09-06-2007, 06:36 PM
Quote:I still have not seen anyone posting about the situation in US regarding the legalness of such a policy. That is, can anyone search another person and belongings depending on the circumstances? For example, in Sweden, only the police is ever allowed to make a search of another person or their belongings (and then only if there is at least some supsicion of some wrongdoing). No one else is allowed to. Anyone knows?
I'm not a lawyer and I doubt that the question has a simple answer. At the hub where I work, I cannot bring a thermos in or out without someone opening it up to check that it is just a drink. If the metal detectors go off, they ask you to empty your pockets and use a wand-style metal detector. There are no police, just private security personnel. I'm sure those policies are voluntary, but if I don't agree to the company's security policies I surely would not be able to keep my job.
In my mind, the more compelling issue is under what circumstances (if any) the store has the right to detain someone suspected of theft until the police arrive. That is really the teeth of the issue. Without that right, anyone can just leave the store like this guy did. So then the search would be moot, because refusing the search would not be sufficient evidence for the store to press charges. But if the store (or a private citizen for that matter) has the right to protect its own property, then how far those rights extend is really the issue here.