Store Bag Searches and My Rights in Canberra?

bguy 28 February 2012 62

Today after while leaving Supabarn I was approached by a security guard who asked to look in my bag. I agreed and opened the bag. He spotted a packet of seeds that I had bought from another store and tried to take them. I withdrew my bag and asked him if he was sure he was allowed to touch my things. I then showed him the relevant receipt and he was satisfied. While I was walking away he told me that he was allowed to touch “merchandise”.

I’m pretty sure that he doesn’t have any right to touch anything in my bag, and I have no obligation so submit to the search.

Can anyone help clear this up for me?


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62 Responses to Store Bag Searches and My Rights in Canberra?
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cantdance cantdance 9:25 pm 01 Mar 12

Shopping online is great for those who don’t like anyone peering in their bags. Personally I don’t have an issue with it, they can look all they like.

Erg0 Erg0 10:30 am 01 Mar 12

Captain RAAF said :

ok, I have been informed that it falls under contract law whereby the supermarket has implied consent by placing them in an open fridge and cooled them for your consumption. So if you have duly considered the offer you can ‘agree’ to take one and consume it.

So I don’t think you can walk out with it but can drink it, free of charge, in the store.

Any contract law experts out there?

I’m no contract law expert, but I’m guessing that by displaying a price per unit on the drinks cabinet the supermarket has made it pretty clear that they’re not giving “implied consent” for you to drink their merchandise without paying.

dtc dtc 10:24 am 01 Mar 12

Captain RAAF said :

ok, I have been informed that it falls under contract law whereby the supermarket has implied consent by placing them in an open fridge and cooled them for your consumption. So if you have duly considered the offer you can ‘agree’ to take one and consume it.

So I don’t think you can walk out with it but can drink it, free of charge, in the store.

Any contract law experts out there?

I’m not sure how you can argue that by placing a drink in a fridge the store has ‘implied’ any sort of offer that involves you being able to drink it free of charge. I’m pretty sure the fact that the drink has a price tag on it expressly states an offer, being ‘you can drink this if you pay this price’.

HenryBG HenryBG 10:19 am 01 Mar 12

Captain RAAF said :

buzz819 said :

Captain RAAF said :

On a kinda related note, I have been informed that you can legally take drinks from those open air drink stands situated near the checkouts, as long as they are not behind a door.

It’s some old law that few know about but I will endeavor to find out what its called and get back to you.

Free coke!!!!!!

You can take anything from the shop, it’s only when you try to leave past the last pay point and don’t pay when you are committing the offence of theft.

You have no legal right to the drinks in the fridge at the checkouts either, it would be the same as taking cheese from the cheese fridge.

ok, I have been informed that it falls under contract law whereby the supermarket has implied consent by placing them in an open fridge and cooled them for your consumption. So if you have duly considered the offer you can ‘agree’ to take one and consume it.

So I don’t think you can walk out with it but can drink it, free of charge, in the store.

Any contract law experts out there?

“Somebody get me a lawyer – I want to steal stuff that isn’t mine and get away with it on some sort of technicality”.

Becw Becw 9:08 am 01 Mar 12

You are right! I have had the same problem as you. They are not allowed to put there hands in your bag. They can ask you to move things for them but thats all.

Captain RAAF Captain RAAF 10:12 pm 29 Feb 12

buzz819 said :

Captain RAAF said :

On a kinda related note, I have been informed that you can legally take drinks from those open air drink stands situated near the checkouts, as long as they are not behind a door.

It’s some old law that few know about but I will endeavor to find out what its called and get back to you.

Free coke!!!!!!

You can take anything from the shop, it’s only when you try to leave past the last pay point and don’t pay when you are committing the offence of theft.

You have no legal right to the drinks in the fridge at the checkouts either, it would be the same as taking cheese from the cheese fridge.

ok, I have been informed that it falls under contract law whereby the supermarket has implied consent by placing them in an open fridge and cooled them for your consumption. So if you have duly considered the offer you can ‘agree’ to take one and consume it.

So I don’t think you can walk out with it but can drink it, free of charge, in the store.

Any contract law experts out there?

Sandman Sandman 9:34 pm 29 Feb 12

Auntyem said :

I saw a guy in Civic Aldi on Monday shove two bottles of O’Donnell’s Irish Cream down the front of his pants (ewww).

Personally, I wouldn’t have touched them.

