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This topic comprises 3 pages: 1 2 3
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Topic: Security Guards with Metal Detector Wands?
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Randy Stankey
Film God

Posts: 6539
From: Erie, Pennsylvania
Registered: Jun 99
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posted 12-13-2003 11:56 PM
They don't have to look through all of your posessions even IF the alarm goes off!
If you go through the "gate" and the alarm goes off, they can simply hold your bag(s) while you walk through again. If the alarm doesn't go off when your hands are empty the "guard" knows that one or more of the bags they are holding in their hands has the item with the security tag in it. All the guy has to do is pass each bag he is holding through the gate, one at a time, until he finds the one that makes the alarm go off. He only has to look through any bag that makes the alarm go off.
If the alarm goes off when you pass through the gate and you are NOT holding any bags the guard can ask you to take off your coat and wave it through the gate. If the coat makes the alarm sound he should ask you to take things out of the pockets and repeat the test until the object that caused the alarm is found.
If you are not wearing a coat or holding any bags the guy only has to ask you to empty your pockets and repeat the test until the object that caused the alarm is found.
If, by this time, no object has been found the guard has two options: 1) Let you go. 2) Ask you to accompany him/her to the store office where the matter can be sorted out in private.
IF the guard elects to take option #2 and you try to refuse he has the right to suspect you of doing something you shouldn't be. However, if he doesn't find anything to prove that you were doing something you shouldn't have been doing his (and the company's) ass could be in hot water! At this point the guard has two more options: A) Call the cops. B) Issue you a written apology and let you go.
If he calls the cops and they decide to let you go it's almost certain that you could sue for false arrest! The guard must have a documentable reason why he should have suspected you. If he doesn't the company has little or no defense. If at any time the company had reasond to believe you are innocent they should have defaulted to solution "B". It would probably be a good idea for the company to give you something in return for your trouble... A gift certificate, A refund for your purchase or better still CASH MONEY!
Whether the incident takes place in a retail store or a theater the situation is similar. Ian is right, up to a point. The company doesn't have to let customers in who don't obey the rules but they DO have to take reasonable precautions to make sure they don't incriminate law abiding citizens in public.
If people at the theater (or studios) suspect some of the customers may be breaking some rule they can take steps to prevent it. Are they looking for weapons? They had better be able to justify why they are looking for weapons at THIS particular show and not others. (eg: Midnite shows have a higher incidence of violence OR violence has erupted at showings of this or similarly themed features before.) Furthermore, they had better be prepared to search for weapons at all similar events in the future. (AND pay for the security guards!)
Are they looking for recording equipment? Well, then. They had better think. A 100 pound pimple-faced kid wearing nothing but a T-shirt and short pants has little chance of smuggling in electronic equipment. Searching somebody like that is pretty unreasonable. If the kid is wearing a bulky jacket which COULD hide some equipment the guards had better think of something they could do beside a full search. Maybe they could have simply asked him to take off his jacket and searched IT?
Businesses have the right to protect their assets. Stores have the right to guard against shoplifting to protect their property. By extension, a theater's property is the movie. A theater has the right to take all reasonable means to protect that property just as a store does. However, that store or theater had DAMN WELL BETTER have a policy in place that details when and how to search people. It ALSO needs to detail what is to happen in the event somebody is found to be breaking the rules. If they don't have a set (written) policy and a problem occurs they COULD be getting themselves into hot watter!
This is why I said that a whole bunch of people should go through the lines with balls of aluminum foil in their pockets. It's a harmless act that will make it VERY inconvenient for the studios to justify themselves. It IS conceivable that 5,000 people all around the country could be walking into theaters with foil in their pockets all at the same time! (Unlikely but conceivable.) It's perfectly legal to walk into theaters with foil in your pockets!
If those people who go into theaters with foil in their pockets don't cause a lot of commotion on their own, there's nothing the studios can do to stop them. The guards would be FORCED to go through a procedure like I listed above each and every time their alarms go off or else open themselves up to liability. All the other customers would be complaining. If the lines were held up long enough to delay the movie (in several locations all around the country) the idiots who came up with the idea to search customers would be forced to see the stupidity of the whole thing.
The down side to this idea is that it won't work unless a whole bunch of people do it all at the same time and they can't back down when the guard tries to search them. It has to be a large scale, coordinated act of passive resistance. If only one person (or only a few) people did it they could be simply thrown out of the theater for being "unruly" or "disturbing the peace". If that one person was too aggressive they could find themselves being banned from the theater or end up in jail.
In essence, this is all a gedanken experiment but it IS a logical solution to the problem... albeit a mean-spirited one.
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Jason Black
Phenomenal Film Handler

Posts: 1723
From: Myrtle Beach, SC, USA
Registered: Nov 2000
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posted 12-14-2003 03:17 PM
If I'm ever in the situation where a door buzzer goes off (primarily at Wal-Mart), I keep walking. They have yet to come try and stop me and woa the day they do.. I will NOT allow them to search me or my possessions, and, after paying for them, they are, in fact, my possessions .
AT this point, they have one option in my book, call the police and we'll sort it out with them. It's never happened to me, but if it did....
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This topic comprises 3 pages: 1 2 3
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