Do security guards have the right to inspect bags and personal belongings
Many of us have faced an unpleasant situation when a security guard demands to show the contents of a bag in a store. The reaction to this can be different, from submissive fulfillment of requirements, to categorical refusal and even open aggression. What kind of behavior can be considered correct and do the guards have the right to inspect our bags and pockets?
If we turn to the letter of the current law, then the inspection of a person's personal belongings is their compulsory examination without violating the constructive integrity. Article 27.7. of the Administrative Code of the Russian Federation says that such an inspection is within the competence of officials, or rather, police officers, military personnel, employees of the National Guard of the Russian Federation, employees of the penal enforcement system, border guards and so on.
But even in this case, the inspection should be carried out in compliance with mandatory formalities — with the preparation of a protocol, the invitation of witnesses and, preferably, video recording of the process itself. Other options for conducting the inspection of citizens in The Russian Federation simply does not exist, but there are plenty of people who want to come up with new rules around.
Most often, the desire to inspect other people's bags, backpacks and pockets arises from the guards of supermarkets, shops and shopping centers. Usually these people are employees of private security companies, that is, private security companies. They act in accordance with the Law "On Private Detective and Security Activities in the Russian Federation", which clearly describes the rights and obligations of guards, watchmen and detectives-individuals of all stripes.
Article 12 of the law states that a security guard can detain a person who has committed an offense: encroached on protected property, tried to enter an object or caused material damage. But at the same time, the violator must be immediately handed over to law enforcement.
The guards do not have the right to conduct an inspection of personal belongings, even if the detainee is suspected of theft. They can only ask to show the contents of the bag without touching it with their hands. This is called an inspection of the detainee's personal belongings with his consent. In the event that a person refuses to show the bag, you need to call the police, who have broader powers.
Security guards often ask to show the contents of the bag at the entrance to a hotel, cafe, restaurant or museum. In this case, they have exactly the same rights as their colleagues from the store. You can inspect the contents of the bag externally and only with the consent of the owner. But if such consent is not obtained, the guard has every right not to let a person into the institution.
Despite the fact that the powers of the guards are limited, you should not look down on people of this profession. Often they are the only ones who can come to the rescue in an extreme situation.