Can Target security legally detain customers?

[LTC8K6]

North Carolina allows a private citizen to detain criminals.

G.S. 15A-404 Detention of offenders by private persons.

(a) No Arrest; Detention Permitted. - No private person may arrest another person except as provided in G.S. 15A-405 [assisting law enforcement officers in making an arrest.] A private person may detain another person as provided in this section.

(b) When Detention Permitted. - A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:

(1) A felony,

(2) A breach of the peace,

(3) A crime involving physical injury to another person, or

(4) A crime involving theft or destruction of property.

(c) Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.

(d) Period of Detention. - The detention may be no longer than the time required for the earliest of the following:

(1) The determination that no offense has been committed.

(2) Surrender of the person detained to a law enforcement officer as provided in subsection (e).

(e) Surrender to Officer. - A private person who detains another must immediately notify a law enforcement officer and must, unless he releases the person earlier as required by subsection (d), surrender the person detained to the law enforcement officer.

 

[illusion88]

In Utah, and I am sure in other states, you can get something called a "guard card". It basically certifies you as a security guard. You can even get one that allows you to carry a weapon. I imagine, although I haven't looking into it, that this would allow you to defend the shops merchandise with force. I would assume that if they see someone shoplift they could use force (tackle) to prevent the shoplifter from leaving. My place of business employs a security force, call them Public Safety, that can detain people. They also have pepper spray.

But honestly, their best weapon is their cell phone which they will use to call the real police.

 

[ussfletcher]

Well like others have said, for the most part its legal to detain someone for committing any felony in your presence. That said, if it isn't a felony (I believe sometimes shoplifting is a misdemeanor) and they press charges, you may be screwed.

 

[guyver01]

(I believe sometimes shoplifting is a misdemeanor)

Petty larceny, which is stealing an item worth less than a certain dollar amount, is a misdemeanor.

Over that amount, the offense is grand theft, which is a felony.

The dollar amounts that determine petty larceny or grand theft vary from state to state.

 

[TurtleCrusher]

I am not a rep of Target. Just getting this over with first.

I work for Target Security. Any force used to detain a shoplifter must be reasonable and just. It is within merchant statute laws that allow citizens detaining other citizens for non-felony crimes.

I'm somewhat surprised. A lot of you have no idea what you are talking about, so stop trying. I pretty much earn my living abiding by company policies and state laws. Anyone can detain you outside of the premises in which the theft occurred, yet companies don't condone that as safety is severely compromised for the employee and others around. Loss Prevention can use any force necessary to keep you there. This includes tackling and using any actions to prevent/stop the subject from assualting the employee. However, it is against some companies policies to have these actions take place.

Most arrests (9 of 10) go without physical intervention, so some LP might not ever have to encounter these problems. Of the arrests that do involve physical intervention, most go with a minor detainment. The few that go against the norm are higher level boosters, which will do everything and anything to get away.

I've already been punched, kicked, kneed, pricked and scraped up by detaining shoplifters. Some I had to just get a hand on to calm down. Some have outright swung at me and my partners. We do what we need to do for our safety and others; including the shoplifter.

Edit: What a terrible title. They certainly are not customers if they are shoplifting. They are criminals.

 

[Red Dawn]

Yes you can legally detain someone for theft.

And if you haven't stolen anything but as accused and confronted outside the premises do you have the right to defend yourself from unlawful detainment? I know it's rare but if you are accused and actually didn't steal anything are you obligated to let them detain you? If they try to cuff you would you be within your rights to physically prevent them from doing it, going as far as striking them if they insist on trying?

 

[guyver01]

They certainly are not customers if they are shoplifting. They are criminals.

uh huh...

like the "criminals" in this article? http://www.consumeraffairs.com/retail/target_security.html

and you wonder why people have no respect for the "rent-a-cops" that work loss prevention or mall security.

Worse ego trip than an internet forum mod. Slap a fake badge on 'em and it goes to their head.

 

[TurtleCrusher]

uh huh...

like the "criminals" in this article? http://www.consumeraffairs.com/retail/target_security.html

and you wonder why people have no respect for the "rent-a-cops" that work loss prevention or mall security.

Worse ego trip than an internet forum mod. Slap a fake badge on 'em and it goes to their head.

If that is any bit true, i'm 100% sure that employee was fired or taken out of their assets protection department. Some people go rogue and keep at it until they fuck up like that.

Never, EVER do I apprehend someone unless there is 100% proof that the theft occurred. I don't need an admission. I make sure they are guilty before they say a word.

Just a note on that, I don't actually think it's a true record of the incident at hand. Target goes two completely different routes when a theft occurs, and that was a mixture of both which never happens. I most likely think the woman was questioned by a uniformed guard which may or may not have the ability to arrest alone, the woman went home angry with the merchandise and vehemently wrote up the bogus story. I don't doubt the guard asking for his shit back, but THEN arresting them when they don't get it back? Never happens. I mean it too. That NEVER happens.

