"Open your purse, peeps." What can a guard in a store do by law?

[НСК-СБ]

"Open your purse, peeps." What can a guard in a store do by law?

Surely many were faced with a situation where a security guard at the exit from a point of sale asks to open a bag or even get and show some things. Sometimes a person may not be allowed into the store with things. On this occasion, last week in a hypermarket in Yekaterinburg even a fight occurred. Two young men attacked an employee of a private security company, who, accordingly, began to defend himself. So, does the store guard have the right to use force or require the buyer to show the bag?

Editorial response
Defense or attack
According to the law of the Russian Federation “On private detective and security activities in the Russian Federation”, the duties of employees of private security companies, in addition to the direct protection of objects and property, include protecting the life and health of citizens, including employees and visitors of the protected object, as well as ensuring order in venues mass events.

Private security personnel may use physical force, weapons, and special equipment (such as handcuffs or a rubber stick). However, such types of protection can be used only in exceptional cases: to repel a group or armed attack on protected property or to protect one’s own life and health. And for excess of official authority, employees of the private security companies are legally liable and may receive a real term. Therefore, the use of physical aggression should be justified.

“And if I find it”
Security guards cannot stop a person from entering a store with a bag or backpack. The law does not prohibit the buyer from being in the store with personal items. If you are not allowed into the store with a bag, this is an occasion to contact the police. Since it is the duty of the security guards to protect the property, for example, they can detain the buyer if they suspect him of theft. It is important that employees of the private security company may ask to show the bag, but the buyer has every right to refuse. And if the security guard has enough reasons to suspect the person of theft, for example, an alarm went off in the store, then he can detain the buyer until the police arrive. Only law enforcement officers can inspect things, while respecting the law (drawing up a protocol, having witnesses). The buyer can write a statement to the police if illegal searches of personal items have been made. In this case, the guard faces a punishment from both management and supervisory authorities.

“Employees of the private security company are legally entitled to carry out a visual inspection of the bag, of course by doing this as correctly and respectfully as possible with respect to citizens. In the event that the security guard suspected a person of theft and there are some reasons for this, he has the right to ask to open the bag or any item where the goods are stored. If it turns out that a person stole something, then a security officer can detain him until the police arrive. Only police officers can carry out a full inspection of the bag in the presence of witnesses, ”explains The official representative of the Main Directorate of the Ministry of Internal Affairs of Russia for the Sverdlovsk Region Valery Gorelykh. - If a person is suspected of theft, which he did not commit, then in this case you need to call the police and calmly wait for their arrival. Do not somehow provoke a guard or show aggression. "
"Open your purse, peeps." What can a guard in a store do by law?

 

[НСК-СБ]

What rights does the guard have?

April 26, 2019 | About everything
Each of us daily encounters employees of the private security company in shopping centers, shops, entertainment clubs or at work, if the access control mode is set. Many are annoyed by the requirements of the guard to present a bag for inspection or to show a certificate when passing the turnstile, believing that this violates their rights. What are the real powers of the guards and in what cases can they inspect you? We turned to a lawyer of a well-known security service provider for help. "Security World" .

Inspection and inspection - what is the difference?
Security actions are strictly regulated by law. First of all, their rights and obligations are reflected in the law "On Private Detective and Security Activities in the Russian Federation", in the internal orders of the protected enterprise, job descriptions. But they cannot violate the Constitution of the Russian Federation, other laws. The rights of PSC employees to ensure access and internal regime at a guarded enterprise are set forth in Section 12.1 of the Law on Private Detective and Security Activities.

The guard has the right to inspect the property brought in and taken out from the protected object, including bags. But only with the consent of the person being examined.

Inspection - This is a visual check of the property that is with the person. A PSC employee may ask you to show the contents of a bag, briefcase, pockets, but nothing more. The guard cannot touch anything that is being examined, much less climb into bags, pockets, and take anything out of them. Inspection after refusal to present things - abuse of authority.

If the Chopovets has reasonable suspicions of theft or has personally witnessed an offense, he calls the police or private security. Only police officers can conduct searches.

Search - This is a measure of enforcement. In this case, the police officer has the right to independently check the contents of your pockets, bags, etc. The rules of the search are set out in article 27.7 of the Code of Administrative Offenses (CAO RF). In the case of an inspection, a protocol is mandatory. Without it, the procedure is illegal. When viewed, paperwork is not required.

Workplace Screening
Access to your workplace may apply. His work is regulated by an internal order for the enterprise. In this case, the security has the right to require a pass from any employee or provide personal items for inspection. But the security cannot search and search. You can refuse the inspection. But in this case, you may be restricted in moving around the organization. The room you will leave. Return to the workplace is unlikely to succeed.

Protection rights for inspection are reflected in the employee’s employment contract with the employer. If there is an item about access control in the section with a description of the internal routine, complaints are useless. The employee himself signed the document, thereby agreeing with all the conditions of the employer.

At enterprises working with especially valuable or hazardous materials, a ban on the entry and removal of personal items into the control zone may apply. In this case, the staff is obliged to leave all things in special lockers, having changed into official clothes.

In addition to hand luggage, security can inspect cars and personal vehicles. It is also possible to use technical means of control: arched or hand-held metal detectors, introscopes and X-ray television equipment.

The rights of security guards in shops and shopping centers
You probably came across a situation where security guards at the exit of the store or the shopping center detained visitors. This did not necessarily happen to you, it may have happened to other visitors, but before their eyes. Does the protection of commercial enterprises have the right to inspect or detain citizens?

She can carry out inspection. But only with the consent of the person. As in the cases described above, the security guard may ask the person to show the check or contents of the bag. If the client agrees, then this is his decision, there will be no violation of the law. But at will, the guards do not have the right to inspect. Moreover, they can’t detain citizens even if the guards believe that he committed an unlawful act. This will already be an excess of their official duties.

If this happens, the visitor has the right to call the police or ask other customers to do so. In no case do not go anywhere with employees, even if security guards insist on it. Stay where you are until the police squad appears. Try to turn to witnesses of the incident - it will be easier to explain to law enforcement officers what exactly happened.

Now the trading floors of the store are everywhere equipped with video surveillance systems. If a person has not done anything, then this is his defense. But, in a place where video cameras are not installed, provocations are possible. They can discreetly toss something into their pockets.

If a citizen had a similar conflict with the guard, the officers threatened to call the police, but then agreed to let him go, then it’s better to call the police and wait for them. It is possible that later the security itself will cause them, while the fact that the person left will put him at fault.

Conclusion
Brief conclusions:

1. If the employment contract contains a clause on mandatory inspection, then there is no violation of the law.
2. In any other case, you can refuse the inspection without explanation.
3. Guard cannot detain citizens.
4. In any case, excesses of duties on the part of the security guard need to call the police.

What rights does the guard have?

 

[Alexander Konovalenko.]

Thanks for the good clarification stuff.