What authority does store security have to detain you?

Discussion in 'Off Topic' started by Koda, Aug 8, 2015.

  1. Koda

    Koda
    Oregon
    Silver Supporter Silver Supporter 2016 Volunteer

    Messages:
    3,678
    Likes Received:
    6,424
    I'm curious what authority does store security, employees/managers etc. have to detain you if say some over zealous store employee mistakes you for shoplifting or whatever?

    is this the same for mall cops, rent-a-cops, contracted security etc. ?

    Lets say your out shopping anywhere retail and some over-zealous employee or store security person mistakes you for shoplifting or whatever and stops you from leaving? Can they do that? Can they use physical force? and what else can they lawfully do, search you?

    Just curious.

    p.s. I almost posted this in the general discussion but I’m mainly curious how this applies to an un-armed person but am also curious how this applies to a legally armed person.
     
  2. Certaindeaf

    Certaindeaf
    SE Portland
    Well-Known Member

    Messages:
    10,905
    Likes Received:
    16,246
    I think it's an "observe and report" type deal. They might bounce your head off the concrete for the fun of it though. never know
     
    DuneHopper and Caveman Jim like this.
  3. SHPD_Retired

    SHPD_Retired
    Saint Helens
    Bronze Supporter Bronze Supporter

    Messages:
    815
    Likes Received:
    1,192
    They have the same authority as a private citizen making a citizens arrest. They can detain but are liable if they are wrong.
     
  4. U201491

    U201491 Well-Known Member

    Messages:
    9,857
    Likes Received:
    10,586
    Yes they can stop and detain you, but if they are wrong the liability on them will be beyond huge. Also, anyone can make a citizen arrest, but the ramifications of doing it wrong will haunt you for years.
    I once disarmed a man that pointed a handgun at me and made a citizens arrest. He was out on bail 3 hours before I finished the paperwork.
    Better analyze things well before acting.
    If you are detained without cause demand police presence or call them yourself.
     
  5. Koda

    Koda
    Oregon
    Silver Supporter Silver Supporter 2016 Volunteer

    Messages:
    3,678
    Likes Received:
    6,424
    good advice, thanks for the replies. So essentially they can detain you by placing you under citizens arrest, this means....
    the cops better be on the way.
    they cant physically touch you (unless you really are stealing... *)
    they cant search you

    So how long does one have to wait for the cops to arrive before you can walk away?


    *for this discussion no one is breaking any law.
     
  6. DuneHopper

    DuneHopper
    Unity = Strength
    Never Surrender The Fight Bronze Supporter

    Messages:
    2,926
    Likes Received:
    6,192
    The best way to look at this is your home is private property a store is too. You can detain a person if as was already said there is very good cause. Now sadly the detainment by police and the standard to do so is much lower then a citizen. And is why the store records the action of shoplifting. If they just think you did it and then grab and hold you and you did nothing you could return the favor and file assault charges, the difference in your home is intruders are not invited, therefore you can detain more easily.
     
  7. Dyjital

    Dyjital
    Albany, Ore
    Flavorite Member Bronze Supporter

    Messages:
    6,259
    Likes Received:
    9,651
    Interesting. I've watched the theft people work before in stores and catching the perps.

    I can't imagine how that would work if I were the one they were coming after. "Don't you lay a hand on me, sir you need to take a step back right now... right now..."
     
  8. Koda

    Koda
    Oregon
    Silver Supporter Silver Supporter 2016 Volunteer

    Messages:
    3,678
    Likes Received:
    6,424
    I have to disagree, the store opened their doors to the public but a homeowner does not for an intruder. Much different situation.
     
  9. Koda

    Koda
    Oregon
    Silver Supporter Silver Supporter 2016 Volunteer

    Messages:
    3,678
    Likes Received:
    6,424
    this makes me think. Were law abiding citizens and we didn’t shoplift so....

    we would also have the right to self defense if the story security tried to physically detain you.
     
    BoonDocks36 and Dyjital like this.
  10. Certaindeaf

    Certaindeaf
    SE Portland
    Well-Known Member

    Messages:
    10,905
    Likes Received:
    16,246
    Same as that cat that tried to drive away without a front license plate not long ago. Knock yourself out.
     
    Caveman Jim likes this.
  11. Koda

    Koda
    Oregon
    Silver Supporter Silver Supporter 2016 Volunteer

    Messages:
    3,678
    Likes Received:
    6,424
    that wasnt a mall-cop he was driving away from
     
  12. ZA_Survivalist

    ZA_Survivalist
    Oregon
    AK's all day.

    Messages:
    4,902
    Likes Received:
    6,473
    They have none. They can only trespass you.
    Tell them to fly a kite.
     
  13. jbett98

    jbett98
    NW Oregon
    Bronze Supporter Bronze Supporter

    Messages:
    8,034
    Likes Received:
    12,602
  14. Certaindeaf

    Certaindeaf
    SE Portland
    Well-Known Member

    Messages:
    10,905
    Likes Received:
    16,246
    Campus security.. semantics dead same. anyway what?
     
  15. Certaindeaf

    Certaindeaf
    SE Portland
    Well-Known Member

    Messages:
    10,905
    Likes Received:
    16,246
    'tis getting close to the shopping season, no? lol
     
  16. Koda

    Koda
    Oregon
    Silver Supporter Silver Supporter 2016 Volunteer

    Messages:
    3,678
    Likes Received:
    6,424
    my bad, I thought you were talking about the recent police shooting. I know nothing of a campus security incident.


    to clarify, Im not suggesting anyone fight back.... but if youve done nothing wrong and some over-zealous mall cop tries to pin you you could be injured so.... plus it get worse if your legally armed.
     
  17. Koda

    Koda
    Oregon
    Silver Supporter Silver Supporter 2016 Volunteer

    Messages:
    3,678
    Likes Received:
    6,424
    wasnt he actually shoplifing?

    edit--- the store has a right to set policy to shop there
     
  18. Koda

    Koda
    Oregon
    Silver Supporter Silver Supporter 2016 Volunteer

    Messages:
    3,678
    Likes Received:
    6,424
    akkk dont remind me of that, too soon. lol
     
  19. Stomper

    Stomper
    SCREW YOU SALEM!!
    SCREW YOU SALEM! Gold Supporter

    Messages:
    16,928
    Likes Received:
    36,547
    I don't steal, (let alone cheap Chinese plastic crap) and have at times thought that it would be quite amusing (for me) to explain that "odd shape" under my shirt to store "security".... What's that under my shirt you ask? Y'all sell well used 45 caliber Glocks? No? Well OK then, move along Paul Blart. :rolleyes:
     
  20. DuneHopper

    DuneHopper
    Unity = Strength
    Never Surrender The Fight Bronze Supporter

    Messages:
    2,926
    Likes Received:
    6,192
    Umm isn't that what I said :)
     
    albin25 likes this.

Share This Page