I was shopping in a department store with my daughter last week and when we tried to leave a security guard approached us and asked to search our bags. He was very intimidating so we agreed to the search but I’ve been most upset about it ever since. What are my legal rights if this happens again?
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Answer by LegalEagle™ staff, Forbes 2871 NSW
- In order to conduct a bag search shops must display signs at the entrance to their premises informing customers that bag checks are a condition of entry to the store.
- When undertaking a bag check staff are not permitted to touch any of the property. They may only undertake a visual inspection of the bag.
- Customers can refuse to have their bags checked although if staff have reasonable grounds for believing you have committed a theft they may be able to detain you and call the police.
- If staff undertake a forcible bag search they may have committed an assault.