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Discussion in 'The Okie Corral' started by Dalton Wayne, Oct 20, 2011.
Does store security carry handcuffs to detain shoplifters?
Is that even legal?
I'm no expert, but I certainly wouldn't allow joe snuffy wal-mart security to cuff me.
I've seen mall security, and some other ones with cuffs, but I've never seen someone cuffed by them. I think they're more a show of force than a real use item.
My ex worked basement security at her moms house. There were a few times I tried to get away with a beer from the fridge down there. Twice I was detained in furry covered cuffs.
I've personally seen Nordstrom's Loss Prevention Officers arrest people with cuffs more than once, so I'm going to say yes, they do.
In IL, if not a sworn peace officer, it's unlawful restraint. Use of excessive force. A store local to me is right now fighting a suit over that. The store and the security guard are both being sued. They can detain you, but not phsically restrain you. Intimidation works best. It's a tough spot for the security people. If in doubt let them go, get the security tapes, notify the cops and let them deal with it. The suit, legal fees and settlement, potentially will cost more than the value of whatever could have been/was stolen. If they come back, call the cops and get a trespass against them. Tough but IL frowns on just anyone handcuffing folks. I don't know about other states.
Laws would vary from state to state, but I would think there are situations where it would legal (essentially a citizen's arrest). It would also be fraught with the potential for civil liability, so I doubt any retail establishment of any size would allow their loss prevention people to do it.
Walmart no, but I know Home depot and various others do allow the use of handcuffs.
I currently do LP work so call me Joe Snuffy! lmao
They make for great knuckle dusters in a pinch. Anyhow, handcuffing someone when you are not a LEO sounds like an invitation for a lawsuit. As for Illinois, (725 ILCS 5/107-3) "Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed." You can still face criminal and civil penalties if you mess up, and you don't have any agency or union to back you up when you get sued - but you can do it.
How prepared are you for the fight that happens when you try to put those cuffs on someone? How well trained are you? How familiar are you with the use of force continueum? How much force are you able to use to detain/ restrain for a misdemeanor or ordinance violation? Are you willing to risk your life over somebody else's property?
Alot of resistance happens once that first cuff goes on due to the lost of control or the perception thereof. I would say if they don't stay, be a good witness, get plates and descriptions.
If you don't shoplift then you will never have to worry.
Citizens may arrest, yes, but that does not reflect the difference between detain and restrain. Arrest does not equal/justify cuffing. Fine lines there for civil courts to sort out. You can face criminal charges too ,based upon circumstances and actions.
I currently work as mall security in Minnesota. We were trained and carry handcuffs and OC spray. There are myriad liability issues involved, but we have them if needed.
Yes. Especially target, who have somewhat of a, "Everyone drop what you're doing to pile on them and beat the piss out of them before they get past the yellow line." approach.
While we are talking about Loss Prevention and Security, I can't help but want to share this because it is too funny.
Long story short, last Christmas, I got a Semi-Colon and ended up with an ileostomy for about 3 months.
About a month after my surgery, I finally got myself out of the house and I went shopping at a big Sporting Goods chain store that is based here in the Houston area..
Anywho, as I am attempting to leave the store, one of their security guys stops me at the door and wants me to lift my shirt so he can see what I am concealing. I refused.
He said that he would call the police if I did not just show him.
I again told him that he would not like it.
Due to the fact that I did not want to risk this idiot trying to lay a hand on me, I waited until the manager and a couple of other witnesses joined us.
I said, " You want to see what I am carrying around inside of my shirt? Really? Here it is!!!!"
The manager looked visibly shaken and profusely apologized and told them they could all go to $%*#.
Later, it became funny, but it was very humiliating at the time.
True, very true. And I don't think it's a good idea per se for people to go around cuffing others unless the person they are cuffing is acting violently. Still, it is allowable and legal in IL to both detain and restrain as a citizen. In many ways, every arrest in Illinois is a citizen's arrest. They are all really the same in the eyes of the law, with exceptions for such things as arrest warrants, etc... Arrest in Illinois, by a LEO or not, assumes restraint and detention has been imposed on that person directly pursuant to that arrest, even if you never touch them. Police Officers have additional trusts such as search and seizure, issuance of summons/citation, serving of warrants, transportation and boarding of those awaiting trial, compulsion to obey a lawful command, etc... depending upon jurisdiction and position. Arrest, and the detention and restraint pursuant to arrest, are not exclusive to Peace Officers. Again, a risky endeavor to personally go cuff someone because you saw them stealing lumber for Home Depot (unless you work there).
sorry this happened to you; that is humiliating.
Yes they can and do. Shopkeepers and their employees generally have the right to make a citizens arrest on shoplifters on their property. They can use whatever force is reasonably needed to detain and recover the merchandise based on the resistance including physical force and restraints. However many companies forbid the practice to limit liability.
YES, all loss prevention does carry handcuffs, but are very very rarely used, unless needed, i always take a pair with me just incase the stuff hits the fan and the suspect must be detained to prevent injury to himself, customers, or employees
I heard it is only legal if you have a CCW badge clearly present on your belt. Neck lanyard style won't hold up in court.
No such thing as a 'citizen arrest' in my state.