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View Full Version : Can security search handbag in department store


sp1ke
Apr 16, 2012, 09:37 PM
Does a store employee have the right to demand a search of a customer's handbag if the door anti-theft alarm was triggered. A friend of mine had coffee at the McDonald's in Walmart and did not even enter the store except to proceed directly to the restaurant. When she left the store the alarm was triggered. She had no parcels and had not even been in the store but an employee rudely demanded to see her handbag. He took the bag from her and rummaged though all of her belongings. When he found nothing he continued to insist that she must have some merchandise and asked her to unzip her coat. All this was done very loadly and in full view of other customers. She was extremely embarrassed and humiliated by the invasion of her privacy. He made her pass her handbag through the security system and it did not trigger the alarm. Upon which he very loudly told her to "just leave" and when she did the alarm was again triggered, possibly by some unknown item on her clothing. When her son phoned the following day to complain to the manager about his mother's treatment, he was told it was "store policy". I do not believe any store has a policy allowing staff to humiliate cusomers, but does an employee have the right to search personal belongings solely because the door security alarm was (falsly) triggered?

OneLife1
Apr 16, 2012, 09:48 PM
That depends on where you live. I work security and our policy is to always have the customers open their own stuff and take it out while we just look inside their bag. For my company, we're not allowed to touch the customer's stuff.

On the other hand, since you were on private property, you're subjected to store policy once you enter and if the policy is to have the bags searched, then they have the right to do so. It is private property, and their policy can be upheld. The problem is how is one suppose to know what the store policy is, but once you enter a store, you're subjected to their policy.

AK lawyer
Apr 16, 2012, 11:49 PM
She could have refused. Private security officers generally do not have the power to arrest.

ScottGem
Apr 17, 2012, 03:42 AM
No they don't have the right to humiliate. But if she refused to allow the search, they could have detained her until police arrived.

It all depends on local laws, since she was on private property.

But a couple of things of note in your story. If I trigger an alarm when I exit a store, I stop and wait for clearance to continue. If a store employee asked to see bags or check pockets, I go ahead. It's a lot easier to let them since I have nothing to hide.

[Quote=sp1ke]did not even enter the store except to proceed directly to the restaurant.[Quote]
Doesn't matter. She DID enter the store. Unless the McDonald's has a separate entrance, she entered the store.

Were you there? Did you witness the incident. Are you positive your friend was not rude first or defensive or argumentative? She set off the alarm, the employee may have asked to see her bag and she may have initially refused, maybe that's why he became rude.