imported post
END_THE_FED wrote:
amzbrady wrote:
Question? As unarmed security, If you see someone steal something from a store, do you or can you, give chase,tackle, detain, and handcuff them?
Depends on the situation and on company policy.
Legally speaking for the most part security has no more authority to arrest then anyone else. (must witness a felony)
one exception to this is If you are working for a retail store and have probable cause that someone has stolen something you can detain them by reasonable means on the store property or in the immediate area, but the same goes for anyone who works for the store not just security.
I have stopped dozens and dozens in 20 years of retail. I am the manager and have the same authority as unarmed security (which I have never had at a store I have worked for).
"Probable cause" is not a guiding principle in detaining someone. At least not that terminology.
There are 5 elements of an arrest: (to hold up in court)
1) You must see the suspect enter the area (aisle, section) without the item in their hand.
2) You must see the suspect take the item from the shelf and must be able to identify the item.
3) You must see the suspect conceal the item. (some suspects don't conceal they just walk out with the item in plain view)
4) You must NEVER lose sight of the suspect. (This is the most difficult)
5) You must witness the suspect pass the last point of payment.
If you don't complete all 5 of these items and testify to them you will lose in court. A good manager/security will, once you conceal the item, close the distance and offer customer service and be within a few feet of the suspect at all times. At this point you do not try to follow the suspect from a distance, otherwise you will lose contact with the suspect around and aisle/corner and you will risk the suspect setting the item down and an illegal detainment. Companies payout significant amounts (5k) for illegal detainment when a suspect calls corporate.
Many times after concealment, I have been right next to the suspect asking them if they need help finding anything. "Can I help you find the "SUNGLASSES"? (stating the item that they concealed) The suspect will take the item out and set it down or hand it to me and leave. This is the ideal situation as they know they were caught and no one is hurt. And, no, you cannot detain them at that point. They did not admit to stealing and they didn't as they did no pass the registers. Yes, it pisses you off but arresting someone, waiting for the police to arrive, filling out paperwork takes a couple of hours and in retail you just don't have time for all of that.
Funny story:
I often catch shoplifters when I am shopping (not working and not where I work). I was at Home Depot once shopping. I saw a guy down the aisle sticking several items in his jacket. I told my wife to go get the manager and tell him I was going to be following a shoplifter. She left to find the manager. I followed the thief around the store and to the front end. I realised that the items he took would make the EAS alarm go off at the door. My wife was standing with the manager near the front. I realised that the manager would be unable to stop the thief because of the 5 rules. However, as a customer and not an employee, I could do much more. I walked to the door and waited past the EAS alarm. The thief got to the alarm and it went off and then he started to run. I stuck my foot out and tripped him. SPLAT! face first right onto the concrete! The items he had fell out of his jacket and the manager came over to pick them up.
The thief at this point is yelling at me that he is going to sue Home Depot for me tripping him. I simply said, "I'm sorry, I don't work here, I am just a customer." I walked back to my wife and finished shopping. The manager picked up his products and told the thief to get the hell out of his store. A little road rash never hurt anyone!