 

[Turin39789]

And if you haven't stolen anything but as accused and confronted outside the premises do you have the right to defend yourself from unlawful detainment? I know it's rare but if you are accused and actually didn't steal anything are you obligated to let them detain you? If they try to cuff you would you be within your rights to physically prevent them from doing it, going as far as striking them if they insist on trying?

Step 1. Go to target
Step 2. Fake steal
Step 3. .....
Step 4 Fisticuffs

 

[T9D]

...

 

[Red Dawn]

Step 1. Go to target
Step 2. Fake steal
Step 3. .....
Step 4 Fisticuffs

Nope, not interested causing some guy who does LP for Target any trouble nor myself any trouble. Those people are just trying to make a living like the rest of us.

edit: After watching that video of Target LP in action it seems they overwhelm you with numbers which is smart.

 

[Spineshank]

My buddy used to work security at Target and he claims otherwise. He said its real easy to steal from Target..even if they see you on camera they cant detain you.

 

[gorcorps]

My buddy used to work security at Target and he claims otherwise. He said its real easy to steal from Target..even if they see you on camera they cant detain you.

You must be in one of them there shit states

 

[TurtleCrusher]

My buddy used to work security at Target and he claims otherwise. He said its real easy to steal from Target..even if they see you on camera they cant detain you.

Are you fucking retarded? I just admitted I work there and what I do.

http://www.youtube.com/watch?v=x5Fa9gsxnwQ

Simple 1 minute youtube search. Target LP in action.

 

[rudder]

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.

Exactly and the rent-a-cops had better be 110% sure they saw what they thought they saw. I think in most cases of people being detained there is video evidence.

 

[rh71]

this is all wrong... it hurts too much to tackle someone on pavement.

 

[Red Dawn]

Are you fucking retarded? I just admitted I work there and what I do.

http://www.youtube.com/watch?v=x5Fa9gsxnwQ

Simple 1 minute youtube search. Target LP in action.

Lol, they don't fuck around. Even with all the Security how much does the average Target Store lose annually to Shoplifters?

 

[child of wonder]

My sister in law was a plain clothes loss prevention associate at Wal-Mart for a while. She explained the rules as:

If you suspect someone of stealing you must maintain visual contact with them the entire time they're in the store. If they go into a changing room or the bathroom, you're done unless you witness another act after that which would make you think they stole something else.

If visual line of site is not maintained they cannot stop someone from leaving the store. She tried to do this and was fired for it because she lost contact with the person for 2 minutes.

 

[RadiclDreamer]

Citizen's arrest

Wrong, they have to be doing a felony crime.

United 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. The application of state laws varies widely with respect to misdemeanors, breaches of the peace, and felonies not witnessed by the arresting party. American citizens do not carry the authority or enjoy the legal protections held by police officers, and are held to the principle of strict liability before the courts of civil- and criminal law including but not limited to any infringement of another's rights.[30]

Though North Carolina General Statutes have no provision for citizens' arrests, detention by private persons is permitted and applies to both civilians and police officers outside their jurisdiction. Detention is permitted where probable cause exists that one has committed a felony, breach of peace, physical injury to another person, or theft or destruction of property. Detention is different from an arrest in that in a detention the detainee may not be transported without consent.

 

[Vonkhan]

bud I knew in college hit different Targets, Wal-Marts and Circuit Citys on a regular basis netting $800+ easy in a month, this was in 2002-03

Before the new packaging system for computer / video games, serial numbers being printed on packaging, etc.

 

[Spineshank]

You must be in one of them there shit states

Yea i do...its called PA.

 

[Spineshank]

Are you fucking retarded? I just admitted I work there and what I do.

http://www.youtube.com/watch?v=x5Fa9gsxnwQ

Simple 1 minute youtube search. Target LP in action.

Apparently you are for not knowing that every state has different laws about shit like this.

 

[vshah]

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.

thank god he was wearing that cowboy hat

 

[bobdole369]

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).

It's called a citizens arrest. The police know who these guys are and generally won't charge them for simple battery in a scuffle.

Just like you or I, if you ***actually observe*** (and are willing to testify under oath) larceny from a building (aka a felony, injury to a person, damage to property > a certain amount etc), you have the right to detain another citizen using "reasonable" force until the authorities arrive. The suspect has every right to try and sue you later on for any injuries suffered, or to compel the DA to press charges for battery and whatnot. It never flies.

Interestingly states laws vary on trespass (as in if you are loitering or causing a scene and the owners wish you to leave). In some states they have no right to touch you until law enforcement arrives.


http://en.wikipedia.org/wiki/Citizen's_arrest

 

[bobdole369]

Also (at least in florida) most retailers are NOT in the business of actually pressing charges. It is enough to get the cops to obtain restitution and bar the person from entering the property. Walmart doesn't have the resources to always be in court prosecuting every petty thief.