Search by the buyer’s bodyguard in the store: what is forbidden by law

Criminal Law
Polishchuk Vasily
07.12.2020
Law Services - Search by the buyer’s bodyguard in the store: what is forbidden by law

Buying products in a supermarket can also result in statutory liability, who exactly – the buyer or the security guard? Consider the rights and responsibilities of the first and second.

«The security guard has no right to search the buyer, even if there is a suspicion of theft»

The activity of a shop/supermarket security guard is regulated by the “Law on Security Activities”. Yes, a supermarket security guard is the staff of the store or security company, which belongs to the subject of security activities, has a license, carries out activities related to the protection of property of the supermarket/store.

«The guards do not have the right to look in the bag and search»

This is the competence of the police. Therefore, if the guards found (theft) – should call the police.

The security guard can conduct an inspection, which is a voluntary desire of the buyer to put things out of pockets and bags in order to detect the stolen. Once a crime is detected, security must again call the police.

Therefore, the inspection is carried out with the voluntary consent of the buyer and in the presence of witnesses, if there is specific evidence.

According to the law, a security guard has the following grounds to call the police in a case: 

  1. If the sellers noticed the theft and reported it to security.
  2. Surveillance cameras recorded the theft.
  3. At the exit of the supermarket, the alarm frame worked.

The buyer is entitled:

  • Require him to provide evidence of theft (video recordings).
  • Under no circumstances go to the security room.
  • If the guards continue to insist on a search, the police should be called.

Therefore, if the security guard has committed illegal actions against the buyer, the latter has the right to complain to the Inspectorate for Consumer Protection, or to file a complaint to the police..

In some cases, you can go to court with a claim, and in the presence of a lawyer to compensate for moral damage.

 

 

If you have additional questions, call: + 38 (044) 259 71 59 and / or write to: yurisvest@gmail.com.

Administrative Law
Administrative Law
Мирошниченко Анастасія
22.07.2021