Should this reporter have been arrested?

And that is illegal. No one can detain anyone unless they are a duly appointed agency of law enforcement.

 

Ever heard of a citizen's arrest, boots?

 

That's in the movies. That crap doesn't hold up in the court of law. don't believe me? Try it.

 

But I don't get it, Boots - if you use my example from above, why wouldn't the people who are detaining the shoplifters also be arrested once the police show up, or why is the shoplifter not released for being illegally detained? I'm honestly not trying to be argumentative, I just don't get why it's illegal.

 

Citizen's arrests can be valid.

Several states have statutes saying so.

boots is just trying to be argumentative. Somebody should lock him up.

 

According to answers.com:

All states other than North Carolina permit citizen arrests if a felony crime is witnessed by the citizen carrying out the arrest, or when a citizen is asked to help apprehend a suspect by the police. The application of state laws varies widely with respect to misdemeanor crimes, breaches of the peace, and felonies not witnessed by the arresting party. Note particularly that American citizens do not have the authorities or the legal protections of the police, and are liable before both the civil law and criminal law for any violation of the rights of another. In the United States, the police do not have to determine the legality of the citizens arrest and this practice has been greatly criticized.

North Carolina General Statutes do not provide for citizen arrest, but instead provide for detention by private persons. [4] These statues apply both to civilians and to police officers outside their jurisdiction. Citizens and police may detain any person whom they have probable cause to believe committed in their presence a felony, breach of the peace, physical injury to another person, or theft or destruction of property. The key distinction between an arrest and a detainment is that the detainee may not be transported without their consent.

 

Thanks mark for backing me up. Note that shoplifting is NOT a felony. Laws vary from state to state.
As far as security personnel detaining someone, that happens because of one of two things: 1, the detainee doesn't know the law. 2, the state MAY have a law concerning detention.

 

Backing you up? He shot you down. And shoplifting can be a felony.

Most states have laws allowing allowing merchants to hold suspected shoplifters. Most states also allow a citizen's arrest for misdemeanors involving a "breach of peace" which has pretty broad meaning.

Where did you get the idea that "No security guard, unless he is a recognized agent of law enforcement, can legally detain or arrest someone"? You're trying to sound knowledgeable with a statement like that, but it's just not true.

 

Not to get into a pissing match but I've done security and have family in security. The laws vary from state to state but NO SECURITY guard has the power in the United States to arrest or detain anyone UNLESS they are law enforcement. Check the law in your state.

 

This is simply untrue, and has been shown to be so on this thread, on this page.

But thanks for playing.

 

OK zeke. You're a bright guy. I don't know what state you're in but give it a shot. Call a security company or go to a security guard, perhaps even the one at your building, and ask him these same questions. When you get your reply, please post it. I'm anxious to read it.

 

When presented with evidence that you are wrong, you respond with "I've done security and have family in security." I've worked in a hospital and I have family who work in medicine. That doesn't make me a doctor. But I do know how to research a topic so I can make an informed statement.

As markvid posted, pretty much every state provides for some time of citizen's arrest. Last I checked, security guards are usually citizens. It is not "crap [that] doesn't hold up in the court of law."

Are you able to admit that maybe...just maybe...you're wrong about this?