Law related question

Hi,


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]

My advice would be to contact a lawyer, someone who is licensed and legally qualified to give you legal advice!

Cheers!!!

Talk to a lawyer.

Laws in every country are very different, and local ordinances can cause things to change (it's illegal to sell liquor in some areas of Dallas but not in others... to give you an example local to me.)

Here in the US (if we're talking about a store) they wouldn't grab you -- but they do have other measures they can take. Talk to a local lawyer.

My husband does this, but I think it's very rude. The poor security guy is just trying to hold down a job and if he doesn't do his job (check the bag) then his tail gets fired. It's gotta be stressful to the ones who hold those jobs.

So *I* take the bag and let the guy check it. 5 seconds of my time and of his time and the bag gets checked, the poor minimum wager doesn't get into trouble and isn't given stress over trying to comply with the terms of his job and someone who's bent on being rude to him. Hubby marches through, not stopped, head high, and I'm afraid with a rather arrogant attitude.

If you haven't stolen anything then why bother???

It would only seem like your trying to hide something.

[edit on 7-9-2008 by Chukkles]

It is the principal of privacy.

i dont know how it would be in your country but i can tell you how the law is in my country. i am nearly a finished lawyer, so i know something about such cases which are probably similar handeld in different countrys.
so here you would be absolutely right: it is not allowed to force someone to look in their bag if the shop-owner or security guard has no evidence that this person might have stolen something. if he touches you, which would be a constraint (unfortunately i dont know the proper law words in english) you would be allowed to defend you. but be careful: here the judges and lawyers verify if your defense was adequate compared to the attack towards you.
so if the security guard just touched you and you break his nose, then you would be guilty for assault.

hope could help you a little.