statements..... And take them to court...... Then I wouldn't be bothered by "violent" shoplifters who have stolen £5 worth of rubbish from Lidls who can't speak english, demand a lawyer, an appropriate adult, a doctor, and everything else they can get before they finally walk out with their caution..... Eight hours after we first get called, having wasted my officers entire day.

[Rusty99]

Ah, but at least it is a body to go with the stats.

[busterbloodvessel]

Rusty, when did you go all company on us!!!! 

[Ch00]

Hes changed !!