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Security gaurds and searching

  • 28-11-2008 2:23am
    #1
    IRISH RAIL
    Closed Accounts Posts: 1,097 ✭✭✭


    can anyone tell me what the rights of security gaurds are regaurding searchng peoples bags, say in a few scenarios
    1 where you are a staff member and its in your contract that they can search your belongings.

    2 where you are in a shop and they suspect you of stealing.

    3 can they detain you ? also how far can they go to detain you ie restraining.


Comments

  • #2
    McCrack
    Registered Users, Registered Users 2 Posts: 2,983 ✭✭✭McCrack


    1. Consent is needed, cant force a search, if consent in not forthcoming the staff member has breached a condition of their employment and liable to disciplinary action.

    2. May arrest and detain, no right of search unless arrested person gives their consent.

    3. If committed a theft or other arrestable offence any person (me, you or a security gaurd) may detain (arrest) another for the purposes of handing them over to a member of the Garda. Reasonable force may be used (if necessary) to effect the arrest.


  • #3
    CantGetNoSleep
    Registered Users, Registered Users 2 Posts: 7,273 ✭✭✭CantGetNoSleep


    On points 2 and 3, does the security guard have to be certain that you have committed an arrestable offence?

    Take the scenario where the security guard suspects you of stealing, but you refuse to allow him to search your belongings, can he detain you then? What if it turns out you hadn't stolen?


  • #4
    McCrack
    Registered Users, Registered Users 2 Posts: 2,983 ✭✭✭McCrack


    Yes absolutely a private person can arrest another when that other has committed an arrestable offence, that private person must be 100% certain that the person has committed the offence otherwise he/she leaves themselves open to be sued for assault/battery/false imprisonment/defamation.

    Thats the difference between a private person and a public officer say a member of An Garda. A Garda can normally arrest on suspicion whereas a private person cant. Both are subject to the same restraint of reasonable force however.


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