rich1985 Posted December 3, 2014 Report Share Posted December 3, 2014 (edited) Is it legal for a security guard to search my vehicle with me having no knowledge of it? I was not asked if they could search it, I was not told they had searched it. Got hauled up the office to day and I have been suspended from work for having..... Wait for it....a brace of pheasants in the boot of my car. My work involves poultry and they said its a risk to the birds I work with having a brace of pheasants in the boot of my car. Was this car search legal? Bearing in mind the chap that done the search is not a police man and there was no police presence. Edited December 3, 2014 by rich1985 Quote Link to comment Share on other sites More sharing options...
stubby Posted December 3, 2014 Report Share Posted December 3, 2014 I would think breaking and entry at the very least, do you have a work handbook? as if they think its ok, it would need to be in that, pre warned etc Quote Link to comment Share on other sites More sharing options...
kdubya Posted December 3, 2014 Report Share Posted December 3, 2014 I know the police can search a car on the grounds of probable cause, but a security guard is a different matter,where I work vehicles are searched from time to time but it is an accepted and agreed practice, but you have to be there, and not being inflammatory, but if you work with poultry and you must therefore be aware of the chicken flu that's back in the news, why leave pheasants in the boot when you go to work? KW Quote Link to comment Share on other sites More sharing options...
rich1985 Posted December 3, 2014 Author Report Share Posted December 3, 2014 I will look yes got a hand book. We have had car searches before but they said that they cannot touch the car only look. They have said it's very serious and I could be looking at gross misconduct and lose my job. Quote Link to comment Share on other sites More sharing options...
rich1985 Posted December 3, 2014 Author Report Share Posted December 3, 2014 I know the police can search a car on the grounds of probable cause, but a security guard is a different matter,where I work vehicles are searched from time to time but it is an accepted and agreed practice, but you have to be there, and not being inflammatory, but if you work with poultry and you must therefore be aware of the chicken flu that's back in the news, why leave pheasants in the boot when you go to work? KW I was given them on my way to work, I stopped off at a friends house on the way for a brew and he gave them to me. I'm not trying to say having them in my car was correct and I have owned up to there presence. I just need to know the legality of there car search. If they would have asked to search I would have let them. Quote Link to comment Share on other sites More sharing options...
brett1985 Posted December 3, 2014 Report Share Posted December 3, 2014 (edited) check your handbook and your contract of employment thouroghly with regards to your employers policy of searching you and your property. how did they search your car without you being present? did you leave it unlocked or have they gained access to your keys? or, is it a company car? Edited December 3, 2014 by brett1985 Quote Link to comment Share on other sites More sharing options...
rich1985 Posted December 3, 2014 Author Report Share Posted December 3, 2014 (edited) It was parked outside the poultry unit I was working in, unlocked. Yeah now looking for handbook! I know it's here sum where! Car searches are carried out from time to time but I was told by a security guard myself that they can only look and not touch. When I came out the unit there were 2 blokes there but at no time was I told they had searched or asked if they could search. Edited December 3, 2014 by rich1985 Quote Link to comment Share on other sites More sharing options...
brett1985 Posted December 3, 2014 Report Share Posted December 3, 2014 to me, that would amount to breaking and entering at the very least. regardless of what the security guard thinks he is entitled to do, he CANNOT open and rummage around in your personal vehicle without prior consent. did he remove the pheasents? Quote Link to comment Share on other sites More sharing options...
four-wheel-drive Posted December 3, 2014 Report Share Posted December 3, 2014 (edited) If you are on there land and work for them then I think that they can look in your car to see if your are pinching stuff I would not have thought that it was a good idea to leave dead stuff in the boot for long as if the sun cums out it could get quite worm in there and they would start to pong a bit. As you could not be bothered to lock it what do you expect not exactly braking in it the door and boot is unlocked. Edited December 3, 2014 by four-wheel-drive Quote Link to comment Share on other sites More sharing options...
brett1985 Posted December 3, 2014 Report Share Posted December 3, 2014 If you are on there land and work for them then I think that they can look in your car to see if your are pinching stuff I would not have thought that it was a good idea to leave dead stuff in the boot for long as if the sun cums out it could get quite worm in there and they would start to pong a bit. As you could not be bothered to lock it what do you expect not exactly braking in it the door and boot is unlocked. totally agree that it wasnt a great idea to leave the birds in the boot, especially given the OP works, but entering a unlocked car that doesnt belong to you is still an offence. the big question is, what does it state in his handbook? Quote Link to comment Share on other sites More sharing options...
figgy Posted December 3, 2014 Report Share Posted December 3, 2014 I don't see the risk they are spouting they were locked in your car. Where is the risk of contamination if they never leave that enclosed space. Stand your ground and arm yourself with the rules. Even an open car is not allowed to be searched without your consent or presence, they could plant anything and your stuffed. They try to lynch you for it start screaming blue murder over breaking and entering. Figgy Quote Link to comment Share on other sites More sharing options...
