Can a store security guard take someone against their will to the back of the store to be searched?

Question

If they suspect shoplifting. What if the suspect doesn't want to go or wants a uniformed police officer or a lawyer? wouln't it be kidnaping to forcibly take someone in back?

Answer 1

No one can detain you except a policeman or states with citizens arrest laws. They can prohibit you from leaving the store by blocking the door if you touch them then they can do whatever they need to. (kick yo ***) but they can't lay hands on you first.

Answer 2

Yes they can! That's their job!

Answer 3

Smart guard lets the police do it and avoids any civil issues

Answer 4

Yes, and if you refuse then they are gonna keep you in the store until the cops arrive...then the cops will search you and if u resist them..then you go straight to jail....Now if the store guard stops you by himself and you are not too far from the door and you know that you are guilty...I would take off !!

Answer 5

No they cannot. They can hold you until police arrive, but that's it.

Answer 6

In the u.s., every state lets a citizen use reasonable force to detain someone for the police when they have probable cause to believe the suspect has committed a crime in their presence.  If they act unlawfully, by acting without cause or by using excessive force, there is grounds for a civil suit for damages, but that possibility doesn't mean that every detention is necessarily unlawful.  

Answer 7

Can they, yes. is it lawful. Yes if you submit to the restraint. If I was asked by the store to come to the back room I would ask if i was beeing detained or arrested..await a answer and walk out the door. If the cops come to get me and I didnt do anything, I would sue for false arrest.

Remember a store is a private commercial interest they have no arrest powers any greater than you or I.  

Answer 8

No if you are a suspect they can take you. If you are a woman you have the right to have a woman in the room and doing the search. Otherwise no one would ever get caught.

Answer 9

Private security guards in retail stores do NOT have the legal authority to place their hands on you, search you or detain you without your consent, despite what some answerers have written.

About all they're good for is intimidating suspects and notifying the police.

Answer 10

The point is if your not guilty you don't care. But if accused I wouldn't let anyone but a fully uniformed police officer search me. The worlds full of too many odd balls