Advice

A question about : Advice

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 Ј1 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.

Best answers:

• 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?
• 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.
• 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.
• You should speak to the manager of the store and report this.
• 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.
• 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 https://www.theguardian.com/law/2011/...itizens-arrest
  No body knows what the security guard thought he saw.
  Most innocent and reasonable people would co-operate
• Can't see what you would achieve by complaining....You can't prove you didn't steal anything because you did a runner.
• OP you've gone from "grip" and "touch" in your OP, to "forcibly try to detain".
  If I were you I would do nothing, probably stay away from that store.
  Proving theft in the circumstances you describe (which I know you didn't) would be incredibly difficult and I can't imagine the store or the police will want to follow it up. As I understand it, shops have to persuade the police to attend when they actually have someone in "custody".
  For clarification, someone using the s24A power of arrest has every right to use just as much force as a police officer, each may only use that which is necessary in the circumstances (granted not many of us are likely to have tazers laying around).
• Been stopped twice in the last 10 years both times in my scruffy mucky working clothes .
  On both occasions I kept my cool and demanded the manager was present.
  When he was I said this " For every item I have on my person that I have not paid for I will give you Ј100 on the understanding when you are proved wrong you give me Ј10 for every item in my bag ".
  On both occasions " Very sorry to have bothered you Sir " !
• Let's not do semantics, it's bedtime.
  Forcible detention in common understanding is more than a touch to the arm.