accomplice in theft

If the store has evidence of the thet and can tie you to it and ID you yes they can. Naming the store and items taken was probably not very wise

 

Stores don't issue warrants. You have nothing to worry about since they didn't stop you and don't know who you are. I'm sure you are mistaken and you weren't even there to begin with.

You can possibly get yourself into trouble if you have knowledge of the intended theft going in. Learning of it after the fact does not make you guilty of anything.

If loss prevention, security, or anyone other than the police ever try to stop you, do yourself a favor and keep walking, guilty or not.

 

As a former LPM I would advise against walking away. If your post is accurate they cannot connect the dots to you. If for some reason they do and you refuse to go with them you are now resisting and if store policy permits it they can use reasonable force. However you can refuse to answer any questions about incident. Once again I doubt they have enough to even want to question you so your worries are really pointless

 

Loss Prevention Officers are not police officers and there is no obligation to comply with their requests whatsoever. Anyone in their right mind, guilty or not, would not comply with their requests. Granted, they may make a citizen arrest, but odds are that store policy prevents them from doing so, and they and the store are civilly liable if they act improperly.
Obviously it is best to behave yourself and not get into these situations, but know your rights and exercise them. Refusal to comply with a store's loss prevention will not result in a resisting arrest offense.

 

Did I say "resisting arrest"? no I did not I said resisting and if store policy permits they can use reasonable force.

 

If a store employee or other private person prevents someone from leaving they are in fact making an arrest, whether or not force is used. Regardless of store policy, if a private arrest is made it had better comply with the laws of arrest or else there may be a civil lawsuit.
It is in a persons best interest to move along unless ordered to stop by clearly identified law enforcement.

 

NO store Loss Prevention team will even make contact with a subject unless they plan to detain the person.

 

They have no authority to detain anyone for any reason. If they create a situation where someone is not free to leave at any given moment they have made an arrest and assume some civil liability.
They may request someone to come with them, but it must be consensual. Otherwise the person may simply walk away.
Employees who hold someone against there will, even if to await the arrival of police, had better be sure they comply with the laws of arrest. Most crooks won't know any better, but sooner or later someone will come along and spank the employee and the store with a civil rights suit.

 

Yes they have same powers as any non law enforcement person its called citizens arrests and Loss Prevention do this every day! You know this! They subject to same civil liability as you for a false arrest. This why (like you) have guidelines to follow before making contact with a subject. It because of these guidelines I believe no one will detain you at this point

 

"Detain" and "arrest" are not interchangeable. A private person might make an arrest, but they have no authority to detain.

A person who walks away from a private citizen attempting an arrest is not committing an offense for resisting arrest. I believe that only applies to clearly identified law enforcement.

A private citizen who uses force to make an arrest runs a high risk of committing battery.

If they manage to make the arrest by force, good for them. My comment was that there is no obligation of anyone to acknowledge the existence of employees trying to stop them. Crooks would be wise to keep it moving, for obvious reasons. Anyone else would be wise to avoid the hassle of store employees who have no authority to order them to do anything at all, including requests to look at receipts and inspect the contents of bags.

 

and my point was that refusing to cooperate could lead to a physcial conflict. If the subject has not done anything wrong and does have unpaid for merchandise on them they have no reason to avoid or refuse LP contact. So you a "Peace Officer" are advising crooks to flee LP contact?

 

All alleged miscreants are innocent until proven GUILTY in a court of law.

If a suspected shoplifter were to ignore the demands of a store security person in Texas there is relatively little under Texas law the he or she can do, beyond what a private person is able to do under Texas law.

Here is an excerpt from the Texas Department of Public Safety Security Officer Certification Course:
Power To Arrest
The Role and Responsibilities of the Security Officer
Part A.

It is important to remember:
A security officer is not a peace officer!!!
A peace officer is defined in the Texas Penal Code as a person elected, employed or appointed as a peace officer under Article 2.12 of the Code of Criminal Procedure.
Common examples of this would be a Sheriff and their deputies, city police, state police (DPS), constables.
Peace officers are also considered Public Servants in the Penal Code.
The Code of Criminal Procedure does not list a private security officer as a peace officer.
How are security officers different from peace officers?

Security officers do not have:
The same job duties as peace officers;
the same training; or
the same powers as peace officers, according to the law.
What happens when a security officer pretends to be a peace officer?

Any security officer who pretends or even implies [lets others think] that he is a peace officer is committing a crime. The Penal Code, in Section 37.11 makes it an offense to falsely identify yourself as a peace officer (public servant). A person who is found guilty of impersonating a peace officer could be punished by a fine or county jail sentence, or both.



What are a security officer’s roles and responsibilities?
A security officer’s role is to protect the people and property of his or her employer or contracted clients.
A security officer’s responsibility before an incident / offense has occurred is Prevention.
A security officer’s responsibility after an incident / offense has occurred is to Observe and Report.


What is a Peace Officer’s job?
Peace officers are law enforcement officers such as Sheriffs and their Deputies, Constables, Marshalls, members of a city police force and other officers whose duty is to enforce the law and preserve the public peace. If a law is violated, peace officers are required to pursue and apprehend the person responsible. This is not required or expected of a security officer!