Zapp Posted December 3, 2014 Report Share Posted December 3, 2014 Where I work we are subject to random vehicle and personal searches and on every occasion the searcher MUST obtain written consent to carry out the search. There is a slight grey area whereby by entering company property we tacitly consent to be searched, but again any actual check is signed off. Quote Link to comment Share on other sites More sharing options...
fella Posted December 3, 2014 Report Share Posted December 3, 2014 to me, that would amount to breaking and entering at the very least. Which notably is not a crime in England and Wales... If they removed the pheasants then your best chance is for the criminal offence of Vehicle Interference. Would the police bother with something like this? Unlikely. I'd get a copy of your contract, get them to show you the bottom line where it says you can't have a pheasant in your own vehicle at work and then go from there. Whoever went in your car needs a quiet word around privacy though, and what their job entails. Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted December 3, 2014 Report Share Posted December 3, 2014 work in this industry...what does your contract of employment state......... Quote Link to comment Share on other sites More sharing options...
Piebob Posted December 3, 2014 Report Share Posted December 3, 2014 As you could not be bothered to lock it what do you expect not exactly braking in it the door and boot is unlocked. I work at a site where all vehicles must be left unlocked and with keys in the ignition. Quote Link to comment Share on other sites More sharing options...
kdubya Posted December 3, 2014 Report Share Posted December 3, 2014 I work at a site where all vehicles must be left unlocked and with keys in the ignition. its obviously not in Liverpool then? KW Quote Link to comment Share on other sites More sharing options...
simjakcal Posted December 3, 2014 Report Share Posted December 3, 2014 as you wernt present when they searched your car,,,i think I would be now making claim's that money has gone missing from your car and you feel this as a more serious issue than a few dead birds in ur boot ! were they tipped off you had them in the boot or was it just a random search....you should of been asked to be present though ! Quote Link to comment Share on other sites More sharing options...
kdubya Posted December 3, 2014 Report Share Posted December 3, 2014 were they tipped off you had them in the boot that was my thought? your mate does not fancy your job does he KW Quote Link to comment Share on other sites More sharing options...
Mentalmac Posted December 3, 2014 Report Share Posted December 3, 2014 All sounds pretty harsh to me. I'd speak to a solicitor if it were me and see what grounds you can stand on. Quote Link to comment Share on other sites More sharing options...
kdubya Posted December 3, 2014 Report Share Posted December 3, 2014 its times like this those nasty trade unions are a godsend. KW Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted December 3, 2014 Report Share Posted December 3, 2014 Is it your private vehicle or a company owned one? Is there anything in your contract informing you of the companies right to search? Quote Link to comment Share on other sites More sharing options...
fenboy Posted December 3, 2014 Report Share Posted December 3, 2014 I would have a look at your terms of employment ( contract ) my means the company may carry out searches on both myself and car at anytime , in reality this has happened twice in 23 years. I would have thought a couple of dead pheasants have less chance of carrying and disease than the wild birds that have free access to the area ! Quote Link to comment Share on other sites More sharing options...
brett1985 Posted December 3, 2014 Report Share Posted December 3, 2014 Which notably is not a crime in England and Wales... very true. thats the US definition by all accounts. in the UK i would probably think that it was either classed as unlawful entry into/onto private property, or trespassing into/onto private property. i think im right in saying that both are actually a civil matter rather than a police matter. either way, from what the OP has stated so far, if it was brought up in front of a judge it would make an interesting case. once again though, we need more details. specifically, what does his staff handbook and contract state. Quote Link to comment Share on other sites More sharing options...
stubby Posted December 3, 2014 Report Share Posted December 3, 2014 the other way, is to deny all knowledge of them (even if you already said they are yours) it's hear say (say you thought they said "pendants") four of us on night work use access equipment which is kept on van roofs, walking on roofs leaves dents, when we were issued new vans, they sent each of us e mails, saying they were charging us £250 each for damage to old vans, the other three plonkers asked if £50 a month could be taken from their wages, I e mailed them back saying it was not me, prove it!!! they took £50 from the other 3 lads, then stopped altogether Quote Link to comment Share on other sites More sharing options...
norfolk dumpling Posted December 3, 2014 Report Share Posted December 3, 2014 Have you a contract of employment as we have just been issues with new ones which coincidentally I noticed contains a very wide search condition. I suspect, having signed this, they could search my car at any time. I might be a little paranoid but noticed just a couple of weeks ago a notice saying there was increased theft from employers. I work for a car rental firm and it seems there have been car mats and handbooks going missing and appearing on EBay. Quote Link to comment Share on other sites More sharing options...
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