What authority does store security have to detain you?

[Koda]

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.

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[Certaindeaf]

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

 

[SHPD_Retired]

They have the same authority as a private citizen making a citizens arrest. They can detain but are liable if they are wrong.

 

[U201491]

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.

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.

 

[Koda]

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.

 

[DuneHopper]

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.

 

[Member 5605]

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..."

 

[Koda]

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.

I have to disagree, the store opened their doors to the public but a homeowner does not for an intruder. Much different situation.

 

[Koda]

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..."

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.

 

[Certaindeaf]

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.

Same as that cat that tried to drive away without a front license plate not long ago. Knock yourself out.

 

[Koda]

Same as that cat that tried to drive away without a front license plate not long ago. Knock yourself out.

that wasnt a mall-cop he was driving away from

 

[ZA_Survivalist]

They have none. They can only trespass you.
Tell them to fly a kite.

 

[jbett98]

A man leaving a Costco store refused to show his receipt for his purchases when he was leaving the store.
A shouting match ensued and when he pushed his way past the store employee, another employee ended up breaking the guys leg with a martial arts move.
The guy sued Costco and I believe it was settled out of court.

https://www.google.com/url?sa=t&rct...N2bfRuVo-pNMGda1g&sig2=BM6oCiMzyVpBLAYzqoJmmw

 

[Certaindeaf]

that wasnt a mall-cop he was driving away from

Campus security.. semantics dead same. anyway what?

 

[Certaindeaf]

'tis getting close to the shopping season, no? lol

 

[Koda]

Campus security.. semantics dead same. anyway what?

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.

 

[Koda]

A man leaving a Costco store refused to show his receipt for his purchases when he was leaving the store.
A shouting match ensued and when he pushed his way past the store employee, another employee ended up breaking the guys leg with a martial arts move.
The guy sued Costco and I believe it was settled out of court.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0CCUQFjABahUKEwjx9eXki5vHAhVXKYgKHXJcAgs&url=http://kdvr.com/2014/09/27/lawsuit-costco-employee-broke-mans-leg-when-he-refused-to-show-receipt/&ei=ds3GVfHiDtfSoATyuIlY&usg=AFQjCNEPfvNRDfuEVN2bfRuVo-pNMGda1g&sig2=BM6oCiMzyVpBLAYzqoJmmw

wasnt he actually shoplifing?

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

 

[Koda]

'tis getting close to the shopping season, no? lol

akkk dont remind me of that, too soon. lol

 

[Stomper]

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.

 

[DuneHopper]

I have to disagree, the store opened their doors to the public but a homeowner does not for an intruder. Much different situation.

Umm isn't that what I said