Another typical situation might be: A person intends to steal from a store but sees a uniformed officer on patrol. The person leaves the store without stealing anything. The officer, simply by being there in uniform, has prevented a crime.




[You should call the police, then observe and report.]
#2:
While you are guarding a sporting goods store, a man runs out of the store. Ten seconds later, the owner runs to you and says there has been a robbery. What should you do?
[Have the owner call the police, then observe and report.]
#3:
You are patrolling a store parking lot. A shopper loads Christmas gifts into a station wagon and goes back to do some more shopping. The windows of the wagon are open, and three boys are gathered around the station wagon looking in. What should you do?
[You should try to prevent a possible theft by making your presence known.]
#4:
You are on guard in a jewelry store. An employee showing diamond rings to a customer is called to the telephone. The customer is left alone with the display box of diamond rings. What should you do?
[You should try to discourage a theft by making your presence known.]

Authority to Question and A Basis for Making Decisions

Part D
A security officer's authority to question people.

A security officer is an agent of the property owner and in this role can exercise the owner’s right to question people on the owner’s property. If they refuse to answer the questions, or if their answers are not satisfactory, the officer may ask them to leave. If they do not leave, the officer may contact the police and report them for criminal trespassing.

Remember, in general your authority is no greater than any other private person’s. On the other hand, you have authority to question people while on the property of a client where you are on duty as a security officer.

What are the property owner’s right’s?
The owner has the right to establish certain rules on his property that may not be part of the Penal Code. For instance, if an employee shows up for work drunk, he may be violating a company rule. The client may want the employee sent home or may want to fire him. How this situation is handled is between the employee and his employer and has nothing to do with the police or criminal law. A security officer must know company policies!

Do not confuse company policy with criminal law.

For example, if the employee refuses to leave when asked, he may be arrested by the police for trespassing. On the other hand, if the security officer uses unnecessary force in removing the employee from the premises, the officer may be arrested for assault.

How should you handle violations?
As a security officer, acting as a representative of the owner on his private property, you can physically prevent a person from entering an area--but only as a last resort. Be sure to check with your employer regarding the way to handle a violation of company rules as well as how to handle a violation of criminal law.

Three factors to consider when making timely and reasonable decisions are:

Facts:
Consider the facts involved in the incident. The facts of any incident will be learned by answering the following questions:
Who? What? When? Where ? Why? and possibly How?

Law:
Consider the laws that may apply to the incident. Has a city, county, state or federal law been violated?
Policy:
Consider any policy that may apply to the incident.. What is the policy of your employer, client, or local law enforcement agencies regarding this incident?
The Security Officer’s Legal Responsibilities and Liabilities

Part E
Actions based on poor judgment can lead to legal problems for both you and your employer. You must, by law, avoid certain actions. The legal responsibilities and liabilities that affect you are presented in this section.



Criminal Liabilities

Who has the Power to Arrest?

The authority to arrest is given to all private persons. A security officer arrests with the same power as any other private person. However, because the security officer wears a badge and a uniform, that can lead to misunderstanding and abuse.

Article 14.01 of the Code of Criminal Procedure states the conditions that allow a private person to make an arrest. Article 14.01 “Offense within view” A peace officer or any other person, may, without a warrant , arrest an offender when their offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.

What is an arrest?

Article 15.22 of the Code of Criminal Procedure states that: A person is arrested when he has been actually placed under restraint or taken into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant.

In simple terms an arrest is a form of lawful control by one person over the actions of another. An arrest, in Texas law, is “The apprehension or detention of another in order that he may be forthcoming to answer for an alleged or supposed crimes .” An arrest may be made by a peace officer or private citizen. To deprive someone of their liberty or freedom of movement may be viewed as an arrest.

If you, by communication or other means make a person feel that they are not free to go then you have arrested them.

Frisk for safety
If you are legally detaining a person you have the right to conduct a “frisk” of that person for your safety. Remember that you must be able to justify the “frisk” of that person as it relates to your safety. A “frisk” is defined as a “pat-down” search of a suspect designed to discover weapons, not to recover contraband. A frisk is not a full scale search of the person.

Some acts by security officers for which criminal liability is possible include:

Intimidation:
Threatening physical harm or otherwise frightening people when they do not cooperate or confess to a crime.
Excessive physical force:
When an arrest is made, the law allows only the use of force that is reasonable and necessary to restrain the suspect. When more force is used than the law allows, the arresting party is said to have used “excessive force.”
The arresting party may be held criminally and civilly liable. An example of excessive force is the shooting of a suspect in order to protect personal property; deadly force is allowed only to protect lives.

False Arrest: (unlawful restraint)
A private person making an arrest may be found criminally liable if the offense did not happen within their presence or view and the offense was neither a felony nor a misdemeanor against the public peace. If you arrest a person it did not meet the above criteria you could be charged with the criminal offense of Unlawful Restraint PC 20.02) which is punishable by fine and or jail or prison time or both.
Everyone has a Civil Liability.

