txinvestigator
TGT Addict
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.
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.