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[deleted] wrote

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BigThief wrote

@h8slowingdown I agree with u/Sh0plyft3r you need to read each states law on shopkeepers privilege. It depends on the person detaining you. A cop, and in some jurisdictions a former cop, can legally detain for a period of time to ascertain if a crime has been committed. In addition you have laws around citizen's arrest that an individual, or a group of individuals, can legally detain you if you have committed a breach of the peace. You can google that to realize that definition is fairly vague.

For both citizens arrest and shopkeeper's privilege you have common law and state statues. Every lifter should read the laws of where they are lifting merchandise from and ALSO the laws of where the lifted merchandise is transported and or shipped to.

And aside from all this; anyone can hold your ass down. I reckon most cops are not going to care if they suspect the person being held committed a crime. Even fewer DAs are going to care to prosecute. At best you may file a civil case but how many lifters will really want to file a court record arguing someone restrained them illegally and have all that data indexed and publicly available?

Now, all of the above only applies to the US and US territories. I know nothing about international law.

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Sh0plyft3r wrote

LP CAN detain you. It is called shopkeepers privilege. Suggesting it is illegal for them to detain you is terrible advice because it’s 100% wrong.

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h8slowingdown wrote

Yikes! The more you know!! Guess I must have just gotten lucky pulling the medical card. Went ahead and deleted the misinformation

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falcons wrote

As former LP, yes we can detain you per state, and most states laws, with handcuffs, whether you like it or not. I worked for Target and they were hands on and i believe still are. Per our AP directive at the time we were allowed to use "The amount of physical force necessary in order to detain a suspect". I'm sure this has been amended slightly since then but probably not much. No ID? No problem, we'll let the cops sort that out. Stores I worked at prohibited us from searching, but if you failed to cough up the merchandise or provide ID, cops were being called 100% of the time. Also if the dollar amount was over $20, cops were getting called regardless.

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marcus66502 wrote

As former LP, yes we can detain you per state, and most states laws, with handcuffs, whether you like it or not.

You can perform a citizen's arrest is what you can do. I've already mentioned that. There's no disagreement here. At the same time, as BigThief said, "anyone can hold your ass down." Citizen's arrests can be done by anybody, so there's no special powers bestowed upon you as LP or whatever you call yourself. If you're not a police officer, then you're a private citizen. There's nothing in between.

I stand by the last part of my post very firmly. It takes a while for a novice to realize that the threat of calling the police is the oldest and most effective trick in the LP book of tricks. If you're going to call the police you go ahead and call the police, but i'm not doing anything you want me to do. That would be an acknowledgment that you somehow have more powers than Joe on the street. This is what you're hoping and praying for, and it's not going to happen.

Again, no u don't have a right to see ID any more than the next guy. And if you hold me down, you'd better state that I'm under arrest and what for. Otherwise I'm going to make sure you catch an "unlawful detention" charge (Hint: it's a criminal offense). In particular, if you're not citizen-arresting me, then you can't be blocking my exit, as you love to do all the time. You're going to find out the hard way that detention by private citizens is not viewed favorably by the courts at all. You're going to need a damn good reason.

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WatchingYouConceal wrote

You are incorrect again. LP does have special powers to detain (not a citizens arrest).

“Shopkeeper's privilege is a law recognized in the United States under which a shopkeeper is allowed to detain a suspected shoplifter on store property for a reasonable period of time, so long as the shopkeeper has cause to believe that the person detained in fact committed, or attempted to commit, theft of store property.”

Source: https://www.expertlaw.com/library/personal-injury-and-torts/false-imprisonment-and-unlawful-detention

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