Attacked by security guard - police blaming me!

Attacked by security guard - police blaming me!

Author
Discussion

milkround

Original Poster:

1,122 posts

80 months

Monday 22nd April 2019
quotequote all
Dromedary66 said:
milkround said:
2. What if I had a learning difficulty and I responded to fear by running away?
Wait... you mean to say that you don't?
No comment. smile

kestral

1,740 posts

208 months

Monday 22nd April 2019
quotequote all
milkround said:
Is there really a need for that? Would you say that to a persons face in real life?

If as you say he did see my get a receipt he'd have known it was in a pan and told me this. If he saw me get a receipt he'd also know I'd paid for my shopping and should have not bothered me.

I'm still not convinced reasonable cause covers members of the public. Police yes. It's explicitly set out. Normal member of the public I think they have to absolutely know an offence has been committed. I'm not going to go around in circles arguing about that. I'm a truck driver and not a lawyer. If I'm wrong in that believe I can live with my ignorance.

Hope everyone is having fun in the sun and enjoying life. smile
Look on this page at 19:55 it show the ruling in Sowande v CPS 2017.

Quote "In contrast with the position under Sec 24A(1)(B) where there are no opening words to require that an indictable offence has been committed"

https://books.google.co.uk/books?id=qhFQDwAAQBAJ&a...

milkround

Original Poster:

1,122 posts

80 months

Monday 22nd April 2019
quotequote all
kestral said:
Look on this page at 19:55 it show the ruling in Sowande v CPS 2017.

Quote "In contrast with the position under Sec 24A(1)(B) where there are no opening words to require that an indictable offence has been committed"

https://books.google.co.uk/books?id=qhFQDwAAQBAJ&a...
That's very interesting. But it stills begs the question of when you go from being in the act of committing an offence (or suspected of doing so), to when is the act complete?

Let's assume it's alleged I stole something (which is categorically not the case and the PC herself has said so explicitly). I'd have committed the offence as soon as I took it with no intention of paying for it.

Now let's take this one step further. At the doors, I'm already guilty if I've taken something with no intention of paying for it and will keep it. Proving it might be another story. But the offence is complete in a legal sense.

If I was in the act of stealing then I wouldn't be guilty of it... It's very black and white in the law. As soon as you pick it up and don't intend on paying you are guilty. It's not really an offence you can be 'in the act' of doing. I'd argue that something like an assault is more relevant here etc. With a man continuing to beat another.




OzzyR1

5,735 posts

233 months

Monday 22nd April 2019
quotequote all
I was stopped by a security guard just after I stepped outside the door at one of the big supermarkets a couple of years back.

Had also used a self-service till and declined a receipt so he had a quick look in my bag and asked if I would come back inside so he could do some checks. Went back in, pointed out the till I'd used and one of the staff pulled up my purchases on the system.

Was then asked if I had anything else "on me", to which I said no. He then asked if I could take off my jacket so he could pat it down. Did as he asked and went on my way with his apologies and a £5 gift card that the other member of staff (who was called in to get the till details) gave me as a goodwill gesture.

After it was sorted out, I asked why I was stopped. The reason was I'd gone in there to get a bottle of Jack Daniels for someones birthday so headed straight for the booze aisle and popped that in the basket. Then went on to do a bit more shopping and walked past the guard a couple of times with just a bottle of JD in my basket (couldn't decide what to eat!!).

Ended up calling my wife in the shop to ask what she wanted for dinner, mentioned I'd got the JD and she reminded me that we already had a couple of bottles in a cupboard at home that people had given us as gifts (neither of us drink the stuff). Put the bottle back on the correct shelf, got some other bits and went to the check-out.

As the tills were right in front of the security place, he saw that I'd not scanned the bottle so thought I might have pocketed it. The alcohol aisle was at the other end of the shop so he couldn't have seen me put it back.

Fair play to him - he was doing his job and it was only a couple of minutes out of my life to clear up the confusion.

Everyone makes mistakes, can't see the need for so much drama but each to their own.



Edited by OzzyR1 on Monday 22 April 23:04

Coilspring

577 posts

64 months

Monday 22nd April 2019
quotequote all
Good comment above.

I have been to supermarkets countless times and never been stopped by anybody.

The question has to be asked, why was the OP stopped? Just because he wanted an argument with somebody, or he felt there was sufficient reason to do so. And that person is then not interested in trying to sort the issue out, just adds more suspicion to the event. A few seconds of reasoned discussion would have solved the issue.

