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Old Aug 24th 2007, 3:35 pm
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Default Shop bag search policy

I went into my local Kmart to see if they had any boot laces. As I entered, an old lady ran a full 25 metres from where she was talking to her Kmart colleague, to stop a woman who was leaving the store. I wondered whether the eagle-eyed staff member had spotted a pushchair poking out from her tiny clutch bag but I couldn't see anything amiss and after a quick search she was allowed on her way.

They didn't have any laces, so I left. As I approached the exit, motorcycle helmet in hand, the old lady leaned over to peer in it so I pulled it away and asked if I could help her. As I continued on my way, she explained that she had to check it . I fully expected her to chase me down and insist on a thorough search but perhaps she realised that I couldn't fit anything of value into it; except my head.

Now I am fully aware that I'm reaching that age when moaning becomes second nature but in my opinion, this is a breach of my personal privacy and in today's society of increased monitoring by Big Brother, my own personal space and privacy is one of the few freedoms I have and expect to control.

This invasive behaviour should be expected for reasons of security at train stations, airports and large public venues like sports stadia but is it acceptable in shops and supermarkets? This is most definitely not a security policy in the context of public safety but obviously one to catch shop lifters.

Having done a little research, I have discovered that there are guidelines for bag searches which state that the consumer may refuse and that stores should not be checking anything smaller than a piece of A4 paper unless they have reason to believe that you have actually stolen something. If you refuse a search, the store can detain you and call the police but again, only if they feel you are concealing goods. If you are wrongfully detained, you are within your rights to sue the store for assault. Also, if the store make a wrongful citizen's arrest, you can sue for damages, on the grounds of injury, insult, mental suffering or humiliation.

An important point to note is that the store MUST display a prominent notice explaining their bag search policy BEFORE you enter the store. By reading this notice you are effectively agreeing to bag searches. However, all of the above still applies.
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Old Aug 24th 2007, 3:46 pm
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Default Re: Shop bag search policy

Originally Posted by Dried Graze
I went into my local Kmart to see if they had any boot laces. As I entered, an old lady ran a full 25 metres from where she was talking to her Kmart colleague, to stop a woman who was leaving the store. I wondered whether the eagle-eyed staff member had spotted a pushchair poking out from her tiny clutch bag but I couldn't see anything amiss and after a quick search she was allowed on her way.

They didn't have any laces, so I left. As I approached the exit, motorcycle helmet in hand, the old lady leaned over to peer in it so I pulled it away and asked if I could help her. As I continued on my way, she explained that she had to check it . I fully expected her to chase me down and insist on a thorough search but perhaps she realised that I couldn't fit anything of value into it; except my head.

Now I am fully aware that I'm reaching that age when moaning becomes second nature but in my opinion, this is a breach of my personal privacy and in today's society of increased monitoring by Big Brother, my own personal space and privacy is one of the few freedoms I have and expect to control.

This invasive behaviour should be expected for reasons of security at train stations, airports and large public venues like sports stadia but is it acceptable in shops and supermarkets? This is most definitely not a security policy in the context of public safety but obviously one to catch shop lifters.

Having done a little research, I have discovered that there are guidelines for bag searches which state that the consumer may refuse and that stores should not be checking anything smaller than a piece of A4 paper unless they have reason to believe that you have actually stolen something. If you refuse a search, the store can detain you and call the police but again, only if they feel you are concealing goods. If you are wrongfully detained, you are within your rights to sue the store for assault. Also, if the store make a wrongful citizen's arrest, you can sue for damages, on the grounds of injury, insult, mental suffering or humiliation.

An important point to note is that the store MUST display a prominent notice explaining their bag search policy BEFORE you enter the store. By reading this notice you are effectively agreeing to bag searches. However, all of the above still applies.
You did the right thing. Tell 'em to get stuffed and keep walking.
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Old Aug 24th 2007, 4:07 pm
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Default Re: Shop bag search policy

Originally Posted by Amazulu
You did the right thing. Tell 'em to get stuffed and keep walking.
My version of the advice is to forget about it (the whole thing) and keeping walking.

And if the security guard fancies a footrace well he's welcome to try cos I enjoy turning on the afterburners.

(I don't see how they can detain you in the first place). Ultimately it is some sort of deterrant policy so I don't really care as I tend to pay for things I buy.
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Old Aug 24th 2007, 5:50 pm
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Default Re: Shop bag search policy

Originally Posted by Dried Graze
I went into my local Kmart to see if they had any boot laces. As I entered, an old lady ran a full 25 metres from where she was talking to her Kmart colleague, to stop a woman who was leaving the store. I wondered whether the eagle-eyed staff member had spotted a pushchair poking out from her tiny clutch bag but I couldn't see anything amiss and after a quick search she was allowed on her way.

They didn't have any laces, so I left. As I approached the exit, motorcycle helmet in hand, the old lady leaned over to peer in it so I pulled it away and asked if I could help her. As I continued on my way, she explained that she had to check it . I fully expected her to chase me down and insist on a thorough search but perhaps she realised that I couldn't fit anything of value into it; except my head.

Now I am fully aware that I'm reaching that age when moaning becomes second nature but in my opinion, this is a breach of my personal privacy and in today's society of increased monitoring by Big Brother, my own personal space and privacy is one of the few freedoms I have and expect to control.

