Grundy1133 wrote:srothstein wrote:SQLGeek wrote:Is LP/AP legally able to detain somebody? If so, under what authority?
Any citizen has the authority to detain someone under Article 18.16 of the 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.
This is what generally allows people to work security and loss prevention. But it does require them to be right. The person detained not only must be a thief but must actually have the stolen property on them.
so if an AP accuses me of shoplifting and detains me an dit turns out its just my gun could i file charges against the store for unlawful detainment?
That would be my understanding, but I am not a lawyer, just a retired cop.