There is another side to the story, obviously.

numtumfutunch

4,729 posts

139 months

Monday 22nd April 2019
quotequote all
OzzyR1 said:
I was stopped by a security guard just after I stepped outside the door at one of the big supermarkets a couple of years back.

Had also used a self-service till and declined a receipt so he had a quick look in my bag and asked if I would come back inside so he could do some checks. Went back in, pointed out the till I'd used and one of the staff pulled up my purchases on the system.

Was then asked if I had anything else "on me", to which I said no. He then asked if I could take off my jacket so he could pat it down. Did as he asked and went on my way with his apologies and a £5 gift card that the other member of staff (who was called in to get the till details) gave me as a goodwill gesture.

After it was sorted out, I asked why I was stopped. The reason was I'd gone in there to get a bottle of Jack Daniels for someones birthday so headed straight for the booze aisle and popped that in the basket. Then went on to do a bit more shopping and walked past the guard a couple of times with just a bottle of JD in my basket (couldn't decide what to eat!!).

Ended up calling my wife in the shop to ask what she wanted for dinner, mentioned I'd got the JD and she reminded me that we already had a couple of bottles in a cupboard at home that people had given us as gifts (neither of us drink the stuff). Put the bottle back on the correct shelf, got some other bits and went to the check-out.

As the tills were right in front of the security place, he saw that I'd not scanned the bottle so thought I might have pocketed it. The alcohol aisle was at the other end of the shop so he couldn't have seen me put it back.

Fair play to him - he was doing his job and it was only a couple of minutes out of my life to clear up the confusion.

Everyone makes mistakes, can't see the need for so much drama but each to their own.



Edited by OzzyR1 on Monday 22 April 23:04
And on the other hand he hadnt actually seen you stuff the JD down your pants and so the assumption is he thought you were a thief.
The outcome here could easily have been similar to the OP on this thread on another day

If shops employed less security guards and more checkout staff this kind of scenario wouldnt happen

Yes, Im being tetchy but isnt the onus on them to prove you have stolen something before challenging you??

Cheers

OzzyR1

5,735 posts

233 months

Tuesday 23rd April 2019
quotequote all
numtumfutunch said:
OzzyR1 said:
I was stopped by a security guard just after I stepped outside the door at one of the big supermarkets a couple of years back.

Had also used a self-service till and declined a receipt so he had a quick look in my bag and asked if I would come back inside so he could do some checks. Went back in, pointed out the till I'd used and one of the staff pulled up my purchases on the system.

Was then asked if I had anything else "on me", to which I said no. He then asked if I could take off my jacket so he could pat it down. Did as he asked and went on my way with his apologies and a £5 gift card that the other member of staff (who was called in to get the till details) gave me as a goodwill gesture.

After it was sorted out, I asked why I was stopped. The reason was I'd gone in there to get a bottle of Jack Daniels for someones birthday so headed straight for the booze aisle and popped that in the basket. Then went on to do a bit more shopping and walked past the guard a couple of times with just a bottle of JD in my basket (couldn't decide what to eat!!).

Ended up calling my wife in the shop to ask what she wanted for dinner, mentioned I'd got the JD and she reminded me that we already had a couple of bottles in a cupboard at home that people had given us as gifts (neither of us drink the stuff). Put the bottle back on the correct shelf, got some other bits and went to the check-out.

As the tills were right in front of the security place, he saw that I'd not scanned the bottle so thought I might have pocketed it. The alcohol aisle was at the other end of the shop so he couldn't have seen me put it back.

Fair play to him - he was doing his job and it was only a couple of minutes out of my life to clear up the confusion.

Everyone makes mistakes, can't see the need for so much drama but each to their own.



Edited by OzzyR1 on Monday 22 April 23:04
And on the other hand he hadnt actually seen you stuff the JD down your pants and so the assumption is he thought you were a thief.
The outcome here could easily have been similar to the OP on this thread on another day

If shops employed less security guards and more checkout staff this kind of scenario wouldnt happen

Yes, Im being tetchy but isnt the onus on them to prove you have stolen something before challenging you??

Cheers
He thought I was nicking something - hence him stopping me. He made an assumption on his judgement and assessment of a situation which was incorrect in this instance.

Not sure how employing more check-out staff and/or less security would help...

On your last point, how could they "prove" someone has stolen from a shop before challenging them? Genuinely curious to know what you think.

