AI Legalese Decoder: Untangling the Legalities of Grocery Store Bag Searches and Questionable Police Responses in the Netherlands
- November 8, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder
Encounter with a Security Guard in the Netherlands
DESCRIPTION OF THE INCIDENT
One day while shopping at a grocery store in the Netherlands, I encountered a situation with a security guard. The security guard requested to see my bags in an attempt to check if I was shoplifting. After searching one of my bags, he then demanded to search my rucksack as well. I declined the request, and this refusal was met with physical resistance from the security guard, who attempted to block my exit. However, I was able to defuse the situation by moving to the side. The security guard then proceeded to try to forcibly take my rucksack from me, and when I suggested that he inspect it from a distance, he pinned me down to the ground.
CONSEQUENCES AND LEGALITY
As a result of the altercation, I suffered scrapes, bruises, and grazed skin. I am now questioning the legality of this entire situation. The police arrived at the scene and took statements from both the security guard and me. However, they informed me that the security footage would not be reviewed unless I had a medical report detailing my injuries. Furthermore, they indicated that instances like this are common and will likely continue to occur.
REQUEST FOR LEGAL ADVICE
Fast forward one day after the incident, I have confirmed that I have sustained an injury to my knee due to being thrown to the ground during the altercation. I am now questioning whether excessive force was used. I am specifically concerned about the authority of a civilian with security powers to make an arrest without reasonable suspicion of a crime.
HOW AI LEGALESE DECODER CAN HELP
AI Legalese Decoder can be an invaluable tool in this situation. By using this tool, I can better understand the legal terminology and framework surrounding this incident. It can help to decode and interpret any relevant laws or regulations that may apply to the actions of the security guard and the police. Additionally, AI Legalese Decoder can assist in analyzing the rights and responsibilities of both parties involved, shedding light on any potential breaches of these legal obligations. This would provide me with a better understanding of the legality of the security guard’s actions and the recourse available to me.
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Original content:
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Rewritten content:
The Importance of AI Legalese Decoder in Simplifying Legal Contracts
Legal contracts are an essential part of many business transactions and personal agreements. However, these contracts are often filled with complex and challenging language that can be daunting for the average person to understand. In turn, this can make it difficult for individuals to thoroughly review and comprehend contracts before signing them. This lack of understanding can leave individuals vulnerable to potential risks and liabilities.
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It is here that AI Legalese Decoder can play a vital role in simplifying legal contracts. With the assistance of this tool, users can easily translate and decode legal jargon into plain, understandable language. This can greatly improve transparency and clarity in legal contracts, allowing individuals to make more informed decisions before entering into agreements.
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****** just grabbed a
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Nope, bag searches can’t be forced, unless it is clearly stated at the entrance of the store that the store does them. You can then decide if you want to enter or not. If it’s not stated and you don’t cooperate, they can only refuse to let you enter the store. If you were injured, go to a doctor, get a medical statement, file a police report, and maybe even consult a lawyer (only if covered by insurance, otherwise it’s not worth it).
Why are people difficult about bag searches? I mean just open the bag show then you havenÔÇÖt stolen anything and thatÔÇÖs it. ƒñÀÔÇìÔÖé´©Å
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Go to r/juridischadvies they can help you further.
>which I defused by going to the side
Something tells me we’re only hearing part of this story. I reserve any judgement at all due to that.
That is not normal and Im no lawyer but that doesnt sound legal.
Afaik you can decline and they cant use force
Which store was this? Because then Im not going there again lol
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As someone who works in the Dutch security business, I can confirm that what this security guard did is most certainly illegal. Bag searches (visitatie of Privaatrechtelijke fouillering) can only be enforced on the way in to a location, since they are allowed to block your entry for not willing to comply with house rules. On the way out if someone declines all you can do is take their details, warn them of the consequences and then send them on their way. Forcing them to comply by blocking the exit or physically taking hold of them is illegal as you are taking away their freedom of movement against their will. Legally speaking that security guard, if thankfully only briefly, kidnapped you.
Even if he had thought you had stolen, which is what should be the case since he asked to check your bag (though racial motives are unfortunately a disgusting reason sometimes) and he had placed you under citizens arrest, which from your post does not seem like the case, he would still not be allowed to hold you against your will. It is called Wederrechtelijke vrijheidsberoving, it’s part of the Grondwet that says everyone has the right not to be held against your will, unless trumped by another law aka the police or BOA. The security guard can face up to 8 years in prison for this.
Another point is that he touched you, the grondwet also stated everyone has a right to personal space and should not be touched against their will, once again unless trumped by other laws aka police and BOA’s can touch you if within their right to do their job. He was not defending himself so he had no reason to touch you at all.
In short, he stripped away two of your constitutial rights. File a police report and get a lawyer if you can, and yes go get that free legal advice from the loket after the weekend.
Why did police arrive?
I got the feeling we dont hear the full story but maybe thats just me. Defused by going to the side while the guy tried to block you from leaving sounds like you wanted to run past him, wich makes everyone think you srole something and wanted to run away.
Wether or not you did doesnt matter because they cant know, they only see you trying to run away from a bag search, wich is obviously suspect.
Stealing is also illegal btw
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Just don’t shoplift and do the mandatory nag check? Don’t bring stuff you don’t want people to see into supermarkets.
And yeah sounds iffy from the guard but “look at my bag from a distance” can you sound any more suspicious?
Why wouldn’t you let him check your bag OP? What did you have to lose? When people use privacy as an excuse to deny a bag check they’re usually stealing.
