When exiting a store, the security guard has the right to ask me to check my bag. I also have the right to refuse. If the security guard forces me to search my bag, that is assault. If he detains me and calls the police, that is false imprisonment. If the guard threatens to ban me unless he checks my bag, is this classified as blackmail or extortion due to my right to refuse? Can he actually ban me? Please advise.
VIC Bag Searching Policies
- Thread starter AzzaFortysix
- Start date
Short answer to the questions: No. Yes.
Answer with reasoning:
Stores are private property and staff generally have the right to refuse entry, or to require someone to leave. Entry onto private property is done under a form of legal licence. It assumes you're there for a legitimate purpose and with the consent of the property holder (i.e. owner, tenant, business). That licence can be subject to requirements. While this licence is not a contract, it can be helpful to think of it in a contractual manner. Effectively: The business is agreeing to allow you to enter their shop subject to you agreeing to the conditions of entry.
In terms of bag searches, the entry condition is that you agree to allow the business staff to inspect the contents of your bag should you be requested to do so. For that to be a valid condition, the store needs to tell you about it being a condition before you enter. That's why to allow bag checks, the business must display prominent signs at all entries which state along the lines of it being a condition of entry.
If you subsequently refuse to allow a bag check if called on to do so, you've breached a condition of entry to the store. The business is then within their rights to refuse you further entry to their store, which is private property. In effect, the licence extended to the general public is revoked in your specific instance.
It's not extortion or blackmail. It's a denial of entry in circumstances where they are well within their rights to do so.
Answer with reasoning:
Stores are private property and staff generally have the right to refuse entry, or to require someone to leave. Entry onto private property is done under a form of legal licence. It assumes you're there for a legitimate purpose and with the consent of the property holder (i.e. owner, tenant, business). That licence can be subject to requirements. While this licence is not a contract, it can be helpful to think of it in a contractual manner. Effectively: The business is agreeing to allow you to enter their shop subject to you agreeing to the conditions of entry.
In terms of bag searches, the entry condition is that you agree to allow the business staff to inspect the contents of your bag should you be requested to do so. For that to be a valid condition, the store needs to tell you about it being a condition before you enter. That's why to allow bag checks, the business must display prominent signs at all entries which state along the lines of it being a condition of entry.
If you subsequently refuse to allow a bag check if called on to do so, you've breached a condition of entry to the store. The business is then within their rights to refuse you further entry to their store, which is private property. In effect, the licence extended to the general public is revoked in your specific instance.
It's not extortion or blackmail. It's a denial of entry in circumstances where they are well within their rights to do so.
I understand that they are allowed to ban me, but are they allowed to threaten to ban me, eg: "I will ban you unless you show me your bag". As opposed to: "You are banned".
Follow up question: How can I be banned from a store (for example, Woolworths) if they do not collect my information, photo, name, etc. I could enter the next day and no one would recognize me, or a similar person could enter and be mistaken for me and told to leave. It seems as though a ban is unpheasable.
1. Yes, they can 'threaten' you - but threaten is perhaps the wrong perspective. Consider it a warning instead, along the lines of: "I'm warning you that if you do not allow us to inspect your bag, we reserve the right to exclude you from this store in future because you agreed to allow us to inspect your bag as a condition of entry to this store; which condition you are failing to abide by."
2. That's their worry.
2. That's their worry.
Almost every time I go to this Woolworths store (which I have been since this store opened). The staff and the security guards demonstrate questionable behavior. Particularly a 6 ft 2 inch bald African man, is particularly intimidating and most of the times I feel I am being singled out. They (esp. him) will check your bags almost every time and make you feel as if you are a thief or something. For eg. last week or week before, he chased me where I was already outside the store and started to ask me questions such as have you paid for items or have you got your receipt and I said I did not buy anything and he repeated what I said and then I went off. Another example, last night around 8 pm, I went to the store and the girl there was standing right behind me while I was putting my items through the counter and eventually she asked me to see my bag and then she even touched my bag and its contents without my permission. I told her ' you are not supposed to touch my bag' and she said 'sorry,I was unable to see whats inside' and then I said 'you can ask me to open my bag' but you are not supposed to touch my bag. We are their customers and the condescending manner and frequency by which they check individual customers should be revised I'd think.They should install security cameras and target individuals who are a risk and conduct bag checks in a reasonable and lawful manner, its very simple. I have raised a complaint today with Woolworths online. It will create better experience for customers and keep the stores security intact.
Similar threads
