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When my niece was being harrassedcby the security guard for…

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When my niece was being...
When my niece was being harrassedcby the security guard for "removal of a shopping cart ",
My niece's pocketbook and bags and all her pockets were searched thoroughly.
The security guard even took her money on the pretense of counting it and have her a fraction of her money back.
The security guard said that he had a body cam on. How do we get this video footage?
Is it legal to search someone like this when they have done nothing wrong, and the only charge the security guard can make up is about a shopping cart?
Submitted: 26 days ago.Category: Criminal Law
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Answered in 10 hours by:
3/30/2018
Criminal Lawyer: Sean K, Lawyer replied 26 days ago
Sean K
Sean K, Lawyer
Category: Criminal Law
Satisfied Customers: 462
Experience: Attorney/Member in Private Law Firm
Verified

So this all goes back to the security guard "charging" her with something. First, a security guard is a private employee and even if the security guard was an off-duty police officer (and nothing you have said leads me to believe he was), he could not charge her himself, he would have to call local law enforcement. If later the owner of the store wanted to have her charged, he may. As you have addressed, for a criminal charge to go forward, a prosecutor has to be involved.

Now, since the security guard is not law enforcement and is a private citizen, he can search things as there is no law enforcement action. It may not be proper, it may be a violation of a civil right and could be redressed by a lawsuit by your niece against him, but it is not illegal.

If there was body camera footage, that would be in the custody of his employer. That could be requested from the employer, but would probably be denied unless there was a subpoena issued. If the current case is still going, then you could ask the Court to issue a subpoena for it or if there was a civil suit filed, that could allow or a subpoena.

I am going to be out in meetings all day, but saw this and wanted to immediately respond so there would be no delay.

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Customer reply replied 19 days ago
Is the current case still going on if it is a for an appellate review?
How do we find out where the security guard is employed? Or what his actual job is.
Should the court have definitely verified his employment status and whether he was on or off duty, since a criminal conviction requires proof beyond a reasonable doubt and clear and convincing evidence?
The store says he is not their employee nor their agent.
The name of the contact security guard for that strip mall, was given to me buy a friend who works in the strip mall. It's quite interesting that this named man, who is said to be the contact security guard, met my niece in Circuit Court while she was appealing from lower court.
The contact security guard was in a suit andsaid he was conducting jury selection. My niece thought that he was a lawyer.But all he did was ask my niece a lot of questions about what evidence she had concerning the other security guard. Could the security guard at my niece had in the parking lot of the store just be covering for the real security guard he may get in trouble because he left his post? I think the security guard interested my niece used to be a police officer but I am not sure. I think he was demoted and now delivers mail for the police. The other officers in the precinct told me he does not have arrest Powers anymore. My niece would not consent to a search, so the security guard handcuffed my niece and took out the contents of her pockets and then he called a female police officer two more thoroughly searched her. However the female policeman couldn't come on time and was held up cuz it was late can we get a police report to find out the name of this police officer
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Sean K
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Category: Criminal Law
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