The legal term “party” can be a person, company, or organization.

When one party believes it has been injured, damaged, or wronged by another party, it may make lawful claim for damages.

The claim or Law Suit is presented to a civil court where both parties may explain their position to a judge or jury.



For Example:

A security officer makes a false arrest. The person arrested may file a civil suit for damages against the officer, his employer, and anyone else he believes to be responsible.


Even if the civil suit fails, the action may be costly to you and your employer.

When should a security officer arrest ?

A security officer who is expected to make arrest should receive instructions and the training on how to do so. Training should make the circumstances under which an arrest can be made and the procedure for making them.

As a security officer, you should work primarily in a preventive role. Use good judgment and exercise caution when faced with an arrest situation.

Every person is accountable for his actions. Acts of a security officer in an arrest situation are easy to defend when good judgment and good faith have been used. A security officer must not be afraid to execute an arrest, but must use restraint and good judgment.
Factors to Consider Before Making an Arrest

Part F

Are security officers required to make arrests?

At no time are you, as a security officer, obligated to make an arrest! You may be right at the scene when a violation occurs, but you do not have to make an arrest.



What are your primary responsibilities ?

Your first responsibility is protection/prevention. After a crime has been committed, your responsibility is to observe and report.
.

 

Part Two:
Private Person’s Arrest

Part H

Although your normal responsibilities include protection, prevention, observation and reporting, there may be rare occasions when you consider it necessary to arrest. Every company in the private security industry has different policies about when and if you should arrest. If you do not know your company’s policies, find out and follow them!



A security officer’s legal powers to arrest are the same as any private citizen and no greater. An arrest made by such a private party is commonly known as a “citizen's arrest.”



Texas Criminal Procedure - Code and Rules, specifies the conditions under which you, a private citizen, may make an arrest. A private person may arrest another person without warrant when:

The offense is committed within his / her presence or view; and the offense is either:
a misdemeanor against the public peace or,
a felony.
In making your decision to arrest someone, you must first determine whether the offense is a felony or a misdemeanor.



Example of a Misdemeanor Offense:

If you saw a person pointing a firearm at a crowd, you could arrest him. He has committed a misdemeanor against the public peace and it happened in your presence or view.



On the other hand, consider this case:
A woman comes running up to you yelling that a man just pointed a gun at her and she wants you to arrest him. You can not make an arrest because this did not happen in your presence or view.
The Suspect

Part I

According to our legal system, a person is innocent until proven guilty. It is up to the courts to determine if a person is guilty, not the police. When a person is arrested, he is called a suspect. He is then considered a suspect until the court finds him guilty or innocent. Therefore, do not refer to an arrested person as the criminal, offender, robber, murderer, burglar, or by any other term which implies guilt. You can say he, she, they, this person, or the suspect since none of these terms implies guilt.



Making an Arrest:

If you should happen to be in a situation where an arrest is called for, you must tell the person he is under arrest, the charges, and by what authority you act. Once you effect the arrest [i.e. deprive him of his liberty or freedom of movement] you can not discharge him from it; only a magistrate can do that. If he resists, you must then decide if reasonable force is necessary. You may ask as many persons as you think necessary to help you make this arrest. Remember you cannot force any person to help you.



Use of Force in an Arrest - Article 15.24 [ T.C.C.P. ]



If the suspect resists, you are permitted to use no greater force than is necessary to effect his detention and arrest. A judge or jury will have the final say as to whether or not you acted reasonably.



What is excessive force?

Examples of excessive force include knocking unconscious an unarmed suspect when he is only trying to leave the scene. Handcuffs may be used on persons who have resisted or on suspects you think may be trying to escape or resist.



What is detainment?

A person who voluntarily responds to questioning and is not actually restrained [i.e. free to go at any time] is considered to be detained. A person may be detained by the police for further questioning in an investigation, and that person is not necessarily under arrest. While the police may do this, a private citizen [including a security officer] cannot unless he is investigating probable theft and then the detention must only be for a reasonable period of time.



When is a suspect considered to be under arrest?

It should be clear to the suspect that he is under arrest after you have communicated your intent to arrest him and effect a detention that is actual or constructive. However, there are also other actions that may make a suspect feel he is under arrest. If, because of your uniform, badge, hat, or words the suspect concludes he must answer your questions or is not free to walk away, he may justifiably claim he was arrested.



What is the right way to approach suspects?

Guilt by association is not a lawful way to make an arrest. Let’s look at an example.

It’s 11:00 p.m. and, while making his rounds, a security officer finds a gate open. There are pry marks on the chain. About 50 yards from the gate is an old pickup truck parked by the side of the road. The hood is up and two men are bent over the engine. The officer walks over and says, “All right, you guys, what are you doing here?” “One the men responds, What’s it to you pal?” The officer answers angrily, “Look, you better tell me what you’re doing here or you’re in trouble!” One of the men gets in the truck and tries to start it. The officer then asks “Didn’t you hear what I said?” The other man says “Leave us alone.” The officer moves to the front of the truck and grabs the man’s arm, stating, “You guys aren't going anywhere until you answer a few questions.”


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