Graveworm

8,496 posts

72 months

Tuesday 23rd April 2019
quotequote all
milkround said:
That's very interesting. But it stills begs the question of when you go from being in the act of committing an offence (or suspected of doing so), to when is the act complete?

Let's assume it's alleged I stole something (which is categorically not the case and the PC herself has said so explicitly). I'd have committed the offence as soon as I took it with no intention of paying for it.

Now let's take this one step further. At the doors, I'm already guilty if I've taken something with no intention of paying for it and will keep it. Proving it might be another story. But the offence is complete in a legal sense.

If I was in the act of stealing then I wouldn't be guilty of it... It's very black and white in the law. As soon as you pick it up and don't intend on paying you are guilty. It's not really an offence you can be 'in the act' of doing..
You could have committed the offence or other offences at numerous stages including once you got home depending on the circumstances. Just because all the elements may exist at a certain point doesn't mean they don't exist over a period of time. Sowande was a shoplifting not an assault, the person was suspected to have taken something, the arrest did take place after that. It was an arrest whilst committing. Not the same as an arrest at the first point they are guilty of the offence.
Since you didn't steal anything, all that matters is whether at the time the security guard reasonably suspected you were stealing. Given that they let your partner go once they saw a receipt, that might be an indication that they did and why it's not about theft anymore.

Edited by Graveworm on Tuesday 23 April 01:22

milkround

Original Poster:

1,122 posts

80 months

Tuesday 23rd April 2019
quotequote all
OzzyR1 said:
numtumfutunch said:
OzzyR1 said:
I was stopped by a security guard just after I stepped outside the door at one of the big supermarkets a couple of years back.

Had also used a self-service till and declined a receipt so he had a quick look in my bag and asked if I would come back inside so he could do some checks. Went back in, pointed out the till I'd used and one of the staff pulled up my purchases on the system.

Was then asked if I had anything else "on me", to which I said no. He then asked if I could take off my jacket so he could pat it down. Did as he asked and went on my way with his apologies and a £5 gift card that the other member of staff (who was called in to get the till details) gave me as a goodwill gesture.

After it was sorted out, I asked why I was stopped. The reason was I'd gone in there to get a bottle of Jack Daniels for someones birthday so headed straight for the booze aisle and popped that in the basket. Then went on to do a bit more shopping and walked past the guard a couple of times with just a bottle of JD in my basket (couldn't decide what to eat!!).

Ended up calling my wife in the shop to ask what she wanted for dinner, mentioned I'd got the JD and she reminded me that we already had a couple of bottles in a cupboard at home that people had given us as gifts (neither of us drink the stuff). Put the bottle back on the correct shelf, got some other bits and went to the check-out.

As the tills were right in front of the security place, he saw that I'd not scanned the bottle so thought I might have pocketed it. The alcohol aisle was at the other end of the shop so he couldn't have seen me put it back.

Fair play to him - he was doing his job and it was only a couple of minutes out of my life to clear up the confusion.

Everyone makes mistakes, can't see the need for so much drama but each to their own.



Edited by OzzyR1 on Monday 22 April 23:04
And on the other hand he hadnt actually seen you stuff the JD down your pants and so the assumption is he thought you were a thief.
The outcome here could easily have been similar to the OP on this thread on another day

If shops employed less security guards and more checkout staff this kind of scenario wouldnt happen

Yes, Im being tetchy but isnt the onus on them to prove you have stolen something before challenging you??

Cheers
He thought I was nicking something - hence him stopping me. He made an assumption on his judgement and assessment of a situation which was incorrect in this instance.

Not sure how employing more check-out staff and/or less security would help...

On your last point, how could they "prove" someone has stolen from a shop before challenging them? Genuinely curious to know what you think.
Ozzy - I'd rather show you I am a normal man. So my name is Sam. I'm 29 and I really enjoy working on crappy cars and recently have gotten into bikes. I was in the Army for a while - was a sapper and was not the best Soldier. But I was not the worst either. Recently I've been working on my 57 plate megane 1.6 vvt convertible, have sorted the window that didn't work, the handbrake that was dodgy and even improved acceleration with some new sparks. Loads still to do.

Now I have a bit of expertise on supermarkets. Let me explain. I've worked via agency long(ish) term for both the orange one and the blue one. As not to BS anyone Orange one is J Sainsburys and Blue one is Tescos. I'm a semi-expert in the logistics side of things I feel. The companies don't really care about a bit of loss. I can say this as I've been physically hurt by both with stuff falling all over me and smashing in the back of the trailer. As JS it was generally fresh goods. At Tesco it's mainly 'dry goods' that do this - that's an industry term for anything in supermarket terms than doesn't involve a fridge trailer.


