Setting off alarms, security and etc (canada)
THIS IS A LONG ASS POST SO HOLD ON TO YOUR SEATS
this is taken from a forum
http://forums.redflagdeals.com/publicly-humiliated-falsely-accused-traumatized-sdm-staff-1169496/
“ walking through the mall to leave a security person grabbed me from behindand accused me of shoplifting and began forcing me back to the store. I asked him to let go of me and reluctantly he did while threatening me not to run.When I got back to the store another huge imposing man approached me and saidthey were going to search me. I was feeling humiliated as I was already grabbedin the mall in front of others and now I was being searched at a cash registerin front of everybody and also right in front of the huge glass window into themall. I requested to be taken somewhere private and was refused. Aftersearching me it was determined that the item I had purchased still had thedevice (?) or whatever on it that set off the alarm.” ( Shoppers drug mart at393 Portage Place Winnipeg Manitoba on April 19 2012)
“ I once went to Rexall, and I walked in through the theft detectors while someone else was walking out at the same time. The alarm went off and the security guard took off after the poor guy. (It turns out that I was the one who had set off the alarm as the cashier at SDM-of all places!-had not deactivated the security tag that was on the product that I bought. For some reason though, it didn’t set off the alarm at SDM, but set off the alarm at Rexall). Anyways, the security guard forced the poor guy to come back into the store and accused him of theft. The guy raised a screaming fit (as he should have) and told him that he was going to sue him and the store for a false arrest. The security guard backed down and was apologizing profusely. When I left the store, the alarm went off again, but I guess the security guard was so spooked by then, he didn’t even bother chasing me down.” (taken place in rexall)
just to mention a few things.
1) You ARE legally allowed to refuse to be searched like that. (Exception is with police IF you are already under arrest)
2) They cannot forcibly detain you (ex: block your way - that’s deemed to be a false arrest)
3) They can only legally confront you and have you arrested IF they saw you do something. The alarms at the store entrances/exits are merely a deterrent. They do not serve as legal evidence. If however, a camera recorded such an event, then that would be considered as them witnessing you do that.
All in all, violation of criminal code (I think that’s where it’s listed) as a false arrest
http://forums.redflagdeals.com/daughter-caught-shoplifting-looking-advice-1457552/
“ My 16 years old daughter was caught shoplifting with her friend in The Bay at Erin Mills Mall, Mississauga
last Friday. They took a few items totalling maybe $200.”
Unfortunately they will have a criminal record, unless your lawyer can work something out. Which will impact their ability to get entry level employment, until she turns 18 (as she will be covered under the Young Offenders Act). As most kids who are 18 will start to work retail or in the food services industry to get customer service and team work experience (which definitely helps for office jobs in the future)
All criminal record for crimes committed under the age of 18 (unless tried as an adult and convicted of an adult crime) is sealed under what used to be called Young Offenders Act, now replaced by the Youth Criminal Justice Act. Youth criminal records cannot be viewed by anyone other than criminal justice officials and only within particular time frames from the offense. They will never show up in any simple background or police criminal record check (such as those required for employment).
avoid department stores that specially hire loss prevention. ie sears, the bay, walmart. but seriously, take it to court and it’ll get dropped to some community service hours
http://forums.redflagdeals.com/caught-shoplifting-cant-afford-pay-fines-1143635/
“I had a “bad” experience with the bay when I was a student. I was browsing some dress shirts and from no where a big guy wearing a suit grabs my collar from behind. It turned out he was security trying to check the brand behind my collar. Apparently people started to change into the shirts and walk out. Kinda pissed when I think about it.”
http://forums.redflagdeals.com/when-suspected-shoplifting-what-can-mall-security-do-you-914117/
“I walked out and a guy stopped me. Apparently, they`re not allowed to do that unless they were making an arrest. They didnt see me take anything and only assumed it. My friends told me I should have said “F*** you!” and just ran…cuz if they did anything after to stop me that it would have been illegal..”
“They can detain you. They cannot search you or your bags. That’s a job for the police. Also, if you’ve been found [B]not[/B] to have stolen anything, you can charge the store for unlawful detainment.”
Section 494 Criminal Code
Arrest without Warrant and Release from Custody
[QUOTE]Arrest without warrant by any person
494. (1) Any one may arrest without warrant
(a) a person whom he finds committing an indictable offence; or
(b) a person who, on reasonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.
Arrest by owner, etc., of property
(2) Any one who is
(a) the owner or a person in lawful possession of property, or
(b) a person authorized by the owner or by a person in lawful possession of property,
may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.
Delivery to peace officer
(3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.
R.S., c. C-34, s. 449; R.S., c. 2(2nd Supp.), s. 5
here is my insight on this issue:
i was a security guard at jane & finch mall a while back and was trained to follow these protocols:
in order to make an effective arrest, you must:
1. observe the shoplifter take the item(s) off the shelf or display
2. conceil it (i.e. in a pocket)
3. walk out of the store showing no reason to pay for it
now the arrest is warranted
should the shoplifter not conceil it (keep it in his/her hand which is visable to others), the security guard must demand the shoplifter to put the item(s) back. should the shoplifter ignore the request, an arrest for shoplifting is now warranted.
if the security guard fails to observe 1 or more of the steps (i.e. fail to see the shoplifter take the item off the shelf), then an arrest was strongly not recommended due to the fear of a false arrest which may have reprecussions. an example of that was when we arrested a teen for stealing a flashlight. when we searched him, we found a pack of batteries. because we did not see him take it off the shelf, we could not confiscate it from him.
security guards CAN and will search you in the event of an arrest. they do not have any special powers. they have the same powers as a citizen utilizing section 494 of the criminal code, which is rarely used by citizens due to the lack of knowledge.
what happened at lucky moose supermarket was that the owner did not follow the proper procedures to make a citizens arrest, hence, he was arrested for forcable confinement. my input on that is if you dont know how to make an arrest, DON’T!
a common tactic that we always used to deter theft is to essentially stock a suspected shoplifter, meaning following them wherever they go, and perhaps approach them and say this common phrase: “you look a bit lost. can i help you with anything?” by doing that, you have shown the suspected shoplifter that you acknowledge their suspicious behaviour, therefore if they did plan to steal something, chances are they won’t anymore. also it gets your actions noticed without calling them a shoplifter (a rather polite way to say “i’m watching you).
https://ca.answers.yahoo.com/question/index?qid=20080815002242AAMpiQ7
- No criminal record as long as a charitable donation is made
- No criminal record as long as community service hours are done (sometimes a theft counselling course)
- An “Absolute Discharge” = plea of guilty but no criminal record of conviction
- A Conditional Discharge = a plea of guilty with no criminal record (a record may show at the US border however may not necessarily affect your ability to travel.
OH MY GOD GUYS THERE’S LITERALLY A SITE WHERE PEOPLE POST SHOPLIFTING ARCHIEVE<br>http://crimestoppers.ca/tag/shoplifting/<br>there are literally photos up and some people ARE IDENTIFIED, its so fucking scary because some incidents happened near me
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