Serious answers only. While questioning us in the parking lot, she (the security guard) asked if we would agree to be temporarily cuffed (by her) while she continued talking with us. We both agreed and were subsequently cuffed. A few minutes later we confesed to the shoplifting. I was just wondering (the case is over so I am not looking to make excuses) if an unamred security guard can cuff if the suspect agrees - even though it is unclear if some one shoplifted yet. Thanks.
2006-07-04 07:37:17 · 13 answers · asked by Ben T 1 in Politics & Government ➔ Law Enforcement & Police
I worked Loss Prevention the reason you were stopped is because, the signals you gave and the act of concealment, which should have all been taped. In some states the second you remove a tag from the merchandise it is considered shoplifting no questions asked you are stopped on the spot. The guard knew you were guilty, it was on tape and she had all the right in world to stop you, and hope that you would confess rather than getting ugly with her which would have resulted in far worse concesquences. I know in MN if you resist arrest from a Loss Prevention agent from a store or attack them, the charge goes from a mistameanor to a felony automatically, and if the guard is hurt you can be civilly sued for damages.
When you were asked to be cuffed and you consented it is completely legal in all 50 states for the most part, it is for their protection, until you are told you are under arrest.
The reason the guard was unarmed is for liablity purposes, because as you have read in this thread there are people who will sue at the drop of hat, so these guards go out on everyone unarmed hoping that a gun or knife isn't drawn on them, (that is reason I quit doing it was because I didn't like being unarmed).
2006-07-04 14:55:18 · answer #1 · answered by jsnmlk 2 · 0⤊ 0⤋
What was the officer's reason in handcuffing you? The officer can only handcuff you in the event you presented any type of harm. Only in order to protect themselves, others and you may they handcuff you. They cannot handcuff you as a means to prevent escape. I am very interested in why this so called security officer proceeded to follow you to the parking lot as well. In most areas the curb is the boundary. Cuffing a person for questioning only is unjustified and unlawful detention.
2006-07-04 09:24:10 · answer #2 · answered by midnightdealer 5 · 0⤊ 0⤋
State laws vary. The state in which I reside has "middle of the road" laws regarding shoplifting. There is a good probability that your state laws are at least similar.
In my state: A shopkeeper, or agent thereof, has the legal right to detain a suspected shoplifter until law enforcement arrives. This means the shopkeeper (or his employee) can, grab, tackle, handcuff, sit on... etc... the suspected thief. Can they use physical force, yes. Can they use excessive force... No. They can meet force with force. They can use a higher level of force in response to force in order to maintain control, and they can meet deadly force with deadly force.
In your situation as you described it, if it occurred in my state, the shopkeeper's employee did not step outside the bounds of the law.
As far as having to take you to some specific location to question you. In my state, that is ridiculous. Also, juvenile or adult, there is no distinction between the two on the response, only with the court procedings.
2006-07-04 08:09:51 · answer #3 · answered by M D 2 · 0⤊ 0⤋
If they feel threaten in any way they can do that. They have to protect themselves too you know. Weither it's a police officer,jail officer,or security officer they can do that to protect themselves from danger. Since you agreed to being cuffed then you have no case.
2006-07-05 22:57:05 · answer #4 · answered by Zeo 4 · 0⤊ 0⤋
She wasn't suposed to cuff you. You can fight that. Also, I don't know about where you live, but down here they're not suposed to ask you any questions in public. They're suposed to grab you and bring you into the security office. I'm sure you can really fight that,even though you were shoplifting.
2006-07-04 07:41:19 · answer #5 · answered by Jennifer N 3 · 0⤊ 0⤋
yes they can, good or bad, getting cuff does not means your guilty or not, but it works to protect the security officer against any violent response from the other person.
2006-07-04 07:43:57 · answer #6 · answered by ricardocobar 4 · 0⤊ 0⤋
I think they can once you consent to it. I'm not sure what the law is on this. You can check with the police department, or a lawyer, but once you consent, I don't know if there is anything that can be done about it.
2006-07-04 07:42:46 · answer #7 · answered by Justsyd 7 · 0⤊ 0⤋
yes, since you agreed,as long as there is suspicion or probable cause, I wonder though if you were under age wouldn't the parents have to be notified and your rights read to you at the time?
2006-07-04 07:42:33 · answer #8 · answered by javabug61 2 · 0⤊ 0⤋
no! you should have told her to get lost even if you did do it . the police if you are under 18 who can cuff you
2006-07-04 07:43:20 · answer #9 · answered by laurabelle o 3 · 0⤊ 0⤋
Yes they do it for safety, and to keep you from running.
2006-07-04 07:44:59 · answer #10 · answered by scamresearcher407 1 · 0⤊ 0⤋