I have never heard of a security guard "touching" anyone unless it was for first aid reasons or in a case of restraining someone who is a hazard to themselves or other shoppers(I'm talking some idiot with a gun or knife). I actually worked at a mall in Boston while I was in school doing security. The company policy was "hands off". In fact, almost all of the stores had similar policies for their loss prevention staff. If they thought someone was shoplifting they called us, who called the Police. In this day an age everybody is worried about law suites & bad press, having security guards touching people is a bad idea. This mall, like others in large cities, had a huge gang problem as well as the issues with teenagers & people with serious drug/booze problems.
Basically, as far as I know, it considered assault to lay hands on someone unless you are defending yourself. Literally, if a security guard frisked a patron, that guard would most likely face simple assault charges. Just grabbing someone is considered assault. Malls are considered private property, with public access. So they can have dress codes, codes of conduct, and general rules for the establishment because of the private property aspect. But the public access aspect forces them to adhere to the States standards for harassment, ect. Now if your violating one of the rules they can ask you to leave. But if you refuse, they then have to call the Police to have to removed. They can't drag you out. Searching someone without Police powers is against the law. If you were searched with a metal detector that is allowed, but you have the right to refuse, in which case they have the right to ask you to leave/deny entrance.
Only Fed, Sate, & local law enforcement has the authority to detain or search you against your will, and even then it has to be under the appropriate circumstances.
Best,
Dani
