This is both true and untrue, IMO. They have no more authority to force a search than any other citizen in most circumstances. But, if you are entering or on their property, they have the authority that the property owner gives them to control access. That access may be conditioned on allowing a search. It is simple for entry, allow the search or do not enter. It is a little more complicated if you are already on the property. They may ask you to leave if you do not allow the search. But there is one circumstance where they can stop you from leaving and detain you for a search.RPB wrote:No security guard nor Walmart greeter type has authority to search anything.... get the Police here so we can discuss this.
Please note section 18.16 of the Code of Criminal Procedure (http://www.statutes.legis.state.tx.us/D ... .htm#18.16" onclick="window.open(this.href);return false;). This section allows any citizen to search and arrest to prevent the consequences of a theft. The intent to allow the search is shown in two ways: the chapter it is in concerns searches, not arrests and it is worded to allow a seizure of property first, and an arrest only after the property is seized. This authority applies to any citizen, including security guards. It means that when leaving the store if asked for a search, a security guard may detain you if he has reasonable suspicion that a theft has occurred. It does not apply to routine checks for a receipt from everyone, and has a real bite hidden in its use. It can result in a person being charged if they are wrong about the theft and do not find anything stolen (the guard not the person being searched - illegal detention or assault are possible charges).