That would be my understanding, but I am not a lawyer, just a retired cop.Grundy1133 wrote: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?srothstein wrote:Any citizen has the authority to detain someone under Article 18.16 of the Code of Criminal Procedure.SQLGeek wrote:Is LP/AP legally able to detain somebody? If so, under what authority?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.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.
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- Mon Apr 09, 2018 1:07 am
- Forum: General Texas CHL Discussion
- Topic: Best Buy store oopsie
- Replies: 45
- Views: 12471
Re: Best Buy store oopsie
- Mon Apr 09, 2018 12:40 am
- Forum: General Texas CHL Discussion
- Topic: Best Buy store oopsie
- Replies: 45
- Views: 12471
Re: Best Buy store oopsie
Any citizen has the authority to detain someone under Article 18.16 of the Code of Criminal Procedure.SQLGeek wrote:Is LP/AP legally able to detain somebody? If so, under what authority?
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.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.
- Sun Apr 08, 2018 12:10 am
- Forum: General Texas CHL Discussion
- Topic: Best Buy store oopsie
- Replies: 45
- Views: 12471
Re: Best Buy store oopsie
Having thought about this in the past, especially since Walmart started asking for receipts to let you leave the store, this is my recommended option.jason812 wrote:Just tell them to call the police and let them make a fool of themselves.
If I am ever stopped, I am going to ask them to call the police and I am not going anywhere or letting them touch me. Nor will I do anything other than wait patiently for the police to arrive. After the police do arrive, I will cooperate with them, and then call my lawyer to file the slander and defamation lawsuit.
Obviously, my advice to act this way is based on teh assumption that you are not actually shoplifting.