Can Target security legally detain customers?

[zylander]

A friend of mine works for Target, he started off as a front door security guard and then moved up to the plain clothes guys that walk around the store looking for shoplifters. He and the uniform guards carry handcuffs and he claims that if someone who is suspected of theft leaves the store they have the authority to use what ever force necessary to detain them, (he claims he has physically tackled people before).

The walmart tackling thread made me think about this. Does anyone know if this is true? What makes these security guards any different from the people at BB, Walmart, ect.? What gives them the right to physically lay their hands on someone else? Im just curious, Ive never heard of a retail store security force that has the authority to detain people.

 

[FoBoT]

what gives shoplifters the right to steal
i think property owners have the right to defend their property

 

[TheVrolok]

what gives shoplifters the right to steal
i think property owners have the right to defend their property

Nothing gives a shoplifter the right to steal, but nothing gives a standard employee the right to assault and/or battery (depending on your state) either. So two wrongs don't make a right. I would be surprised if the employees were LEGALLY allowed to detain anyone without violating the lie. However, I wouldn't be surprised if they did it illegally and were NOT punished if the person was in fact shoplifting. I could see people turning the other way on that one.

 

[Malak]

Yes you can legally detain someone for theft.

 

[TheVrolok]

Yes you can legally detain someone for theft.

I don't think that's the case in all states.

 

[Q]

Citizen's arrest

 

[guyver01]

ANYONE can detain ANYONE for any reason... it's called citizens arrest.

now whether or not it will hold up legally, or you subject yourself to FALSE IMPRISONMENT charges, is another story.

But yes, rent-a-cop's can detain someone for the real cops to arrive.

 

[Patranus]

Citizen's arrest

This.

You better make sure you don't screw up.

 

[gorcorps]

Citizen's arrest

Which is fine (in some states) if things are done right. You better be damn sure they stole something though, as that will turn into assault on you very quick if you were wrong.

 

[guyver01]

I don't think that's the case in all states.

Each state, with the exception of North Carolina, permits citizen arrests if the commission of a felony is witnessed by the arresting citizen, or when a citizen is asked to assist in the apprehension of a suspect by police.

 

[JD50]

Nothing gives a shoplifter the right to steal, but nothing gives a standard employee the right to assault and/or battery (depending on your state) either. So two wrongs don't make a right. I would be surprised if the employees were LEGALLY allowed to detain anyone without violating the lie. However, I wouldn't be surprised if they did it illegally and were NOT punished if the person was in fact shoplifting. I could see people turning the other way on that one.

Shopkeepers can detain shoplifters for a reasonable amount of time. It's not assault and/or battery if you're trying to stop someone from stealing something from your store.

 

[Schadenfroh]

A shoplifter once tried to lift a load of expensive (for that store) clothing from a clothing store inside a local mall a few years back. The security guard, wearing a large cowboy hat, tried to pursue him. The shoplifter was fleeing to a residential area near the mall. After the security guard realized that they shoplifter was outrunning him, even with the load of clothes, he enlisted the help of my Aunt who was watching these events unfold. She gave him a lift on (yes, on) her car and he then tackled the shoplifter once the distance was closed before he reached the residential area. I assume he was held till the police arrived.

 

[techs]

Of course, if the store is mistaken they can be sued up the ying yang.
Right?

 

[guyver01]

Of course, if the store is mistaken they can be sued up the ying yang.
Right?

Yes... if you hold someone illegally, you can be held liable for FALSE IMPRISONMENT ... and if you "tackle" them .. for ASSAULT.

A person who makes a citizen's arrest could risk exposing him or herself to possible lawsuits or criminal charges (such as charges of impersonating police, false imprisonment, kidnapping, or wrongful arrest) if the wrong person is apprehended or a suspect's civil rights are violated.

 

[Q]

A shoplifter once tried to lift a load of expensive (for that store) clothing from a clothing store inside a local mall a few years back. The security guard, wearing a large cowboy hat, tried to pursue him. The shoplifter was fleeing to a residential area near the mall. After the security guard realized that they shoplifter was outrunning him, even with the load of clothes, he enlisted the help of my Aunt who was watching these events unfold. She gave him a lift on (yes, on) her car and he then tackled the shoplifter once the distance was closed before he reached the residential area. I assume he was held till the police arrived.

