Do you have any more info. My attitude would be not to stop since i do not steal. If they followed me i would tell them i would call the garda if they held me against my will and I would not be searched unless/until a garda was presentTo the first question No you are not oblidged to stop & no they do not have the right to search you without a guard present.
Thanks Colm. No offence but are you a legal person? I need to be sure before i would call the cops!
No but I have discussed this before with a professional
OK thanksNo but I have discussed this before with a professional
lolA professional shoplifter?
They'd know alright.
I was aware of thatThe situation with regards to retail officers and indeed any security officer is that they possess no more powers above a private person (you and I for example)
Knew that also but I once heard you could be on shaky ground making a citizens arrest, I cannot recall why, not knowing all the circumstances or not having power of a gardaUnder the Criminal Law Act 1997 any person (that's you, me or a security officer) can arrest any person who commits an 'arrestable offence'. Theft (shoplifting) is an arrestable offence. Once a person is arrested they must be handed over to a member of the Garda as soon as practicable.
Thats the legislation.
This is what I was not sure ofNow a private person has no right at all to search another under any circumstance unless that person gives his/her consent. This would apply in the scenario you describe
I don't know because I did not see the incident begin. When I wrote in the first post that she had beeped the beeper I was assumimg she had as she was being searched(I presume the officer asked the lady for her consent to search her/look in her bag).
could beNow obviously there isnt enough facts, it might be possible the lady in question is a known 'lifter' and she was observed concealing items by the security officer and he/she arrested her outside the shop and asked her permission to search her bag?
I thought that but was not sure. I often am amazed that people just do stop apparently without thinking. I have no sympathy for lifters if the lady today was but people can be blamed in wrong. I was once accused and the security guy demanded i empty my pockets. I told him to call the garda and i would empty them in the presence of the garda. So I often meant to look into the situation re the beeper and the search and seeing that today reminded me. I was almost sure since my offer to empty my pockets in the presence of a garda was declined!O and to answer your other Q re the tagging alarm going off, no you are not obliged to stop if you dont want to.
Is an alarm going off in a shop when you exit potential grounds for taking a slander case? It is potentially falsely accusing you of having stolen items in your possession in a public place where other people can witness it.
That in itself would be seem as damaging a persons reputation, especially if you are seen by people that know you.
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