Can a security guard use force to stop a thief from leaving?

The Man

Former Staff
Jul 2011
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Toronto
Over here in Canada, seems like a regular store security guard can't touch anyone, especially without manager's permission. At least, that's what I learned having worked such jobs for awhile, back in Vancouver.
 

Rorschach

Former Staff
Aug 2012
53,875
20,202
america
What we need are some freaking laws to help create a safer environment for criminal activity.

Do any of you realize just how DANGEROUS a career in crime can be????

We need to start with making it safer, and then move on to some benefits for these great American citizens.
 
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Jan 2014
19,004
5,542
California
Jan 2014
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5,542
California
Over here in Canada, seems like a regular store security guard can't touch anyone, especially without manager's permission. At least, that's what I learned having worked such jobs for awhile, back in Vancouver.
Mr. Man,

How about over there in Canada?....;)
 

the watchman

Former Staff
Jul 2011
94,625
62,002
becoming more and more
I know this is going to get a lot of discussion. We don't have any comment by the store or
the security guard yet. All we know is what we see on the tape. A man injured with a badly twisted or possibly broken ankle yelling in pain.

https://ca.news.yahoo.com/troubling-incident-campus-shoppers-drug-210820061.html
the article doesn't mention anything about BLM. Did you make a mistake? It's Black Students' Alliance. As far as your question goes, typically security guards don't tackle people because of liability issues. Here's what the company said.

In a statement, the company's vice-president of external communication Tammy Smitham said Shoppers Drug Mart stores often employ third-party loss-prevention officers to help deter and identify theft.

"We never encourage physical interaction between loss prevention representatives and individuals in our stores," Smitham said, adding the company will conduct a "thorough investigation" of the incident.
https://ca.news.yahoo.com/troubling-incident-campus-shoppers-drug-210820061.html

So, first of all, why did you misrepresent this to be an issue that BLM was in involved in? Second of all, why did you leave out the part when there is great community concern, having nothing to do with BLM? Thirdly, why are you asking if a Security Guard can use physical force when the article clearly says that it's not the policy of the company he works for? The answer is clearly "no". Are you trying to generate animosity towards BLM?
 
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Ian Jeffrey

Council Hall
Mar 2013
78,705
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Vulcan, down the street from Darth Vader
I would say that an LPO (security guard) can (legally) use force to prevent a thief from getting away - especially from getting away with stolen property. And if the thief uses force to overcome such restraint or attempted restraint, the theft becomes a robbery.

When I was a law clerk (intern) for a district attorney's office, in the misdemeanor unit (they did not put interns in the felony departments), I came across a case of Theft-2 or -3 (I forget which). However, the thief attempted to get away and struck - probably unintentionally - one of the LPOs with his arm that was in a cast. I sent the case up to the appropriate felony unit to charge Robbery-3; however, they decided that while it was technically true, the guy was young and had no record, so they would give him the benefit of the doubt (this time). It did mean, however, that he would not be offered the usual first-offense violation treatment.
 
Sep 2016
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My own world
the article doesn't mention anything about BLM. Did you make a mistake? It's Black Students' Alliance. As far as your question goes, typically security guards don't tackle people because of liability issues. Here's what the company said.

https://ca.news.yahoo.com/troubling-incident-campus-shoppers-drug-210820061.html

So, first of all, why did you misrepresent this to be an issue that BLM was in involved in? Second of all, why did you leave out the part when there is great community concern, having nothing to do with BLM? Thirdly, why are you asking if a Security Guard can use physical force when the article clearly says that it's not the policy of the company he works for? The answer is clearly "no". Are you trying to generate animosity towards BLM?
I didn't realize it was not BLM but a student group called the Black's student Alliance (BSA). I suppose I am just used to reading BLM at the centre of issues like this I didn't even realize it wasn't an American story.

In terms of legality I do believe the law is quite different in the US and Canada as Ian Jeffrey has pointed out in #9 and it didn't sound quite right what was in the article. Further more the man was charged and the security guard wasn't. None the less the thread has sparked comment which was my only intent.

PS I so believe that if a security guard or a police officer stops you in the belief that you have shop lifted they do have a right to detain you and search you. If you don't comply and are injured before proper legal authorities arrive, I don't have sympathy.

Are some of these security guards and police officer ass holes? Yes they are, but I do believe they are doing a job and if you resist and get hurt, its on you. If you feel you are being unfairly treated, you should call police or if they are the police themselves get the officers' badge number(s) and try to record the interaction and document possible witnesses/by standers and go file an official complaint afterwards.

PS in terms of the community having concerns I think anybody would have concerns after seeing that video but the BSA is the group bringing it forward as they are the ones that released the video. Just to be clear the link also says :

A 25-year-old man was arrested and faces four charges including: theft under $5000, possession of property obtained by crime, assault with intent to resist and assault. The man was taken to hospital with a twisted ankle injury that occurred during the altercation, Const. Caroline De Kloet said.

As for whether the loss-prevention officer faces any charges, Const. David Hopkinson said, "It is always a possibility for anyone, police or loss prevention if someone is treated unfairly," but couldn't say if that was case in this incident, saying it is still under investigation.
 
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