I went to Safeway one day and the security guard n pulled me aside and told me that customers we saying that they saw a young black woman stuffing things in her sweater. He asked to pat me down to see if I was lying... I said fine whatever... He proceeded n patted me down... So first of all I am not black i am Filipino and 2nd of all he can not single me out unless he saw if I had stole something right? So what should I do? Do I have a case that I can proceed with Safeway or the security company?
3 Answers from Attorneys
The guard doesn't have to personally see a theft in order to act on it. It sounds like he didn't have good reason to suspect you, but when he asked for permission to pat you down you gave it to him. That would make it very hard for you to complain the search violated your rights.
I can't help but notice that you don't claim to be innocent. Maybe that's just an oversight on your part. But if you really were hiding merchandise in your sweater then you would have an even harder time winning a lawsuit.
I agree with Mr Hoffman's opinion.
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Your agreement to allow him to search you will make your intended action very difficult if not impossible to win.