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- From: konstan@saturn.cs.umn.edu (Joe Konstan)
- Subject: Re: Stores can't "detain" shoplifters
- Message-ID: <C1BtDM.GKy@news2.cis.umn.edu>
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- Organization: Department of Computer Science, University of Minnesota
- References: <1_k3+rp@rpi.edu> <1993Jan22.193035.11391@craycos.com> <1993Jan23.165358.23188@wuecl.wustl.edu> <1js6d4INNj1n@mojo.eng.umd.edu>
- Date: Sat, 23 Jan 1993 21:36:58 GMT
- Lines: 36
-
- In article <1js6d4INNj1n@mojo.eng.umd.edu>, georgec@eng.umd.edu (George B. Clark) writes:
- |> Stores have every right to detain by physical means, if necessary, anyone
- |> suspected of shoplifting. There are two conditions: a) They must have
- |> probable cause. b) They cannot detain a person for more than a
- |> reasonable length of time, usually one hour.
-
- |> The same applies to private citizens, in general. Any citizen has the
- |> right to detain by physical means, if necessary, anyone suspected of
- |> committing a crime. The crime doesn't even have to be a felony.
-
- Based on the law in which state? I certainly don't know Maryland law,
- but in California (where I lived for five years until recently) the
- citizen's arrest laws only allowed citizen's arrest by a citizen that
- PERSONALLY WITNESSED a FELONY. I'm interested both in whether this law
- varies state-to-state and whether I'm misinterpreting it here.
-
- I'm particularly interested in the idea that "probable cause" and
- "reasonable length of time" enter into this. I would assume that
- private citizens or stores would have an obligation to inform and
- summon police immediately.
-
- |> Stores often instruct their employees not to physically retrain a
- |> shoplifter, however, but this is only to reduce their liability risk,
- |> either from an injured employee, injured suspect, etc. These policies
- |> have nothing to do with the store's legal rights.
-
- I certainly agree that a store would have a high liability risk by
- detaining someone. I'd also guess it would cost them more money to
- establish probable cause in court (let alone the rest of the suit)
- than to follow this policy. And, they would be opening themselves up
- to criminal proceedings if their probable cause wasn't sufficient.
-
- Interesting stuff.
-
- Joe Konstan
- konstan@cs.umn.edu
-