theft search-and-seizure
Can shop staff search your bag when you are selected for a random rescan?
<p>(UK based). My question refers to the situation where you are using the &quot;scan as you go&quot; system in which you scan items and pack them into your bag as you go around the shop, and pay at the till before you leave. When using this system you agree in the terms to random rescans, in which your items are occasionally completely rescanned by store staff to see if there is anything you didn't scan.</p>
<p>However, this seems to imply that the shop staff have the ability to go through your personal bag, which may have your own belongings as well as your shopping. As far as I am aware here the store has no recourse to use citizens arrest powers, as there has been nothing to suggest you have broken the law, so they have no power to search your bag or detain you for a police member to search your bag. But if they have no power to search you, surely the rescan system will never catch potential shoplifters, as any unscanned items can be kept concealed in your bag.</p>

<p>You have <a href="https://www.asda.com/about/instore/scan-and-go/terms-and-conditions" rel="nofollow noreferrer">an agreement</a> with the store that allows you to use scan and go technology. Part of that agreement a bit that says</p>
<blockquote>
<p>we may ask you to help us confirm that the service is working
effectively by allowing us to check your goods against the scanner or
to re-scan your shopping</p>
</blockquote>
<p>They also say that they are</p>
<blockquote>
<p>entitled to withdraw your right to use the Scan and Go service
at any time if you do not comply with these Terms and Conditions. If
we do that, the legal agreement created between ASDA and you under
these Terms and Conditions will come to an end immediately, although
any relevant statutory rights that you may have will not be affected.
More generally, ASDA reserves the right to withdraw the Scan and Go
Service at any time, at its sole discretion</p>
</blockquote>
<p>You have implicitly consented to a brief stop for a rescan. I don't see any implication that they assert a right to search your person. You can refuse a re-scan and they can process you like an ordinary customer.</p>
<p>As for shoplifting, as <a href="https://www.inbrief.co.uk/offences/security-guards-shoplifting/" rel="nofollow noreferrer">this article</a> summarizes, security can make a citizen's arrest if they suspect that you have committed a crime (theft). They have to have reasonable grounds for thinking that an arrest is necessary to prevent the loss. Hence they can detain you until the constable arrives.</p>
