Security Guards and Authority

sk8punk151

sk8punk151

Bluelighter
Joined
Nov 28, 2003
Messages
781
Ok, I first started this thread in The Dark Side, but I was told that maybe I should move it to over here since it's turning into more of a legal question.

This is the thread word-for-word

Just wanted to start this thread with say that in the past, I have always jacked countless bottles VERY sucessfully with the help of my friends, and my hands.

Today, my friend and I decided to hit up a local grocery store that we had hit up before sucesfully in the past. We needed to get two bottles to bring to a party [that im supposed to be at right now =/ ].

I decided not to jack any bottles, infact--while my friend was taking the bottles, I decided to go get some fried chicken samples at the deli and hopefully distract the manager in doing so. Well, I did infact distract the manager and so my friend left the store with two bottles of 90 proof peppermint schnops [nasty shit, yes, but strong shit--indeed!]. So as we walked away from the store we noticed two big ghetto guys following us. Naturally my friend who had the bottles started to run, but since I had nothing on me, and thought I did nothing at all wrong while in the store, I chose to walk and act completely normal. Well the dudes finally caught up to me and one of them threw me to his 'partner'. At this point I was being cuffed and I had no idea why. They were using physical force on me, and because of this I thought for sure they were cops, but they fucking weren't! I thought maybe they thought I had the bottles so I insisted that I did not take them, but they said that if they do not find my friend that I am going down for burgarly and since it involves alcohol it's a felony and REQUIRES police action [fuck!!]. So, for the next hour they basically sent me on a goose chaise trying to find my friend. I had to walk through downtown and everyone saw me with cuffs on! It was pretty funny, but shit, I didn't know fucking security guards could do this!! Eh, so after I knew I wasn't going to find him they took me back to the store and told me that basically I am fucked and that they didn't give a shit. They told me all this bullshit [which I ofcourse believed at the time, due to my unintelligence with the law] like they said I was going to juvi for 3 days and I was required to go to jail and shit like that.. I started freaking out and tried calling my friend telling him to come back so I wouldn't get in trouble for something I didn't even do.. He NEVER CAME BACK... WTF?! That's not a true-fucking friend!!!

So, after about 2.5 hours, this fucking guy tells me that he was just fucking with me, and that I am really not going to juvi, and since I cooperated with them I had no police report filed, but they still filled a "shoplifting report" and I think they called my school administration for some fucked up reason [fuck! the school already knows my best friend is a dealer at school..]. The only bad thing was my mom had to pick me up and release me from their custody, therefore she found out about all of this, but luckily she was understanding and I'm not in to much trouble.

Yeah so I NEVER knew that security guards had that much authority over people.

DO they have THAT MUCH authority?? I was always told that a security guard in the states could never even touch you..

Btw, I am 15, male, located in California, and this took place in a major local grocery chain store.
 
No, they aren't authorized to do that. You'll have to file a complaint with the police, though, which will involve telling them that you were helping a friend steal, which could get you and him in trouble.

Just forget about it. Yes, you might get a few powertripping security guards fired. You also might get yourself and your friend charged with theft, and you'll waste alot of time doing it.
 
Yeah. That's my main reason why I wasn't thinking about doing it. The security guards wrote in their shoplifting report that I was my friends "look-out" so I would probably get in more trouble if I told the cops about it... Yeh.. Fucking rent a pigs..
 
While most states have laws that allow citizens to make a "citizens arrest", I don't think parading someone through downtown wearing handcuffs is covered by any of those laws. I would think that if someone wanted to make a citizens arrest, that they would have to notify the police as soon as it was feasible. However, as you mentioned, they decided not to even make an arrest. It sounds to me like they just handcuffed you, and put you on display, maybe as some sort of power trip. It sounds like there might be a borderline criminal violtion on their part, but it's one of those things that doesn't get prosecuted. You could go after them civilly, but you would have to get your parents involved, and it would be a lot of shit that you don't really want to deal with.
 
In California, private security guards have the right to use a reasonable amount of force to stop shoplifters. I don't know if that includes parading you around, but they most certainly can physically stop you and handcuff you.

I cited the statute in another thread somewhere. Do a search for "shoplifting" or "citizens arrest".
 
Here you go:

California has a special provision for merchants detaining shoplifters; this only requires probable cause:

Cal. Penal Code § 490.5. Theft of retail merchandise or library materials; operation of video recording devices in theaters; punishment; civil liability; detention

(f)(1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant's premises.

[...snip...]

(2) In making the detention a merchant, theater owner, or a person employed by a library facility may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property.

(3) During the period of detention any items which a merchant or theater owner, or any items which a person employed by a library facility has probable cause to believe are unlawfully taken from the premises of the merchant or library facility, or recorded on theater premises, and which are in plain view may be examined by the merchant, theater owner, or person employed by a library facility for the purposes of ascertaining the ownership thereof.

(4) A merchant, theater owner, a person employed by a library facility, or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, or was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater, may request the person detained to voluntarily surrender the item or recording. Should the person detained refuse to surrender the recording or item of which there is probable cause to believe has been recorded on or unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity.

[...snip...]

(7) In any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to such action that the merchant detaining or arresting such person had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances.

[...snip...]
Click to expand...
 
It should be noted that in California there is no law against resisting a private person arrest, even if conducted by a security guard.

There are however laws against burglary (PC 459), larceny (PC 484/488) and assault/battery (PC 240/242), and I guarentee anyone who beats up some security guard while trying to get away will be charged will all of these...


X
 
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Ah I see. Well now I realize that everything the security guards did was I guess techniqually legal, and all they were doing was doing their job, but shit..
 
Adam X said:
It should be noted that in California there is no law against resisting a private person arrest, even if conducted by a security guard.
Click to expand...

I think there is, actually. In the other thread I cited to a case in which the court said the person being arrested has a duty to submit to it peaceably, at least when it is a security officer acting under the above statute.

Also, if you caused any physical harm to the guard during a valid arrest, I'm sure you could be held civilly liable for it.
 
I would be interested in a reference of that PC section, if it exists.


X
 
See People v. Score, 120 P.2d 62 Cal.App. 2 Dist (1941):

On finding himself at bay, it was appellant's duty then and there to stand and wait either to be escorted by Lepter to a magistrate (Pen.Code, § 849) or until the arrival of the police. Instead of doing this, he beat the chest of complainant and struck his face near his eyes with his clenched fists. These blows constituted an assault with force and justified the judgment if the court believed from the evidence that the force used by appellant was "likely to produce great bodily injury". Pen.Code, § 245.
Click to expand...

See also People v. Foster, 223 Cal.App.2d 275; People v. Garcia, 78 Cal.Rptr. 775.
 
" tried calling my friend telling him to come back so I wouldn't get in trouble for something I didn't even do.. He NEVER CAME BACK... WTF?! That's not a true-fucking friend!!!"

why would he come back? your not a true fucking friend, don't try to get your friends in trouble when you get questioned or caught or whatever.
 
Once they discovered that you did not steal anything, I see no reason for them to detain you as long as they did.

It sounds to me like the man-hours they spent looking for your friend likely cost the company more than the actual liquor stolen.
 
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