required to stop/cooperate with store security?

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  • JBP55

    La. CHP Instructor #409
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    If your buddy is cool and calm and did nothing wrong why not step into the office and show them he had none of their merchandise on his person. To threaten the security guard, call 911 and consider hiring an Attorney to file suit against the store makes him sound very immature and insecure.
     

    Leadfoot

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    If your buddy is cool and calm and did nothing wrong why not step into the office and show them he had none of their merchandise on his person. To threaten the security guard, call 911 and consider hiring an Attorney to file suit against the store makes him sound very immature and insecure.

    Unless you're SVT.

    Clearly your rights have been violated and any force necessary to prevent that from occurring is justified.
     

    Hitman

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    im not so sure. the 4th amendment only applies to POLICE/government agents. not citizens. at least criminally.

    Good Point! and there was a news story not too long ago about something similar happening where the SG did empty the pockets of the BG and had all the merchandise on the desk when the cops arrived. Afterwards supposedly the lawyer was trying to claim the search as unconstitutional to get the case thrown, but it didn't stand b/c the SG was not an LEO/Gov. Employee etc etc.

    I'll have to do some Google searching to find it.
     

    luv1979

    Genesis 27:3
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    If thou doeth touch the I willeth thenfold be compelled to thump you young man.
    Now please remoeth thou self from my path that I may gallop to my mobile transportation and be gone from such nonsense.

    Hitman, that's just how the writers of the 1611 King James Version would have worded it!
     

    oleheat

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    When we're talking about this in the context of CC, I can't see how insinuating 'what you'd do' to a store security guard who just insulted you would help either your personal cause- or anyone else's. It won't.


    Along from the likely result that your ass would be in a legal jam, it would probably also cause changes in store policy most of us don't want to see, as well:

    No-Concealed-Weapons-Guns-Sign-K-2852.gif






    Keep your cool.
     

    JNieman

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    Yea, sorry, if I'm carrying, no non-LEO is putting his hands on me. I'm responsible for control of that gun and I don't trust any ****in' yahoo retail worker enough for that.

    There's a point where I'll be polite and tell him he's mistaken, and pat my pockets but I'm not going into a lockable, confined office or emptying my pants for them.

    When I first got to the State, I worked at a Best Buy doing warehouse work and loss prevention while I searched for a regular job. I respected very few of my coworkers and supervisors. If they want to be real dicks, they can call a cop - I'll cooperate with THEM... not random $7-8/hr ****offs.

    Then again, I also would let it go when I left the property and probably bitch about it on facebook and immediately stop caring after that. I agree with whoever said he's acting like a child by getting a lawyer and wanting to press charges. He got to do what he wanted to do the entire time. He didn't cooperate with security. He wasn't searched by security. He was permitted to leave under his own power. He voluntarily sat there waiting for the cops. What the **** went /wrong/ for him at all? Did the mean man say a mean word when he asked him to empty his pockets? Oh the hugemanatee :(
     

    oleheat

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    Oh, I'd insist that a LEO be called in, as well. If I am to be accused of something I didn't do, we WILL get it straight. By all means, throw me in dat briar patch! :D


    But I'm pretty sure I can convince them to cool their jets til the LEO arrives without goin' all duffy. :chuckles:
     

    headspace

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    so being armed, i definitely will not "empty my pockets", or allow some store "security" to search me.
    ?
    ....and here I thought he meant that he didn't want his concealed weapon to be discovered.
    Never thought he meant he would shoot the guy. I'm so naive

    Maybe the OP can clarify?
     
    Last edited:

    mcinfantry

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    If I were store security, thought you were shoplifting, asked you to comply, you refused, got all smart, and I thought you were armed, felt the gun, or you said you were armed... You just escalated the situation to what a reasonable person could feel is a felony.

    And I'd smash the **** out of you and tell the cop I was absolutely threatened by an armed shoplifter.

    Try it itoughmen.
     

    jbonnette

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    http://www.legis.state.la.us/lss/lss.asp?doc=112363

    CCRP 215

    Art. 215. Detention and arrest of shoplifters

    A.(1) A peace officer, merchant, or a specifically authorized employee or agent of a merchant, may use reasonable force to detain a person for questioning on the merchant's premises, for a length of time, not to exceed sixty minutes, unless it is reasonable under the circumstances that the person be detained longer, when he has reasonable cause to believe that the person has committed a theft of goods held for sale by the merchant, regardless of the actual value of the goods. The merchant or his employee or agent may also detain such a person for arrest by a peace officer. The detention shall not constitute an arrest.

    (2) A peace officer may, without a warrant, arrest a person when he has reasonable grounds to believe the person has committed a theft of goods held for sale by a merchant, regardless of the actual value of the goods. A complaint made to a peace officer by a merchant or a merchant's employee or agent shall constitute reasonable cause for the officer making the arrest.

    B. If a merchant utilizes electronic devices which are designed to detect the unauthorized removal of marked merchandise from the store, and if sufficient notice has been posted to advise the patrons that such a device is being utilized, a signal from the device to the merchant or his employee or agent indicating the removal of specially marked merchandise shall constitute a sufficient basis for reasonable cause to detain the person.

    C. As used in this Article, "reasonable under the circumstances" shall be construed in such a manner so as to include the value of the merchandise in question, the location of the store, the length of time taken for law enforcement personnel to respond, the cooperation of the person detained, and any other relevant circumstances to be considered with respect to the length of time a person is detained.

    Acts 1983, No. 187, §1; Acts 1987, No. 632, §1.
     

    Bayoupiper

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    So you get accused of shoplifting.

    And you go with them and
    A. Empty your pockets
    B. Wait for LEO to pat you down.

    You don't have any merchandise and are advised you are free to go.
    Can you sue for the embarrassment, detention, and hassle of the situation?





    .
     

    JadeRaven

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    If your buddy is cool and calm and did nothing wrong why not step into the office and show them he had none of their merchandise on his person. To threaten the security guard, call 911 and consider hiring an Attorney to file suit against the store makes him sound very immature and insecure.

    Yeah how long would it have taken to let the security guy do his thing? A whole lot less time and stress than that confrontation for sure.

    I don't know if I would step into an office but I would show my pockets and whatnot.
     

    JadeRaven

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    So you get accused of shoplifting.

    And you go with them and
    A. Empty your pockets
    B. Wait for LEO to pat you down.

    You don't have any merchandise and are advised you are free to go.
    Can you sue for the embarrassment, detention, and hassle of the situation?

    You can sue for anything but there's no guarantee you will get anything out of it.
     

    JR1572

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    I just want to know how does someone get jacked up by loss prevention? I've been in and out of retail stores MY ENTIRE LIFE and I've never been stopped or detained. There may be more to this story.

    JR1572
     

    Vermiform

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    If I were store security, thought you were shoplifting, asked you to comply, you refused, got all smart, and I thought you were armed, felt the gun, or you said you were armed... You just escalated the situation to what a reasonable person could feel is a felony.

    And I'd smash the **** out of you and tell the cop I was absolutely threatened by an armed shoplifter.

    Try it itoughmen.

    And if there are witnesses around or maybe even store cameras, you (the store security) would be going to jail in this scenario.
     

    Emperor

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    From what I see on the news, in the paper, on the streets, and in real life; it seems the discretion used to detain is based on the appearance of said suspects ability level to beat the crap out of said detainer.

    There are some chain convenient stores that are like a personal pantry for thug looking criminals. Need a 12-pack? Look like an animal, proceed to the cooler; grab one, walk out! $10.00 hourly cashier's reaction to theft?

    F**k it they think I'm going to tell that monster anything! ;)
     
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