This invasive behaviour should be expected for reasons of security at train stations, airports and large public venues like sports stadia but is it acceptable in shops and supermarkets? This is most definitely not a security policy in the context of public safety but obviously one to catch shop lifters.

Having done a little research, I have discovered that there are guidelines for bag searches which state that the consumer may refuse and that stores should not be checking anything smaller than a piece of A4 paper unless they have reason to believe that you have actually stolen something. If you refuse a search, the store can detain you and call the police but again, only if they feel you are concealing goods. If you are wrongfully detained, you are within your rights to sue the store for assault. Also, if the store make a wrongful citizen's arrest, you can sue for damages, on the grounds of injury, insult, mental suffering or humiliation.

An important point to note is that the store MUST display a prominent notice explaining their bag search policy BEFORE you enter the store. By reading this notice you are effectively agreeing to bag searches. However, all of the above still applies.
I've had bag checks loads of times. At first it made me feel criminal. I felt like you and wanted to tell them to stick it!
After reading this, i may well do. Especially when it is only random people they check.
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Old Aug 24th 2007, 6:39 pm
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i don't want to offend anyone, but isn't it an extension of that 'i have a right not to be searched' attitude, that allows kids to get literally away with murder in this country. everyone is now AFRAID to question what they are doing. i'd accept the bag search as a sign of a society that is less tolerant of some of the appalling adolescent behaviour in the uk
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Old Aug 24th 2007, 8:16 pm
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Default Re: Shop bag search policy

I don't give a crap about opening my bag and letting someone pretend as though they are actually looking for something you've just nicked. If maybe I'd just gone to Naughty but Nice and bought a 24" double d***do or something for the dear lady I might be hesitant about walking into Target but since we've been married too long for that to be a realistic option I dont really mind.

Deterrent for petty shoplifters ? Maybe. Time taken for someone to peer into my bag...a couple of seconds. Harm done...none.

Its common practice in Australia so why get uptight about something thats quite normal.
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Old Aug 24th 2007, 8:44 pm
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Default Re: Shop bag search policy

It doesn't worry me, but it seems to embarrass the shop person who has to do it. Just open the bag as you walk, hold it out, without stopping, person peers, says thanks, on you go. No big deal.
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Old Aug 24th 2007, 8:52 pm
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Default Re: Shop bag search policy

Originally Posted by moneypen20
It doesn't worry me, but it seems to embarrass the shop person who has to do it. Just open the bag as you walk, hold it out, without stopping, person peers, says thanks, on you go. No big deal.
I think you must look well dodgy Pen....never been stopped myself! (snooty sniff)!
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Old Aug 24th 2007, 8:54 pm
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Default Re: Shop bag search policy

Originally Posted by busterboy
I think you must look well dodgy Pen....never been stopped myself! (snooty sniff)!
I've never been stopped either. I just open the bags regardless of what's in them
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Old Aug 24th 2007, 8:54 pm
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Default Re: Shop bag search policy

When I lived there as a kid, I remember everyone just opening their bags going through checkouts or at exits.
When I returned to the U.K aged 14, I went into our town shops and opened my bags on exiting the shops. I could see the shop assistants looking at me with horror and then my new mates asked what on earth I was doing......
it is hard to explain to a bunch of 14 year olds
J x
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Old Aug 24th 2007, 8:56 pm
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Default Re: Shop bag search policy

Originally Posted by moneypen20
I've never been stopped either. I just open the bags regardless of what's in them

...and you are confident in the knowledge that there is nothing in the bag anyway because you have concealed twenty layers of merchandise under your overcoat and in the fake hump and bump you cunningly wear on all your 'shopping' trips....eh?

...thanks for the tip

.....and pm your lawyers name again!

Last edited by busterboy; Aug 24th 2007 at 9:00 pm. Reason: inability to type
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Old Aug 24th 2007, 8:57 pm
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Default Re: Shop bag search policy

Originally Posted by moneypen20
It doesn't worry me, but it seems to embarrass the shop person who has to do it. Just open the bag as you walk, hold it out, without stopping, person peers, says thanks, on you go. No big deal.
Exactly Penny....nothing to get upset about.
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Old Aug 24th 2007, 9:32 pm
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Default Re: Shop bag search policy

I was not impressed when pushing the stroller with my daughter crying for food and was asked to open the nappy bag (which is like an A4 folder)...they insisted that I open it. So I opened to display the used nappy concealed therein.
Wonder if they are still asking for nappy bags to be opened?

Strange bit was that they did not look at the bugling bags in the understroller tray, where I could have placed half the shop stock....
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Old Aug 24th 2007, 9:45 pm
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Default Re: Shop bag search policy

Reckon bag searches are a complete waste of time anyway. Any born and bred aussie shoplifter would surely have figured at an early age that nicked goods should be concealed on the person and not in a sure -to -be -searched bag
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Old Aug 24th 2007, 10:49 pm
  #15  
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Default Re: Shop bag search policy

Originally Posted by Del Boy
Reckon bag searches are a complete waste of time anyway. Any born and bred aussie shoplifter would surely have figured at an early age that nicked goods should be concealed on the person and not in a sure -to -be -searched bag
Oh they are wise to that one too. Search the forum and you will find the story of when I was asked to remove the jacket I was wearing whilst shivering with flu as they believed I was concealing stolen goods.......
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