Security Guard Issue

C

Camper6

Well-known Member
Location
Northwestern Ontario Canada
I was shopping in a Supermarket that's open 24 hours at 2 a.m. I do this frequently. Walk around the store looking for bargains and clearouts. I'm usually up at that time and if I am out of milk or other items I go shopping. The store is within walking distance.

I picked up two items. A Pepsi which I was dying for and a can of soup on sale.

After I paid for the times I was approached by a security guard.

He said to me "What do you have under your jacket?"

I thought he was kidding. So I said to him "Would you like to search me?".

He said open your jacket. Which I did and there was nothing there. So I said to him, this is bullshyte. What is your name I am going to report this.

His claim was the jacket looked bulky.

Then I let my temper get the best of me. And I demanded to see the store manager.

She comes out and he starts given her a song and dance. Without questioning me she decides to phone the police department.

Then she tells me to leave the store. I said sure as soon as you give me my money back, I won't be shopping here any more and I am going to report this incident.

They give me my money back and as I am leaving the store, this security guard says the police want to talk to you.

I said I was told to leave the store which I am now going to do and the police can find me at my place of residence.

I know I could have been charged with creating a disturbance but it was embarassing to me having to demonstrate to that security guard that I wasn't shoplifting and that he didn't observe me taking anything or having a witness see me taking anything.

This guy was overstepping his bounds as far as I was concerned and I wasn't going to let him get away with it.

I was waiting for the police to call me but so far have heard nothing.

He also refused to give me his name when I told him I was going to report the incident.
 

"Nothing good ever happens at 2 a.m."

Crooks own the night, so people out at that time are automatically under a heightened degree of scrutiny.
 
Most people out that time of night are up to no good. The security guard was just doing his job. If I were the store owner I would applaud him. You would not believe what people try to smuggle out in their clothes. My daughter works at a 24 hour pharmacy and the stories she has to tell. I would not dream of going out alone at that time of night by myself. You are braver than me. If I were out I would not be offended if that happened to me. Thieves come in all shapes and sizes!
 
I think that, where I live, submitting to a search by a security guard is covered under the 4th amendment and is strictly voluntary.

You may have opened the door for a search when you said "Would you like to search me?".

IMO it's best to remain calm and keep your answers to the SG's questions short and direct.

I agree with tnthomas you need to be careful when you're out running with the night, playing in the shadows...
 
terry123 said:
Most people out that time of night are up to no good. The security guard was just doing his job. If I were the store owner I would applaud him. You would not believe what people try to smuggle out in their clothes. My daughter works at a 24 hour pharmacy and the stories she has to tell. I would not dream of going out alone at that time of night by myself. You are braver than me. If I were out I would not be offended if that happened to me. Thieves come in all shapes and sizes!
Click to expand...

You are talking about Houston.

This is a small city in Canada. There's no problem being out after dark. But the way he handled it?

They lost a $300 a month customer. Applause alright. A kick in the rear end is more like it.

By by the way. You can refuse a search. I complied because I thought the guy was kidding.

I could have said no and they would have held me and called the police.

In which case I could have sued them for unlawful detention.

A security officer doesn't have any more rights than an ordinary citizen. At least not in Canada.
 
Camper6 said:
You are talking about Houston.

This is a small city in Canada. There's no problem being out after dark. But the way he handled it?

They lost a $300 a month customer. Applause alright. A kick in the rear end is more like it.

By by the way. You can refuse a search. I complied because I thought the guy was kidding.

I could have said no and they would have held me and called the police.

In which case I could have sued them for unlawful detention.

A security officer doesn't have any more rights than an ordinary citizen. At least not in Canada.
Click to expand...

Too bad you didn't get the chance to sue them.
 
terry123 said:
Most people out that time of night are up to no good. The security guard was just doing his job. If I were the store owner I would applaud him. You would not believe what people try to smuggle out in their clothes. My daughter works at a 24 hour pharmacy and the stories she has to tell. I would not dream of going out alone at that time of night by myself. You are braver than me. If I were out I would not be offended if that happened to me. Thieves come in all shapes and sizes!
Click to expand...

Thats what they have security cameras for. You need proof of theft. A security guard at the checkout counter making arbitrary decisions? Give me a break.
 
I probably would have told him I have nothing under my jacket. Then if he asked me to open it, I would have and when he saw nothing he would likely have apologized and that would have been the end of it.
 
Responding to a security guard, or policeman, with sarcasm and acting confrontational is a sure way to escalate the situation, and usually insures that the person doing so will wind up on the losing end.
 
SeaBreeze said:
I probably would have told him I have nothing under my jacket. Then if he asked me to open it, I would have and when he saw nothing he would likely have apologized and that would have been the end of it.
Click to expand...

Yes but that's not what happened. I asked for his name and he wouldn't give it. That's when I got upset.

I call it harassment.
 
Don M. said:
Responding to a security guard, or policeman, with sarcasm and acting confrontational is a sure way to escalate the situation, and usually insures that the person doing so will wind up on the losing end.
Click to expand...

Don I had conversations with this guy before.

I thought he was kidding.

So you wouldn't be embarrassed if a security officer asked you to show you weren't hiding anything in front of the other customers?

There has to be reasonable evidence of theft. A bulky jacket is not one of them.

Im quite surprised at the comments of my American members.

I posted this in 3 forums for comparison.

It's interesting.

What could they charge me with ?

What if I was a woman and pregnant or just plain fat?
 
I've seen perhaps two off duty cops in my life who were acting as security guards. One was in central Denver, the other not far from the Chicago Loop. I've never been in any other grocery store with a cop or security guard. My Walmart sure doesn't have them.

That's life in the big city.
 
I understand your anger. I wouldn't have liked being treated that way. Sure, the least messy thing to do is open your coat, but unless you were actually spotted tucking something in there, either by a camera or witness, the guy had no right to demand you do so. To involve the police was a bit over the top as well. I'd report the manager, too. A complaint addressed to the manager's manager, or corporate manager.

Also, when you ask a store security guard for his or her name, they have to give it, along with a badge number if applicable. That's policy.
 
The supermarket closest to my last home (where I would shop at night only if there was a very good chance of my starving to death before morning....) had an off duty cop standing outside the door after dark. The store policy was for women alone to stop at the front door, honk twice and park, and he would come out and walk you from your car to the front door. When you left, you were escorted to your door and he would not leave until you pulled out. There was always a lot of drug dealing going on in that parking lot. I appreciated the extra security.
 
I'm quoting Canadian here.

[COLOR=rgba(0, 0, 0, 0.870588)]Everyone has the right to be secure against unreasonable search or seizure. Privacy is "at the heart of liberty in a modern state". It is "essential for the well-being of the individual" and has a profound significance for ...[/COLOR]
 
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