I'm gonna step in here. A shop keeper has the right to detain you, and if you comply with the request, then that is fine. BUT, they cannot use physical force. If someone wants to walk on out, and a shop keeper physically places their hands on the person, then the customer would have very heavy grounds for an assault charge. The only way the store personnel might get away with a physical detention is if the suspect actually did steal an item and the prosecutor refuses to pursue charges against the shopkeeper or personnel. Even then, the person probably would be able to win a civil suit against the store.EEllis wrote:What cause of action do you think you will have against them if they do search you? They are allowed to search for stolen items, that's the investigation part, but a weapons check would be different. Honestly tho all references I've made to searching were the equivalent to a Terry Search, which is a quick check for weapons only, after someone has been forcibly detained and cuffed. You're not arguing with the handcuffing part of it but a quick pat of your pockets after they cuffed you is crossing the line? What logic is that? What cause of action do you think you could purse if they did? Is there any court anywhere going to say ok to cuffing but must leave suspects gun in his holster? Reality check here!Cedar Park Dad wrote:Yes again please show the criminal statute where a non LEO can search you.EEllis wrote:You would be sitting in cuffs and you think objecting to a pat down matters? The seizure of your person is much bigger that any issue with a search. They can lawfully do one and you think somehow the other would be off limits?ralewis wrote:
Yes. I think a pat down crosses the line. I would strenuously object to a pat down or search and demand law enforcement be called. Seems that unless you see a badge, the approach ought to be to treat any physical contact as a possible assault and evaluate your options accordingly.
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Return to “Mall security and right to physically detain you”
- Thu Jan 22, 2015 5:27 pm
- Forum: General Texas CHL Discussion
- Topic: Mall security and right to physically detain you
- Replies: 281
- Views: 49309
Re: Mall security and right to physically detain you
- Sat Dec 20, 2014 3:55 pm
- Forum: General Texas CHL Discussion
- Topic: Mall security and right to physically detain you
- Replies: 281
- Views: 49309
Re: Mall security and right to physically detain you
Not really. This topic is about security guards, and not police officers. The police officer in this case would have had the right to totally detain the individual and temporarily hold the items until the individual complied with showing the receipt. I personally would not have had near the patience with the guy that the officer did.EEllis wrote:Keith B wrote:This is really not applicable as it was a police officer that was asking for the receipt, not a mall security officer. (plus the guy was being a jerk overall.)EEllis wrote:
Yeah, no one on hear would ever be a jerk. :eyeroll:
I wasn't trying to say it was exact but I thought it had some relevance
And, yeah, some people are jerks, even some of our forum members.
- Sat Dec 20, 2014 3:44 pm
- Forum: General Texas CHL Discussion
- Topic: Mall security and right to physically detain you
- Replies: 281
- Views: 49309
Re: Mall security and right to physically detain you
This is really not applicable as it was a police officer that was asking for the receipt, not a mall security officer. (plus the guy was being a jerk overall.)EEllis wrote: