Bortukal
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- Sep 18, 2011
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If someone commits a crime in the presence of another, that person may be detained by that person, security guard or not. Reasonable use of force is allowed if the suspect resists. Here's one source to back that up, but there are many others. I can find absolutely nothing to support what you said. As for your other comment about "doing and saying anything" to bust a suspect...that's laughable, and I'm shaking my head over it.I have studied law, & I am telling you, if a suspect walks away from a private security officer, the only thing that security guard can do is report the incident & call the police. They have NO legal right to detain the suspect. If the suspect is stupid enough to stick around & wait for a police officer, they are foolish.
If you like, feel free to put your theory to the test. Walk into a store sometime and ask for security. Inform them you are going to shoplift and do so in their presence. Refuse to "volunteer" to be apprehended when they attempt to do so. After you are forcibly detained, see how long it takes for your lawsuit to be dismissed.
http://www.legalmatch.com/law-library/article/authority-of-security-guards.html