posted on Sep, 7 2008 @ 07:24 AM
I am from Melbourne.
It is a persons right to refuse a security guard searching your bag.
A security guard can only arrest you if he or she saw you stealing something and then concealing it, for example, put something in your bag, and walk
out without paying.
I refuse to have my bag searched.
It seems most of the security guards I encounter do not even know it is my right to refuse them, which I then need to explain to avoid conflict.
The next time a security guard asks to check in my bag I am going to say no and keep walking without giving a law lecture.
I am predicting an occasion where one is going to grab me, and I will respond by hitting him in the face.
Would this be illegal for me to do so seing the security guard did not have the right to grab me?
Security guards only have the right to hold someone if they saw a theif conceal something and then walk out without paying.
Say just out of bad luck the Police where outside the store at the time I hit the security guard and walked out of the store; and the Police held me,
could I be charged for assult?
1. He did not have the right to try and hold me.
2. He did not have the right to touch me.
As a security guard would have the right to hold me if he or she saw me put conceal something my bag; when a search by the Police shows I didn't take
anything, then this point of reason for holding me (assuming the security guard lies in an attempt to excuse him grabbing me) is invalid?
Seing the security guard did not have the right to grab me, then I could claim I attacked in self-defence?
Does this sound right?
[edit on 7-9-2008 by Nikolas]