Shop Security and Bag Checks

Posted by: Deane F on 07 October 2005

I assume that shops all over the world have signs like the ones here in NZ, along such lines as this:

We reserve the right to check your bags before you leave the store.

Some large stores here have security guards at the exits who expect, if they choose, to be able to inspect your purchase receipts as you leave the store.

As far as I'm concerned, if I just bought the damned thing then it belongs to me and I don't have to prove it to anybody. If somebody thinks it isn't mine then surely they are the ones who must prove it?

I'm seldom stopped but I have politely refused an inspection or two before, with a smile, as I leave the store to no consequence - but I often wonder if a fuss was made whether I could be trespassed for the sole reason of refusing a bag or receipt check.
Posted on: 07 October 2005 by Tony Lockhart
I just leg it.
This subject has crossed my mind though, especially if they stop you outside the shop. What jurisdiction does a shop bouncer have off the premises?

Tony
Posted on: 08 October 2005 by Ancipital
Found this on a website called crimedoctor.com - a US based site, afaik, this is also the case in the UK which also covers offices.

Are Door Bag Searches Legal?

Yes, as long as the inspection is voluntary. No, if the bag check is involuntary or coerced. This is a rather fine legal distinction that is subject to misunderstanding and abuse. Basically, nothing in the law gives the merchant the right to detain a customer for the purpose of searching a shopping bag unless there is a reasonable suspicion of retail theft. See my web page on Shoplifting: Detention & Arrest for more details

A customer can refuse to have their bag checked and simply walk out the door past the bag checker. Hopefully the bag checker has been trained to know that they cannot force anyone to submit to a bag search without cause. This is important because the expectation of the bag checker is that all bag contents have been purchased. The worst thing that could happen is that an aggressive bag checker would forcibly detain or threaten a customer who refused to comply with the voluntary search.