Shop Security Powers: legal position if you are are leaving a shop & alarm sounds?

Just curious on this..
What is your legal position if you are are leaving a shop and the alarm sounds?
Are you oblidged to return to the store?
Does the security guard have the right to search or detain you without actually accusing you.
Do you have the right to insist on a Guard being present before being searched?
If nothing has been stolen what sort of case would you have against them?
Being very vauge here for obvious reasons.

Re: Shop Security Powers: legal position if you are are leaving a shop & alarm sounds

AFAIK

colm said:

Just curious on this..
Are you oblidged to return to the store?

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No.

Does the security guard have the right to search or detain you without actually accusing you.

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No. The guard has the same exact same authority as anyone else in the street. They may ASK you to return to the store. They do NOT have the right to physically frogmarch you back to the store. Physical contact MAY be classed as assault....I doubt if a tap on the shoulders.."excuse me!" would fall into that category but grappling certainly would.

Do you have the right to insist on a Guard being present before being searched?

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Most definitely. If you have requested a Garda presence and they have failed to call them or proceed without waiting, I think they're on very dodgy ground.

If nothing has been stolen what sort of case would you have against them?

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Then you probably have a slander case. There have been plenty of cases where people have been wrongfully accused and have successfully taken action against both the store and the security company.

Reading between the lines...talk to a solicitor.

Re: Shop Security Powers: legal position if you are are leaving a shop & alarm sounds

Thanks for you input Marathon Man