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