More of a Bailey’s fan?

p1 p1 10:23 am 29 Feb 12

Watson said :

If I ever wanted to deliberately steal from a store, I would go and show my bags to the security person when I exit.

+1

dtc dtc 9:27 am 29 Feb 12

Amanda Hugankis said :

Wouldn’t it be nice not to have to worry about things like tampons and such.

Its fantastic.

buzz819 buzz819 6:55 am 29 Feb 12

Captain RAAF said :

On a kinda related note, I have been informed that you can legally take drinks from those open air drink stands situated near the checkouts, as long as they are not behind a door.

It’s some old law that few know about but I will endeavor to find out what its called and get back to you.

Free coke!!!!!!

You can take anything from the shop, it’s only when you try to leave past the last pay point and don’t pay when you are committing the offence of theft.

You have no legal right to the drinks in the fridge at the checkouts either, it would be the same as taking cheese from the cheese fridge.

Clown Killer Clown Killer 11:50 pm 28 Feb 12

I see no point in joining the conga-line of arsemaggots and wannabe-douchebags who get off on voluntarily showing their bags to security staff.

MissChief MissChief 10:06 pm 28 Feb 12

It must be even harder now fwith people carrying goods without shopping bags or using their hand bags as carry bags.

Henry82 Henry82 9:57 pm 28 Feb 12

JessP said :

Just get over yourselves, open your goddamn bag/s and make it as painless as possible. If you didn’t steal anything then no problem.

Papiere, Bitte

Watson Watson 9:51 pm 28 Feb 12

If I ever wanted to deliberately steal from a store, I would go and show my bags to the security person when I exit.

Thumper Thumper 9:25 pm 28 Feb 12

JessP said :

Oh for Gods sake people! Just get over yourselves, open your goddamn bag/s and make it as painless as possible. If you didn’t steal anything then no problem. If you did then you get what you deserve.

+1

JessP JessP 9:05 pm 28 Feb 12

Oh for Gods sake people! Just get over yourselves, open your goddamn bag/s and make it as painless as possible. If you didn’t steal anything then no problem. If you did then you get what you deserve.

Captain RAAF Captain RAAF 8:48 pm 28 Feb 12

On a kinda related note, I have been informed that you can legally take drinks from those open air drink stands situated near the checkouts, as long as they are not behind a door.

It’s some old law that few know about but I will endeavor to find out what its called and get back to you.

Free coke!!!!!!

damien haas damien haas 6:04 pm 28 Feb 12

If I’m walking out and the bag is in my hands, i will open it and show them the contents. If i am wearing my backpack and they want me to take it off, i just say sorry and keep walking. Occasionally they shout ‘Sir, SIR…’ but I’,m usually well away at this point. Im not a thief, so if they want to summon security to track me down – go ahead. i would ring the police immediately.

It is difficult these days to keep items separate as one is expected to pay a politically imposed fee for carry bags, and some people out of stubbornness refuse to surrender to this extortion. I just shove everything into my backpack or courier bag, and keep receipts in a shirt pocket.

Of all store security methods, the one i object to most is the gluing of magnetic security strips into books. I have stopped purchasing from establishments that do this – and im sure that is the sole reason they no longer trade.

Im not opposed to opening my bags for inspection – but the problem i have is this: there are very few floor staff in many stores so actually finding one to ask a question is difficult. These staff could also observe thieves in operation. By assuming ALL CUSTOMERS are thieves, which asking for all bags to be opened upon exit implies, is distasteful.

Auntyem Auntyem 5:34 pm 28 Feb 12

I saw a guy in Civic Aldi on Monday shove two bottles of O’Donnell’s Irish Cream down the front of his pants (ewww). He walked out of the store without anyone stopping him to check his *bags*. I told the checkout guy and he chased after him and asked him what he had down his pants (double ewww). “Aw, these?” he said, and handed them back then strolled away.

Personally, I wouldn’t have touched them.

Back on subject – I always open my handbag, back-pack, or shopping bags when I walk out of any of these stores – basically, the staff never seem to take any interest in what’s inside them so I think they’re just there to deter the lifters.

VYBerlinaV8_is_back VYBerlinaV8_is_back 5:18 pm 28 Feb 12

I generally let shop guards look in any bag I have if they want. I don’t steal, and it takes all of 5 seconds, so who really cares?

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