X-Post: Man arrested for not showing officer his License

[RedBean]

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You sure about that? From my understanding, anyone can forcibly detain someone who they reasonably believe is in the act of committing a crime.

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In most jurisdictions, a citizen's arrest can only be performed as a result of the witnessing of the commission of a felony, and NOT on the "probable suspicion" of a misdemeanor.

Also, no civil or criminal protections are afford to regular citizens enacting a citizen's arrest.

In other words, if someone is detaining another person, they are taking their chances that they are themselves breaking the law unless they can later show they witnessed the commission of a felony.

No matter what notice the store gives upon entering, they cannot re-write applicable law in regards to other people's rights.

[Phil153]

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In most jurisdictions, a citizen's arrest can only be performed as a result of the witnessing of the commission of a felony, and NOT on the "probable suspicion" of a misdemeanor.

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Obviously in this case, it's ridiculous that not showing the receipt would give grounds for detainment.

But I think you're overstating the general case here. Security guards regularly detain people caught shoplifting, using force if necessary (one of them tackled a child in the story above). Are you saying they're unable to do this in jurisdictions where shoplifting is just a misdemeanor? Are you saying that if I blatantly walk out of a shop with a CD, the security guards have no power to detain me?

[BCPVP]

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In most jurisdictions, a citizen's arrest can only be performed as a result of the witnessing of the commission of a felony, and NOT on the "probable suspicion" of a misdemeanor.

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Obviously in this case, it's ridiculous that not showing the receipt would give grounds for detainment.

But I think you're overstating the general case here. Security guards regularly detain people caught shoplifting, using force if necessary (one of them tackled a child in the story above). Are you saying they're unable to do this in jurisdictions where shoplifting is just a misdemeanor? Are you saying that if I blatantly walk out of a shop with a CD, the security guards have no power to detain me?

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"All states other than North Carolina permit citizen arrests if a felony crime is witnessed by the citizen carrying out the arrest, or when a citizen is asked to help apprehend a suspect by the police. The application of state laws varies widely with respect to misdemeanor crimes, breaches of the peace, and felonies not witnessed by the arresting party. Note particularly that American citizens do not have the authorities or the legal protections of the police, and are strictly liable before both the civil law and criminal law for any violation of the rights of another.[6]

North Carolina General Statutes do not provide for citizen arrest, but instead provide for detention by private persons.[7] These statutes apply both to civilians and to police officers outside their jurisdiction. Citizens and police may detain any person who they have probable cause to believe committed in their presence a felony, breach of the peace, physical injury to another person, or theft or destruction of property. The key distinction between an arrest and a detainment is that the detainee may not be transported without their consent."
wiki

[PLOlover]

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But I think you're overstating the general case here. Security guards regularly detain people caught shoplifting, using force if necessary (one of them tackled a child in the story above). Are you saying they're unable to do this in jurisdictions where shoplifting is just a misdemeanor? Are you saying that if I blatantly walk out of a shop with a CD, the security guards have no power to detain me?

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there's special legislation for shopkeepers, seperate from citizen arrest, as others have said there are like 5 criteria that must be met for shopkeeper to detain, based on actually seeing a guy shoplift.

[RedBean]

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Are you saying they're unable to do this in jurisdictions where shoplifting is just a misdemeanor? Are you saying that if I blatantly walk out of a shop with a CD, the security guards have no power to detain me?

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Not saying that. They may have some power granted under another statute that applies to merchants and the security of their stores. But, the security guard is not justified under the jurisdiction's citizen arrest statutes if it only allows for felonies.

[kevin017]

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Are you saying they're unable to do this in jurisdictions where shoplifting is just a misdemeanor? Are you saying that if I blatantly walk out of a shop with a CD, the security guards have no power to detain me?

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Not saying that. They may have some power granted under another statute that applies to merchants and the security of their stores. But, the security guard is not justified under the jurisdiction's citizen arrest statutes if it only allows for felonies.

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North Carolina General Statutes do not provide for citizen arrest, but instead provide for detention by private persons.[7] These statutes apply both to civilians and to police officers outside their jurisdiction. Citizens and police may detain any person who they have probable cause to believe committed in their presence a felony, breach of the peace, physical injury to another person, or theft or destruction of property.

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i am betting in most all jurisdictions, not just north carolina, that you can detain/citizens arrest if you have probable cause of theft, regardless of severity.