Alleged theft at a store

[shrinkmaster]

In nay place I have worked or any company I have trained LP at it is policy to ID ones self when making contact. Many retailer seven issue badges they must produce when making contact. You bring up interesting point. If the retailers intent is just recovery and possibly civil demand then your right of course. However if the subject flees and company policy permits pursuit or Police are contacted and they pursue then the subject has risen the level of the event which arrest is not an option. So again its not in the subjects best interest to flee as they can and likely will see additional charges or higher charges if they had complied.

 

[mightymoose]

Well again, nobody ever said it was in their best interest to flee, just that it is surprising they are so willing to stop when asked.

Identifying as loss prevention and showing some kind of badge still does not require a person to stop. How often does loss prevention come right out and tell the crook they are under arrest? Even if it is their intent to make an arrest, without announcing that intent it isn't an arrest but a request which is easily ignored. Identifying as law enforcement and ordering a person to stop, with reasonable suspicion, creates an obligation to stop.
LP can pursue someone all they want, but they won't get a resisting offense, and as you know they had better be sure before laying hands on someone or the tables can quickly turn. Shoot, even uniformed police have a hard time proving resistance sometimes if a person was not yet clearly detained or if they were somehow not clearly identified as law enforcement.

 

[army judge]

If they were performing a citizens arrest they would turn them over to law enforcement every time. Since they don't do that it clearly isn't the case, otherwise they are making unlawful arrests.
You are right, somewhat, that street clothes don't matter. What matters is that the person making the arrest is clearly identified as law enforcement. If not, no charge for resisting arrest would ever stick. In fact, it is not illegal to resist an unlawful arrest, even if attempted by uniformed police, although that would be a very risky decision to make.

Many states, don't permit citizens to arrest other citizens.

They can detain them, but arrest powers are reserved exclusively for those with police powers.

And, when a state does allow citizens to arrest other citizens, things can go awry quickly.

I am not an advocate of self help for anything other than life or death situations.

 

[army judge]

Well again, nobody ever said it was in their best interest to flee, just that it is surprising they are so willing to stop when asked.

Identifying as loss prevention and showing some kind of badge still does not require a person to stop. How often does loss prevention come right out and tell the crook they are under arrest? Even if it is their intent to make an arrest, without announcing that intent it isn't an arrest but a request which is easily ignored. Identifying as law enforcement and ordering a person to stop, with reasonable suspicion, creates an obligation to stop.
LP can pursue someone all they want, but they won't get a resisting offense, and as you know they had better be sure before laying hands on someone or the tables can quickly turn. Shoot, even uniformed police have a hard time proving resistance sometimes if a person was not yet clearly detained or if they were somehow not clearly identified as law enforcement.

Stealing isn't in their best interest, either.

I agree, MM, it still baffles me why they'd steal $200 worth of trinkets; and then get remorse and admit to their misdeeds.

I guess there are many things I'll never know.