Can a mall security guard at Nordstrom touch me?

Can a mall security guard at Nordstrom touch me?

Postby chauncey » Tue Aug 28, 2012 8:14 pm

I was shopping in Nordstrom at the mall with my girlfriend. She put a bag that she was going to purchase over her shoulder and we looked at boots/shoes for about 30 minutes. She trys a couple on and finally buy a pair for $90. She completely forgot about that bag on her shoulder (in plain view) and we walked out the door.

A black male in plain clothes approached us in the parking lot and said to come with him. (my first thought was I was getting stuck up) Then a larger white male came out as well. We started walking back into the mall still not knowing what was going on. No one said they were security or had anything on them showing that they worked for nordstorm. I told my girlfriend to leave and thats when they got in my face and I stated "don't touch me" I was then put into a full nelson.

Three days ago I got an X-ray and was diagnosed with whiplash on my spine due to a car accident so my spine is pinching on nerves and I have 2 months left of physical therapy. I got out of the full nelson after a lot of pain. And they cuffed my girlfriend and took her into a room. (I left the building at this time wondering what lawyer/police department to call)

In the room they then pointed out the bag that was over her shoulder and said they just wanted to ask her questions. She really wasn't trying to steal anything. They didn't call the authorities but she signed a form saying they won't take criminal action as long as she stays out of NordStrom for 2 years.

So my question is are they able to physically touch her and I? My back is in a lot of pain and I have X-Rays/doctors diagnosis for proof. Do I file a police report for assault? What do I do?
Thank you.
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Can a mall security guard at Nordstrom touch me?

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Can a mall security guard at Nordstrom touch me?

Postby arian57 » Tue Aug 28, 2012 8:16 pm

They can, but that seemed a bit rough.
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Can a mall security guard at Nordstrom touch me?

Postby adir » Tue Aug 28, 2012 8:18 pm

They can, but that seemed a bit rough.
Yes, they were, and you know what? They did.

Look, there's your version of events, and there's the security officer's version of events... but there's also the surveillance camera's version of events. So keep that in mind.

You could sue, but that would probably make the odds of your girlfriend getting arrested for larceny 100%.
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Can a mall security guard at Nordstrom touch me?

Postby hamo11 » Tue Aug 28, 2012 8:21 pm

In a word no!! They are not allowed to touch or injure you in any way! They are also not allowed to "arrest" a female and take her anywhere unless in the presence of a female guard!! In most cases they are just wannabee policemen!! Sad little people with a uniform to make them feel big!! Sue them!!
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Can a mall security guard at Nordstrom touch me?

Postby inys » Tue Aug 28, 2012 8:23 pm

The most important part of your question is; which state? As you can imagine the laws vary from state to state.

It appears that the security guards were detaining a suspect. In this case they have a strict liability crime. That means it doesn't matter if you say you didn't intend to steal - you did take merchandise without paying. That completes the crime.

... I stated "don't touch me" As you can imagine that has no bearing on anything. The security guards aren't there to obey you, they just want to arrest a shoplifter. It appears that you tried to help her escape and even went so far as to interfere.

She signed what is known as a "confession". In addition to being banned she agreed to pay $750 in restitution to cover the cost of the investigation. If she later goes back on her oath to pay the restitution it will be turned over to a collection company for double the price. If she refuses to pay collections it will need to go to court. They will bring her signed confession and she will have a life long criminal record and sill have to pay.

No police report is needed for interfering in the arrest and being an accomplice to a theft. If you force the guards to restrain you - expect some consequences.

Hope this helps.
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Can a mall security guard at Nordstrom touch me?

Postby nicson » Tue Aug 28, 2012 8:25 pm

Oh come on kid get real here. Your bleeding story is full of crap. Yes they can hold you even if you are resisting. I believe your dumbass was resisting to break free and run simple as that. Now you are claiming you got hurt, yea right. Next time moron do not go out stealing. Plain and simple. You have no grounds in a law suit. When store under cover security approach people that are stealing they do say who they are. Nice try in getting people to believe your crap.
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