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  • txinvestigator

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    May 28, 2008
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    Ft Worth, TX
    At places like Fry's where they want to stop everyone on the way out and search items you now own, I just keep walking. However, if I were approached by store security or personnel and accused of shoplifting I would stop and comply with waiting for the police.

    I would not use force to resist, and here is why;

    While the information Sage provided is what is taught to professional loss prevention people, it is NOT Texas law. Texas law requires none of that. Here is the law regarding stopping shoplifters;

    Texas Code of Criminal Procedure
    Art. 18.16. PREVENTING CONSEQUENCES OF THEFT. Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.




    Texas Civil Practices Act
    Sec. 124.001. DETENTION. A person who reasonably believes that another has stolen or is attempting to steal property is privileged to detain that person in a reasonable manner and for a reasonable time to investigate ownership of the property

    "Reasonable" is a much lower standard than probable cause. If you resist and a court later determines that; although, you did not actually steal, the person had reasonable belief, you could be charged with assault.
     

    Big country

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    Mar 6, 2009
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    Cedar Park,TX
    At places like Fry's where they want to stop everyone on the way out and search items you now own, I just keep walking. However, if I were approached by store security or personnel and accused of shoplifting I would stop and comply with waiting for the police.

    I would not use force to resist, and here is why;

    While the information Sage provided is what is taught to professional loss prevention people, it is NOT Texas law. Texas law requires none of that. Here is the law regarding stopping shoplifters;



    "Reasonable" is a much lower standard than probable cause. If you resist and a court later determines that; although, you did not actually steal, the person had reasonable belief, you could be charged with assault.
    Thank you!
     

    Hoji

    Bowling-Pin Commando
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    May 28, 2008
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    Mustang Ridge
    At places like Fry's where they want to stop everyone on the way out and search items you now own, I just keep walking. However, if I were approached by store security or personnel and accused of shoplifting I would stop and comply with waiting for the police.

    I would not use force to resist, and here is why;

    While the information Sage provided is what is taught to professional loss prevention people, it is NOT Texas law. Texas law requires none of that. Here is the law regarding stopping shoplifters;



    "Reasonable" is a much lower standard than probable cause. If you resist and a court later determines that; although, you did not actually steal, the person had reasonable belief, you could be charged with assault.

    So what is your take on " in the presence or view " of the one making the arrest?

    Another instructor I teach with did loss prevention for years. Over 500 arrests in his time doing LP. They had to adhere to texas law and:
    1. actually see the person conceal merchandise
    2. Keep eyes on that person the entire time they were in the store{ if they lost sight of them at all they had to let it go}
    3. Wait until they had gone past the cash registers with the item before making the arrest.
     

    M. Sage

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    Jan 21, 2009
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    San Antonio
    At places like Fry's where they want to stop everyone on the way out and search items you now own, I just keep walking. However, if I were approached by store security or personnel and accused of shoplifting I would stop and comply with waiting for the police.

    I would not use force to resist, and here is why;

    While the information Sage provided is what is taught to professional loss prevention people, it is NOT Texas law. Texas law requires none of that. Here is the law regarding stopping shoplifters;



    "Reasonable" is a much lower standard than probable cause. If you resist and a court later determines that; although, you did not actually steal, the person had reasonable belief, you could be charged with assault.

    Interesting. Good to know. There wasn't a law like that in CA, so resistance was on the table.

    Wouldn't refusing to stop for the guy to paw your fresh purchases give him a possibly "reasonable" suspicion, though?

    I guess I'll just have to resort to saying "Ok" *gets out cell phone*. "Who are you calling?" "My lawyer."

    This would be more fun than getting to legally thump on some over-ambitious mall ninja. This adds up to some good cash money. :D

    All bets are off if he "initiates contact" by grabbing or trying to tackle me, though.
     

    txinvestigator

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    May 28, 2008
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    Ft Worth, TX
    So what is your take on " in the presence or view " of the one making the arrest?
    The two sections I showed regarding theft do not require that the thefts occur in the presence or view of the person making the arrests.

    In fact, the CCP section to which you refer would not allow an arrest for theft except for the case of a felony.

    Another instructor I teach with did loss prevention for years. Over 500 arrests in his time doing LP. They had to adhere to texas law and:
    1. actually see the person conceal merchandise2. Keep eyes on that person the entire time they were in the store{ if they lost sight of them at all they had to let it go}
    3. Wait until they had gone past the cash registers with the item before making the arrest.

    As I wrote, professional LPs do it that way. However, it is NOT law. See the law I posted.




    I'll give you an example. The LP in the camera room sees a person commit a theft (conceal, watches them on camera leave the store). He radios another LP person on the floor who makes the stop. That detaining is reasonable.
     

    Texsun

    Active Member
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    Feb 26, 2009
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    Typically I find things at Dillards at very reasonable prices and you can shop them online.
     
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