Do You Have the Right to Search Bags at Your Store?

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Table of Contents

• Bag Check Guidelines
• Bag Check Consequences
• Employee Bag Checks
• Key Takeaways

As a retail store owner, you can take measures to prevent theft and protect your business. By conducting bag checks and utilising CCTV surveillance, you can ensure that stolen goods do not leave your premises while deterring thieves from attempting to steal. You have the right to check employees’ and customers’ bags. This article will guide you on how to exercise your right to search bags, including the guidelines you should follow and the relevant consequences. 

Bag Check Guidelines

First, as a shop or store owner, you must clearly display a sign at the store entrance to show customers it is a condition of entry into the store that you intend to search their bag. This sign must be clearly displayed at all times. You should ensure that it is shown at all entrances to your store. For supermarkets, it is also common to have the sign displayed at every checkout counter.

If you have visibly displayed this sign, your employees can ask customers to open their bags to check the contents upon them exiting the store. While they can look inside the bag, it is essential that they do not touch the contents. Suppose your employee is attempting to search a bag and some other items of the customer are blocking their view. Your employee should request the customer to move the items. The customer may move the items within the bag or remove them entirely to provide a better view. 

Bag Check Consequences

If a customer refuses to allow staff to search their bag, your employees have the right to ask them to leave the store and not return. However, it is crucial to note that if your staff conduct the bag check without permission, it may result in an assault charge for both the employee and your business. This includes forcing a customer to open their bag or physically touching a customer.

If your employee has breached the rules regarding lawfully checking customers’ bags, you should seek legal advice immediately. If a customer takes legal action against you, this can be: 

• costly; 
• time-consuming; and 
• disadvantageous for your reputation. 

If your employees suspect a customer has stolen items, they can call the police or shopping centre security. However, it is important to know that if the customer is innocent, you may face action for false imprisonment.

Employee Bag Checks

Employers must take measures to prevent theft by staff. One effective way to do so is by including bag search policies in your employment agreements or company staff policy. This grants you the right to check their bags when necessary. You should outline in writing: 

• when you will require employees to open their bags for checking; 
• the consequences of them not complying with this policy; and 
• the repercussions if they are found to have committed theft. 

Some employers also install CCTV cameras to monitor staff. However, it is vital to obtain employees’ consent if you wish to do so in accordance with surveillance laws. You can do this through their employment agreement or staff handbook. By taking these steps, you can protect your business from employee theft and ensure its safety. 

Key Takeaways

Performing bag checks is an effective method to avoid theft and minimise stock loss. However, it is crucial to conduct these checks appropriately. Otherwise, it can lead to legal consequences that may be severe. For example, you may be charged with false imprisonment and face action from law enforcement. 

If you have further questions about conducting bag checks, your experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.