Now at the 'blue one,' it's really really common to get a trailer from another DC (distribution centre) full of not chilled goods like booze etc and it's so shockingly packed than a signigicant amount both is damaged and damages you. Think a crate of gin smashing on your head. When I first experienced this I used loads of foul words. I was told by backdoor staff (those who help us unload) it's totally normal etc.


Now I'm not a thief. And if I were I'd set my sights a lot higher than shoplifting. Especially as I carry huge amounts of high-value loads regularly. But... if the value of the products is so low to the companies that they let them be smashed to bits - why is my time worth any less???

Let me make this clear. They do not make sure all that stuff is safe for transit because it saves them money. But expect blokes like you, to allow people to pat you down in case you stole it. They have no respect for yoour time or dignity. And that's okay if you are cool with it. But everyone does not have to be. And you are not a criminal if you say you don't wanna engage with their BS.


For what it's worth this is all BS. I'd be more reasonable suspicion when I drove back to the DC with stuff I couldn't deliver as they had no fridge space.The police are a bit of a joke and I don't think much more of the company if I'm honest.



DJP

1,198 posts

180 months

Tuesday 23rd April 2019
quotequote all
Smiljan said:
Or none of it actually happened scratchchin

Always amazes me how some people can (improbably) get themselves into so much trouble over nothing. I mean wrestling with a security guard, punching him in the face and then driving home to escape is seemingly normal behaviour at the supermarket for some people when asked for a receipt for their shopping.

Totally bizarre (or totally made up). rotate
That^^.

I got stopped by security a few weeks ago. Turns out the checkout girl forget to remove the security tag from one of my items.

Strangely, I neglected to attack the security guard. Or even fall to the floor screeching about my rights.

Nope, I just showed my receipt, they removed the offending tag and I got on with my day.

I know, call me a weirdo.

Exige77

6,518 posts

192 months

Tuesday 23rd April 2019
quotequote all
I / We always get a receipt and keep it until I /We get home. Just seems common sense.

I have no intention to steal anything but many do so completely understand why you might be challenged.

If you are challenged, just show your receipt and you are on your way.

I’ve only been asked once in 40 years and that was in the Blue shop when we had a large screen TV in the trolly.

I don’t take it personally.

I spend 50% of my time flying. I’m not a terrorist but get challenged at every airport every time having to prove who I am, that I have all necessary documents and am not carrying any dangerous or forbidden products or contraband.

This is life in the 21st Century.

The OP has caused himself a lot of stress for nothing. There will be many battles to fight as you go through life. Better to choose the important ones and not get bogged down in the petty ones.

I wish OP well but feel this whole episode could have been easily avoided.

Look forward to seeing the CCTV to get the full story.

hutchst

3,706 posts

97 months

Tuesday 23rd April 2019
quotequote all
milkround said:
That's very interesting. But it stills begs the question of when you go from being in the act of committing an offence (or suspected of doing so), to when is the act complete?

Let's assume it's alleged I stole something (which is categorically not the case and the PC herself has said so explicitly). I'd have committed the offence as soon as I took it with no intention of paying for it.

Now let's take this one step further. At the doors, I'm already guilty if I've taken something with no intention of paying for it and will keep it. Proving it might be another story. But the offence is complete in a legal sense.

If I was in the act of stealing then I wouldn't be guilty of it... It's very black and white in the law. As soon as you pick it up and don't intend on paying you are guilty. It's not really an offence you can be 'in the act' of doing. I'd argue that something like an assault is more relevant here etc. With a man continuing to beat another.
Let me try one last time. The law may be black and white, but it needs to be interpreted by people with years of training and experience of how to interpret it properly. You can't do it with a couple of folders full of googletrash.

You haven't been warned of a theft charge, you've been forewarned that you might be charged with assault. The two are completely different, and you are still conflating them. If you find yourself in court on an assault charge, that court will not be interested in whether you committed a theft (although a different court at a different time might be) or not. It will be interested in whether there were reasonable grounds for the security guard to believe that you were committing an indictable offence. (Note: the critical fact is what the guard reasonably believed, not what you had or had not done). If the court finds that he did have reasonable grounds, then he had a lawful right to detain you, and to use reasonable force to do so. If the court finds that the force used by the guard to detain you was reasonable in the circumstances, then your attack on him was likely to be an assault.

