Can they search your bags at 14 and not have a cop there.?

Question

my girl just went to the store. they go there for passisng time. before they left, they were asked what they took.. same lady that accused my daughters friend of stealing before. my girl said nothing. she said she going to call the police. they said ok., then she took my girls friends bag and searched it. she grabed the bag and dumbed it out for her. she said she knows she took somthing , she seems empyt soda and said you did that. you are out of here. even with your mom. can they go through her bag without the cops being there? and accuse with no evidence or being taped when under age?they are 14 yrs old. my daughter was in line to buy gum and they left casue it was too long. they didnt leave the store when they came up to them either.

Answer 1

Legally they can only ask to search the bag, even a cop must have permission unless there is sufficiant evidence such as caught on store camera's. The store owner violated quite a few laws, she probibly yelled at them which is verbal assualt or harrassment, she forcefully took they're belongings which is mugging. The real challenge is prooving the clerk did such acts which would in turn need atleast 3 credible eye whitnesses or a video tape from the camera's. Sorry that happened that is a unfortunately common case of jack assness.

Answer 2

besides making no sense your question lacks any understanding of law. Anyone of any age is subject to search on private property.  Why didn't she call the police?

Answer 3

NO.

I have worked for Stores as a Loss Prevention Officer.

We cannot look into any of your personal belongings.

If it was a Store bag than yeah they could search it.

Deputy Explorer Gomez

Sacramento County Sheriff, RCPD

Answer 4

It depends on ALOT.

1.  She was on private property.  Certain circumstances would allow for store owners to detain the girls, and even, search them.

2.  Did your girls allow themselves to be searched?  By that I mean:

"Did you steal anything?"

"No!"

"Do you mind if I check?"

"Sure!"

that would be perfectly legal, regardless of circumstances.

Your girls SHOULD HAVE refused to give up their bags.  Resist the security if they tried to take it.  Have the girls stay in the store, and tell security to call the cops if they want to search it.  

- And you mentioned "before they left".  In order to be charged with shoplifting you must actually leave the store with a stolen item.  If you are caught before you leave the store, nothing can be done about it.  So even if they would have found a stolen item on the girls, the store owners could not charge them with shoplifting.

Answer 5

Yes, they can be searched.  The 4th amendment applies to government officials, not to private parties.  They do not need the cops to be there.  My advice would be to not go to that store anymore.

Answer 6

Nope, that's illegal no matter what age you are. They have to wait for the cops, they have no right to search someone's bag!

Only cops have the right to search bags. They were bullying her because she's a kid and they think they have the right...how sad.