Fleeing shoplifter?

[berto]

You did the right thing. Why risk your livelihood and possibly your life for a few hundred dollars worth of insured department store merchandise? If the criminal sued you you would be out your attorney fees at minimum. Many stores have a no pursuit policy for their employees to avoid liability hassles. I understand and applaud the urge to help but in this case it wasn't worth it.

 

[SW CQB 45]

Citizen's arrest anybody???

Texas Code of Criminal Procedure
Art. 14.01. [212] [259] [247] OFFENSE WITHIN VIEW.
(a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.


Anybody else have comments about citizen arrests?

burk, unless the crime is a felony or a crime against public peace, it does not work for theft. unless felony theft.

Article 18.16 would fit for preventing the consequences of theft.

 

[burk940]

burk, unless the crime is a felony or a crime against public peace, it does not work for theft.

Article 18.16 would fit for preventing the consequences of theft.

Yes, lots of interesting but conflicting laws. Thanks for your input. I beleive that Texas law was orginally written to protect the average, law abiding person. It has been modified so much that the crooks have the advantage now.

 

[BarbC]

As my ex used to tell the night shift when cautioning them about stolen car chases through Newark NJ: Allstate isn't going to send your widow a thank-you note.

 

[jack the toad]

If it were me in your shoes, I'd want to shoot the mofo but it's not the thing to do over some property theft. I imagine if you wanted to get involved, just be a good witness. Were the cops even called?

 

[The Last Standing Knight]

Citizen's arrest anybody???

Texas Code of Criminal Procedure
Art. 14.01. [212] [259] [247] OFFENSE WITHIN VIEW.
(a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.

I understand why this is not the preferred way if in a private business with kids. I had a problem 15 years ago with 15-18 year old punks endangering the life of my 6 year old daughter by throwing stuff over a privacy fence. I also had a witness that placed one of them in my driveway when a vehicle was keyed. The city police had me give them a warning that if they came on my property again, I could arrest them for tresspassing. I asked the locals what I could do if they were caught and resisted, and they said "whatever is necessary". I don't know if this was all legal, but it got their attention and I never had another problem with them.

Anybody else have comments about citizen arrests?

When I worked security in a rather notorious shopping mall in Houston many years ago, the security force were protected under something called "merchant's code"...whenever we did arrests, it was usually under the supervision of an LEO working an extra job.
Times have changed since then.
I WOULD NOT as a private citizen or a security guard EVEN ATTEMPT to effect a citizen's arrest today. The laws are way too vague on what is a "offense of the peace" and if a felony on-view is involved, chances are REAL good the perp is going to have a weapon. I always told my security officers that they were not assigned to a post to die for someones property and I didn't care who yelled at them be it client or guard company neither of which cared a hoot and a holler for the guards as it was.
The only time I would ever take physical action in this day and age is if a life was at stake. Other than that, call 9-1-1, get a description, and STAY OUT OF IT.

 

[3rd Gen Neal]

If it's the property of a privately owned business, I agree. If it is my personal property, I won't rule any option out.

You are correct sir. I had my Harley stolen from me while I was only away from it for a few minutes, just disappeared. I work hard for my toys and I feel the scum involved would have deserved whatever measures needed to stop the theft.

 

[pharmer]

Store stuff, help yourself. Now if he'd snatched up somebody's kid, he ain't leaving, period. Joe

 

[moosedog]

What I usually do is try to slow them down by stepping out in front of them and say "Excuse me my man, do you have a dollar I can borrow?" or "You want to buy a cell phone?" or something like that to divert their attention and delay the getaway.
If they are getting into a car in the parking lot to flee, I usually break out my squeegy and start washing their windows to slow them down.

 

[ltcdoty]

As an aside, when I was a rookie many moons ago, we got a call from a supermarket that they had a female shop lifter. When we got there, they told us she had stolen a frozen turkey and put it under her sweat shirt. She was screaming that she was pregnant and she was going to sue if she was touched. Being new I was ready to shake her down, but my veteran partner told me to relax and have a cup of coffee. Well it didn't take too long before she couldn't stand the cold, and dropped the turkey!

 

[Rule 303]

These days and times, unless its my family or a child that is threatened, I'm a Good Witness.

I spent almost 34 years saving the public, but I don't have that career/job anymore.

Rule 303

 

[jframe]

if you tackled him you would have been a racist.

My God, ain't that the truth.

 

[Andy Griffith]

If it's the property of a privately owned business, I agree. If it is my personal property, I won't rule any option out.

Trespassers will be violated, and if someone shows up in my house late at night, he will be ventilated.

Me: "Ought buck or two?"
Perp: "What?"
Me: "*blam!*"

(A take-off of the old question about sugar cubes with your tea.)

 

[11B Lifer]

During the few times I've helped to stop a crime, a law suit was the last thing on my mind.
Same with rendering first aid at an accident.

 

[red14]

I was coaching a practice, for youth baseball, many years ago. My right fielder pointed out 3 young men, chasing another one, on another field nearby. I started running in that direction. The three caought him and started kicking him. I started yelling as I neared them. They saw me coming and ran away. As they were running away, I noticed all three were bigger than me. The young man had a broken arm. Rescue came and took him away.

I figured three on one was cowardly, so I acted. Now I know, I acted stupidly, and could have been hurt also. I just couldn't stand by, like many others did, and do nothing. I guess, I was lucky, I wasn't hurt.

 

[The Big D]

Kudos to 11B Lifer and red14!!!

Thank you for stepping up to be counted when needed.

I would proudly buy you a beer!

Be safe.

 

[jbcap]

I can understand your dcision to not get involved especially with your two daughters there. I have gotten involved several times with no ill effects before becoming an LEO and I still get involved now.
One of the problems I see with the country lately is the unwillingness of people to get involved or to help their fellow citizens/neighbors. "It's not my property, why get involved?" The potential problem with this is, if he is not stopped for this crime, the next crime might be against you or someone you know. It might be a petty crime now, but the next could be something worse.
Just my two cents - Joe

 

[Vegetaman]

Here is one of the cases when it's okay to tackle somebody in Wal-Mart... When they molest a little girl and are running away:

Colorado Man in Wheelchair Tackles Suspected Child Molester in Walmart - Local News | News Articles | National News | US News - FOXNews.com