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- Newsgroups: misc.consumers
- Path: sparky!uunet!charon.amdahl.com!pacbell.com!att-out!cbfsb!cbnews!ask
- From: ask@cbnews.cb.att.com (Arthur S. Kamlet)
- Subject: Re: Stores can't "detain" shoplifters
- Organization: AT&T Bell Laboratories, Columbus, Ohio
- Distribution: usa
- Date: Sun, 24 Jan 1993 20:24:24 GMT
- Message-ID: <1993Jan24.202424.17585@cbnews.cb.att.com>
- References: <1_k3+rp@rpi.edu> <1993Jan22.193035.11391@craycos.com> <1993Jan23.165358.23188@wuecl.wustl.edu>
- Lines: 43
-
- In article <1993Jan23.165358.23188@wuecl.wustl.edu> gl1@cec2.wustl.edu (Greg Lyon) writes:
- >ewv@craycos.com (Eric Varsanyi) writes:
- >>Actually, my girlfriend works at a Target and when she started they had
- >>a security briefing. No one (not even the security guys at the store)
- >>can 'detain' anyone from leaving, or use any other type of physical
- >>force on them. If someone is observed shoplifting the manager (or
- >>security types) can go over and say anything they want (I'm sure they
- >>make up some good stuff to convince the person that they must stay in
- >>the store, sign a release, etc...) but if the person walks out the
- >>front door they can't stop him/her, if anyone tries the legal fees and
- >>damages possible far outweigh whatever the value of the item they might
- >>be able to carry off.
- >
- > One thing that I've been told is that if a store security officer approaches
- >you and asks to "take a look in" your purse/shopping bag/whatever, you should
- >refuse and ask them to call the cops.
- >
- > If they call the cops, have you arrested and it turns out that you
- >_didn't_ steal anything, you might be able to file false arrest charges against
- >the store and perhaps receive some form of restitution for the incident.
-
- In most states anyone who sees you commit a misdemeanor can place
- you under arrest and use reasonable force to deatin you until the
- police arrive.
-
- A subsequent conviction is a virtually perfect defense against a
- false arrest suit. But if the case is not brought to trial by the
- prosecutor if it is but no conviction results, the false arrest suit
- has to stand on the evidence.
-
- For this reason, many jurisdictions have passed specific ordinances
- dealing with shoplifting, which allows a shopowner to detain you
- upon reasonable suspicion, a lower standard than other misdemeanor
- arrests.
-
- Examples: If a security guard observes you putting a store item
- into your pocket, that is a misdemeanor committed in his presence.
- But if the guard observes Mrs. Jones put store items into a store
- suitcase, and a few minutes later Mr. Smith picks up the suitcase
- and goes to purchase it, under many shoplifting ordinances he can
- detain Mrs. Jones and Mr. Smith.
- --
- Art Kamlet a_s_kamlet@att.com AT&T Bell Laboratories, Columbus
-