Someone get that man a Klondike Bar

 

[jlee]

Nothing gives a shoplifter the right to steal, but nothing gives a standard employee the right to assault and/or battery (depending on your state) either. So two wrongs don't make a right. I would be surprised if the employees were LEGALLY allowed to detain anyone without violating the lie. However, I wouldn't be surprised if they did it illegally and were NOT punished if the person was in fact shoplifting. I could see people turning the other way on that one.

New Hampshire RSA 627:8-a Use of Force by Merchants. –
I. A merchant, or his or her agent, is justified in detaining any person who he or she has reasonable grounds to believe has committed the offense of willful concealment or shoplifting, as defined by RSA 644:17, on his or her premises as long as necessary to surrender the person to a peace officer, provided such detention is conducted in a reasonable manner.

Feel free to be surprised.

 

[TheVrolok]

Feel free to be surprised.

I'm not surprised that it would be legal somewhere, I would be surprised if it were legal EVERYWHERE under all circumstances. State/local laws vary so frequently that I just think the odds are against it.

 

[zerocool84]

A regular employee will pretty much get sued. Let the security/undercover security take care of it. They have to take special training to do what they do and they pretty much have to see the person taking something and AFAIK can't chase them outside the store.

 

[jlee]

I'm not surprised that it would be legal somewhere, I would be surprised if it were legal EVERYWHERE under all circumstances. State/local laws vary so frequently that I just think the odds are against it.

For a statement that contains two absolutes, of course the odds will be against it.

 

[TheVrolok]

For a statement that contains two absolutes, of course the odds will be against it.

Thus my surprise. 🙂

 

[JD50]

I'm not surprised that it would be legal somewhere, I would be surprised if it were legal EVERYWHERE under all circumstances. State/local laws vary so frequently that I just think the odds are against it.

Why would that surprise you? It's a common sense law and it is most likely legal EVERYWHERE (with maybe one or two exceptions). I worked LP for the Home Depot before I became a cop and I believe we had loss prevention in all of our stores.

Edit - What do you mean by "all circumstances?" I think the only circumstance we're talking about here is when LP catches a shoplifter stealing something. Generally the rule is that you have to see them conceal the merchandise and you can't lose sight of them until they pass the point of sale, then you can detain them.

 

[alien42]

big retailers have very strict policies to avoid legal liabilities. i am sure Target has a policy that the crime must be witnessed and eye sight can not be lost after that until one of a few people authorized can detain them. that was the corporate policy at Toys R Us when i worked there a decade ago.

 

[jlee]

Thus my surprise. 🙂

That's not what you said, dude. Your original post said:

I would be surprised if the employees were LEGALLY allowed to detain anyone without violating the lie.

😉

 

[Lithium381]

I went to a meeting a month ago about loss prevention. We were told under no circumstances could we use physical force(of ANY amount) to hold someone. We actually saw cases where people would PRETEND to steal to try and get assaulted and open up a lawsuit. Only thing we can do is politely ask if they would like to pay for XXXXX item that they have. If someone wanted they could walk in, and walk straight out the front door with a basketfull of merchandise and i could do NOTHING to stop them. Just hope the police are around, because otherwise, retailers/employees are powerless.

 

[guyver01]

We were told under no circumstances could we use physical force(of ANY amount) to hold someone. We actually saw cases where people would PRETEND to steal to try and get assaulted and open up a lawsuit.

If someone wanted they could walk in, and walk straight out the front door with a basketfull of merchandise and i could do NOTHING to stop them. Just hope the police are around, because otherwise, retailers/employees are powerless.

That's usually a corporate decision weighing the legal rammifications against taking action. In most cases the company would rather let the items become a "shring statistic" than to open themselves up to lawsuits or worse.

my mom works as an EVP of a Bank and they were told by the higher ups.. if someone comes in to rob the bank and demands money... give them whatever they want.

between security cameras, dye packs, FBI, etc... they'll eventually get it back. They don't want to risk employee lives and worse.