Understanding Search Rights and Legal Considerations
1. Rights To Search
As a security officer, you do not have the legal right to search a person, vehicle, or building without permission. You must always ask for consent before conducting a search.
If you search someone without their consent, it can lead to serious consequences, such as:
- Being charged with assault.
- A person or company taking legal action against you or your employer.
- A criminal case failing in court because the evidence was found through an illegal search.
Always make sure you get clear permission before carrying out a search.
2. Search Clauses For Employees
Some companies include search clauses in their employees’ contracts. This means employees have already agreed to be searched by security officers or management when required. These clauses help prevent theft and protect company property.
If an employee refuses a reasonable search request, they may face:
- Disciplinary action for breaking their contract.
- Suspension or dismissal if the refusal is serious.
Where to Find Search Rules
The site’s Assignment Instructions (A.I.s) will explain:
- Who security officers can search.
- When and how often searches should happen.
- The correct procedure to follow during a search.
Even if a search clause exists, you must still ask for permission before carrying out the search. Employees cannot be searched against their will, even if their contract includes a search clause. Always remain professional and respectful during searches.
3. Legal considerations for searching visitors
As a security officer, you may need to search visitors, staff, or customers before allowing them to enter a site. However, there are important legal rules to follow when carrying out searches.
1. Always Get Permission
You cannot search a person without their consent. Before conducting a search:
- Explain the reason for the search.
- Ask for their permission before proceeding.
What to Do If a Visitor Refuses a Search
If a visitor refuses to be searched:
- Do not force them.
- Deny them entry to the site.
- Inform their host or report it to a manager.
If the site has a “point of entry” search policy, there should be a clear sign at the entrance informing all visitors. This helps avoid misunderstandings and ensures visitors are aware of the policy before they enter.
What If You Suspect a Visitor Has Stolen Property or a Weapon?
If a visitor refuses a search and you suspect they are carrying:
- Stolen property
- A weapon
You cannot physically stop them, but you should:
- Observe their description (clothing, height, appearance).
- Watch which direction they go.
- Report the incident to your supervisor or manager immediately.
Key Legal Reminder:
- Security officers do not have police powers.
- You cannot search anyone against their will.
- You must follow company policies and report incidents correctly.
Always remain professional and respectful when dealing with visitors, and ensure you follow legal guidelines at all times.
