Comments

You must log in or register to comment.

tuesday wrote

Requisite disclaimer, I am not a lawyer, this is not legal advice:

In the United States there's something called Shopkeeper's privilege, which allows them the privilege of detention of a person that is suspected of shoplifting. There are 4 requisite conditions of the shopkeeper's privilege.

  1. the shopkeeper has to have reasonable grounds to suspect a person.
  2. Only reasonable, nondeadly force can be used to effect a detention.
  3. The detention can only last as long as the time necessary to make a reasonable investigation of the facts.
  4. The investigation has to be conducted near or on the premises and the detention should be either in the store or in the immediate vicinity. Common law generally allows the pursuit to recapture stolen goods, but stores will typically dissuade pursuit because it opens up a different set of liability.

So the answer is maybe you could have gotten away if you ran and ran fast enough, they probably wouldn't chase you. but also there's cameras in the parking lot so it wouldn't be hard to figure out which way you went. If you were in a car they'd have your plate numbers. And they can, if they want to, physically force you to comply, but they have to "be reasonable" which, you know, doesn't mean much.

3

[deleted] wrote

−3

tuesday wrote (edited )

why the fcuk do you have standing to say ANYTHING?

I'm in school to become a legal worker. I thought some context might be helpful considering that OP asked if they are physically allowed to stop them. The short answer is yes, because of shopkeeper's privilege.

Who's to say what's reasonable?

A judge, usually. I didn't write the language, just passing on what it is. If you're mad at the vagaries of American law then idk what to tell you because it's literally entirely bullshit that's balanced on the fiction that a piece of paper has the capital a authority over everything on so-called American land.

Shopkeepers' privilege is an archaic law that doesn't quite make today's standards of clarity and enforceability, let alone hold in court.

Eeeeeeh, the common law concept has been made into state statute, so it isn't like it isn't a thing that exists in law. It does. It's just called things like Section 218 of the New York General Business Law or California Penal Code Part 1 Title 13 Chapter 5 490.5.f. Without knowing there OP lives it's not super effective to point out each state's individual answers.

3

[deleted] wrote

−4

tuesday wrote

Hey, first off please don't refer to me as Mr. anything. I have my pronouns listed clearly on my profile. It isn't hard to check.

Someone asked a question about a subject matter that I'm currently studying. I made it clear that I wasn't offering advice, just pointing out an answer to a question - does LP have a right to get physical? The answer is yes. Is there language like "reasonable" and "unreasonable" written into law? Again the answer is yes. Look up the reasonable person doctrine. That's a valid legal standard. A person is allowed to do what they want and then a judge decides after the fact, if it was indeed reasonable. That's how it works. This is literally why cops will say that they had "reasonable suspicion" when they pull someone over or do a stop and frisk. It doesn't matter if they actually had reason, they said it was reasonable because that's what the law requires.

Be mad at the law, absolutely, it's fucking ridiculous. But leave me out of it. I answered a question.

5

[deleted] wrote (edited )

−1

tuesday wrote

all-too-common "I'm not a lawyer but ..." which I hear all the time.

Right but as a person who is going into legal work I am actually obligated to say that by the fact that I am not a lawyer and nothing I say should be construed as legal advice. Specifically because should my irl name get attached to something that could look like legal advice I could be charged with a felony.

2

granite wrote

Dog if you wanted real advise. You should have ran. Nobody is going to tackle you over a Roku and a blow torch. You could have taken your chances and not be seen again for a few weeks and voila! You can re enter that same store knowing very well you have at the least one more chance to do it again before they attempt to save the video footage. Now give it at the least 6 weeks of course, cause them video surveillance cameras they use at Walmart superseed Pentagons security cameras.

3

jbrn3237 wrote

Had friends get tackled years ago over one-hour photos they had not paid for when they ran there years ago; I've been gripped up at similar box stores too. That's not to say I haven't successfully outran them before too, but that's usually only when I saw lp coming. One time I saw the lp following me after I pocketed something and managed to wait them out until their shift was over haha

5