Keep it in your mind that Mr. Sowande (referred earlier) was not convicted of theft. He was convicted of assault, because he assaulted two security guards that tried to use reasonable force to detain him while he was attempting to get away from the scene through a shopping centre. He, like you, had already left the shop when the fracas took place.

One last time from me - go and get proper legal advice. We get it that your job is on the line. You need somebody experienced enough to help you find a solution that doesn't involve having to inform your de facto employers that you've been banned from one of their stores that you need to visit in the course of your duties, or worse still, been convicted of assaulting one of their employees.

FiF

44,120 posts

252 months

Tuesday 23rd April 2019
quotequote all
Exige77 said:
I / We always get a receipt and keep it until I /We get home. Just seems common sense.

I have no intention to steal anything but many do so completely understand why you might be challenged.

If you are challenged, just show your receipt and you are on your way.

I’ve only been asked once in 40 years and that was in the Blue shop when we had a large screen TV in the trolly.

I don’t take it personally.
The
I spend 50% of my time flying. I’m not a terrorist but get challenged at every airport every time having to prove who I am, that I have all necessary documents and am not carrying any dangerous or forbidden products or contraband.

This is life in the 21st Century.

The OP has caused himself a lot of stress for nothing. There will be many battles to fight as you go through life. Better to choose the important ones and not get bogged down in the petty ones.

I wish OP well but feel this whole episode could have been easily avoided.

Look forward to seeing the CCTV to get the full story.
I agree with all this, as before the best fights are the ones you don't have because they're unimportant or maybe because you're really never going to win.

However I'm not convinced that having got to a position the police are handling it properly and simply looking for a quick resolution. They may be doing their version of not having a fight, who knows.

Therefore usual caveat, one side only etc, as far as OP concerned this may well be a fight worth having.

I also wish him well.

768

13,702 posts

97 months

Tuesday 23rd April 2019
quotequote all
I wonder what the hit rate, err, as in success rate, of these security guards is.

I guess people aren't likely to admit being caught but at the moment it doesn't sound like they do much other than delay or wind up customers.

The Mad Monk

10,474 posts

118 months

Tuesday 23rd April 2019
quotequote all
768 said:
I wonder what the hit rate, err, as in success rate, of these security guards is.

I guess people aren't likely to admit being caught but at the moment it doesn't sound like they do much other than delay or wind up customers.
Have you considered the deterrent effect?

vonhosen

40,240 posts

218 months

Tuesday 23rd April 2019
quotequote all
OP

I don't really hold with the 'I wouldn't nick an old Fiesta at the store because if I wanted to I could nick a new Ferrari at the DC' as much of an argument.

limpsfield

5,887 posts

254 months

Tuesday 23rd April 2019
quotequote all
I think the OP is liking this attention.

I am not sure why so much was written above about his own supermarket experience- does anyone care? - but for me it all feeds back to enjoying being the centre of attention for a few minutes in what sounds, like many of us, a pretty mundane life so far.

anonymous-user

55 months

Tuesday 23rd April 2019
quotequote all
limpsfield said:
I think the OP is liking this attention.

I am not sure why so much was written above about his own supermarket experience- does anyone care? - but for me it all feeds back to enjoying being the centre of attention for a few minutes in what sounds, like many of us, a pretty mundane life so far.
Yep, seeing his earlier verbose post made me instantly think ‘attention we’. He’s got issues of some kind, that’s for sure.

I really need to get on my PC now and remove this thread from my watch list (unless anyone knows how to do it on a phone)?

The Mad Monk

10,474 posts

118 months

Tuesday 23rd April 2019
quotequote all
limpsfield said:
I think the OP is liking this attention.

I am not sure why so much was written above about his own supermarket experience- does anyone care? - but for me it all feeds back to enjoying being the centre of attention for a few minutes in what sounds, like many of us, a pretty mundane life so far.
Well, he certainly keeps coming back with more and more posts, without actually telling us anything new.

I do wonder whether it is a load of make believe?

768

13,702 posts

97 months

Tuesday 23rd April 2019
quotequote all
The Mad Monk said:
768 said:
I wonder what the hit rate, err, as in success rate, of these security guards is.

I guess people aren't likely to admit being caught but at the moment it doesn't sound like they do much other than delay or wind up customers.
Have you considered the deterrent effect?
Yes. That's far more difficult to measure though.