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Private Security Law of searching an individual at Employers' Premises
In the United States and many part of the world, it may be necessary to search an individual at an employer's premise to prevent the person stealing an item from a store or carrying a dangerous weapon into the employer's premises. Sometimes, it may become essential to search a person if the person is being suspected of shoplifting. While some employers employ some plain-clothes agents to apprehend, detect and arrest shoplifters, however, employers are to understand the legal risks of searching a person indiscriminately. Before searching anyone at employers' premises, there should be a probable possible cause. Typically, it is very critical to establish a solid base for a probable search to prevent a false arrest claim.
Objective of paper is to explore the legal risks of searching an individual at an employer's premises.
Legal Risks of Searching an individual at Employers' Premises
While it may necessary to search a suspected individual at an employer's premise, however, there are still some legal risks that might occurred when deciding to carry out a search. It...
(FindLaw, 2015). It is probably possible to search an individual if there is proof that the person has stolen some items from the premises. The issue is always the case in many retail stores where it may be difficult to monitor the activities of all people in the stores. It is very critical to have a probable cause in order to justify the action. For example, it is very crucial for employers to lay an objective cause of action in case the search leads to a legal battle. However, it is advisable to have a strong evidence that the person has stolen an item before carrying out a search. Moreover, it is very crucial to understand that it is illegal to simply stop and search a person because you think that the person may be suspicious or carrying an offensive look. However, an employer may ask a suspicious looking individual to consent to a search, if the person refuses to a search, it is advisable not to detain the person without a probable cause in order not to provoke a legal risk. A major strategy to avoid a legal risk is to carry out…
Reference
Police Scotland. (2015). Know Your Right. UK.
FindLaw (2015). Illegal Search and Seizure FAQs. Thomson Reuters.
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