Source: I work in a store, it’s an estimste but 7/10 people that refused a bag check where on camera caught stealing and opened there bags as soon as the police where called…
You could be in that 30% safe zone but statistics aren’t on your side here.
I’m a Security guard myself, and i can guarantee you that what he did was highly illegal.
Try to find out what company he works for (most mall security are from third-party security companies) and file an complaint. Any decent company will reprimand his ass.
P.S.
Next time it’s easier to just comply and get it on with.
I am pretty sure the checking of your bags is completely legal, and as long as you are inside the store you have to comply with the search. And as long as you have not stolen anything there should be no reason for not cooperating.
The physicality part is more difficult since the guard is in his/right to check your bags and you are refusing. The guard is never allowed to use an unnecessary amount of force but determining what amount of force is necessary is very difficult.
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Very bluntly put op. You were in the wrong, and while violence should not have been necessary, you made it necessary.
They won’t arrest you for holding some weed.
For context. What exactly do you mean with: “Going to the side?”.
I was not there so I can’t judge but did it look like you were trying to get past him? Try to picture the situation again and be honest. Did you give the security gaurd any reason to think you were gonna try to get away with the thing you were shady about (since you declined to get your other bag searched)?
Stores have become very alert when it comes to shoplifting these days. This is because of the self check out service that is being abused by a big percentage of the population. Security gaurds in malls or stores have to deal with shoplifting almost every day.
They can’t really sense what’s exactly going on most of the time so they rely upon the corporation of customers/ visitors. When this is being declined they will get suspicious.
Again, I was not there so I can’t make a judgement and will not.
I’m trying to give you a different perspective on the situation that happened before you go to court with this case.
Since there were cameras and witnesses, try to imagine it from their perspective.
I’m sure that all of this has not been a pleasant experience. It sucks that you had to go through this and got hurt as a result.
An alternative option instead of suing could be to call the store and try to make an appointment to clear things up between both parties. See how they will react and be respectful. If you’ve done nothing wrong and are able to convince them about that fact, I am almost sure this can end on good terms for everyone.
The security gaurd probably didn’t want to use force because he likes it so much (again, I wasn’t there. He could have been a psychopath for all I know).
My final advice: Consider a different approach than going right into suing someone. It might save you a lot of drama.
Next time just comply with the guards and you’ll have no hassle.
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It’s ridiculous that everyone immediately assumes OP stole. Of course security had no authority to check your entire backpack. as someone else said he should have called the police.
Shoplifting / Retail Theft is illegal. The retailer has a right to detain you and recover their merchandise using reasonable force. IÔÇÖm sure the police told you this after they arrived. If the store didnÔÇÖt tell the police to charge you, you probably were only trespassed for a limited time. Be thankful for that and stop stealing.
Let the bag be checked!!! WhatÔÇÖs the matter with you? Shoplifting is a real problem, if you can help the store with letting them look into your bag, what is the problem? Although it will result in giving stuff back. Why acting so difficult?
So you had stolen goods hidden in you rucksack and you didnÔÇÖt want the security guard to find them.
Report for mental health damage.
did u use the self checkout?
We are missing the other side of the story.
The guard can (just like anyone else) make a citizen’s arrest. For 6 are allowed to detain you using appropriate force. They are not allowed to rummage through your personal belongings without consent. However, if you refuse, they may detain you and call the police. Judging from your story, you tried to leave the store and did not cooperate with his request. Whether the pinning down was necessary is, of course, debatable, but without you sustaining real damages from the ordeal, the benefit from taking this to court are minute.
It’s not legal but security guards usually get away with a lot.
I are not in the USA just behave
wait so you can go in a store, fill your bag, walk out, refuse the search, and be gone before the cops are there? Like what is a store supposed to do?
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Supermarkets have signs hanging that they perform random bag searches, if you use the self check out you automatically agree to this. Also, you’re in the store and their rules count.
However, physical violence seems a bit much if the situation was simply really what you described it to be.
Nope, the guard assaulted you and you should press charges tbh. Nobody has any business looking in your bag, itÔÇÖs none of their business. If they donÔÇÖt like it they are allowed to deny you service, but if you are already inside and have items in your cart, you can walk out without paying if they do and you are 100% in your right. This would all be different if they charged an entrance fee, but since there is no entrance fee, it is an open building and they cannot enforce houserules. They can only suggest, and have you follow on your own accord.
Don’t know if what happened is legal or not, and he probably went to far, but why didn’t you just show what’s in the bag?
Think about his perspective. His job is to make sure no one steals stuff. You show up and act suspicious. What did you expect? For him to just let you go?
These checks at supermarkets are standard and completely random. I guess you checked out at a self checkout? The machines choose randomly and its completely normal for them to scan a few of your products.
From what i can remember they can give you up to 3 warnings before they have the right to stop you from leaving the store to make sure the police gets there first.
If you try to leave they have the right to stop you with the same amount of violence or rather one step back. You take a swing, security gets to push and work you to the ground and such.
In any case you will probably be forbidden from enetering the store again.
Also i dont blame the security guard from stopping you. You let him search one bag… Why not thr other?
Post in r/juridischadvies for more help on the matter
It probaly wasnt legal, but which how vaguely you descrube the incident I think the security was in the moral right. Before you say this comment isnt legal advice, i dont care
If they have reason to suspect you stole something and you’re refusing to show your bag, all they can do is call the police and let them handle it. Even if there’s a rule posted at the entrance of the shop that says you have to show your bag. Nobody in that shop has the right to force you to show what’s in your bag, and even less right to physically touch you at all