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  1. #21
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    Default Re: Shoplifitng from Fry's in Texas

    Quote Quoting dagreat1
    View Post
    ...
    Also the "in Presence" requirement that most states have concerning misdemeanor arrests is NOT a statue..its an elemental requirement. Do your homework
    ...
    If it is an "elemental requirement," then it must be in the statute.

  2. #22
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    Default Re: Shoplifitng from Fry's in Texas

    Quote Quoting dagreat1
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    Also the "in Presence" requirement that most states have concerning misdemeanor arrests is NOT a statue..its an elemental requirement. Do your homework
    Sure it's a statute: AND there ARE exceptions:


    http://www.statutes.legis.state.tx.u.../htm/CR.14.htm

    The presence requirement:
    In general, the misdemeanor arrest rule requires a crime to be committed in an officer’s presence before an officer can make a misdemeanor or gross misdemeanor arrest.5 Presence means that the officer perceived the offense through his or her senses, usually through direct observation.

    There is an important timing aspect that is implicit in the presence requirement – if an officer was not there at the time the crime was committed, the presence requirement is not satisfied.11 Under
    the completed misdemeanor rule, officers cannot make an arrest – or an investigatory stop – for acompleted misdemeanor or gross misdemeanor offense that is days old.12 However, courts have also carved out an exception for crimes that have been completed “in thevery recent past.”13 When an officer arrives on the scene within moments after the crime was
    completed, courts still give officers the authority to stop the individuals who committed the crimand make an arrest.14
    Minnesota courts have yet to precisely decide the duration of “the very recent past exception,” budo offer some guidelines. For example, in one case, the court held that “very recent past” rulwould allow an arrest for a misdemeanor one hour after the offense.
    I don't know what your source is here, but I have a better one:

    Scroll down to APPENDIX:

    State Statutes Authorizing Warrantless Misdemeanor Arrests

    http://www.law.cornell.edu/supct/html/99-1408.ZO.html

    My state, Ohio, permits an arrest for a misdemeanor theft not committed "in presence" as long as it is within a reasonable time after it's commission.

  3. #23

    Default Re: Shoplifitng from Fry's in Texas

    Quote Quoting BOR
    View Post
    Sure it's a statute: AND there ARE exceptions:


    http://www.statutes.legis.state.tx.u.../htm/CR.14.htm



    I don't know what your source is here, but I have a better one:

    Scroll down to APPENDIX:

    http://www.law.cornell.edu/supct/html/99-1408.ZO.html

    My state, Ohio, permits an arrest for a misdemeanor theft not committed "in presence" as long as it is within a reasonable time after it's commission.
    that may be true but the exceptions dont apply to this set of facts.

  4. #24
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Shoplifitng from Fry's in Texas

    'Round these parts, some stores photocopy a shoplifting suspect's ID, take a photo, try to get a statement/admission, and ship all of that along with an incident report to the police department. The suspect is released after the store completes its investigation, but may well get a summons some time later.

  5. #25
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    Default Re: Shoplifitng from Fry's in Texas

    Quote Quoting dagreat1
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    that may be true but the exceptions dont apply to this set of facts.
    I never said they did, I was just posting the actual statute to the in presence law. You did say it was not statutory though, which it is.


    Also, although I have not sifted through Texas law concerning it, either a summons could be issued OR a "Warrant on complaint", as in my state.

  6. #26

    Default Re: Shoplifitng from Fry's in Texas

    Quote Quoting aaron
    View Post
    'Round these parts, some stores photocopy a shoplifting suspect's ID, take a photo, try to get a statement/admission, and ship all of that along with an incident report to the police department. The suspect is released after the store completes its investigation, but may well get a summons some time later.
    maybe but that would apply only if the suspect was detained. Outside of that they shouldnt have any of these things in their possession.

  7. #27
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    Default Re: Shoplifitng from Fry's in Texas

    Quote Quoting BOR
    View Post

    My state, Ohio, permits an arrest for a misdemeanor theft not committed "in presence" as long as it is within a reasonable time after it's commission.

    (F) Any peace officer may arrest without a warrant any person that the officer has probable cause to believe has committed any act described in division (B)(1) or (2) of this section , that the officer has probable cause to believe has committed an unlawful taking in a mercantile establishment, or that the officer has reasonable cause to believe has committed an act prohibited by section 2913.07 of the Revised Code. An arrest under this division shall be made within a reasonable time after the commission of the act or unlawful taking.




    http://codes.ohio.gov/orc/2935.041


    There are other exeptions to the "in presence" requirement.


    The federal constitution has NEVER mandated a crime, even a minor one, be committed 'in the presence" of an officer to conform to the 4th AM.

  8. #28
    Join Date
    Mar 2005
    Location
    Michigan
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    Default Re: Shoplifitng from Fry's in Texas

    Quote Quoting dagreat1
    View Post
    maybe but that would apply only if the suspect was detained. Outside of that they shouldnt have any of these things in their possession.
    Who shouldn't have any of what things?

  9. #29
    Join Date
    Mar 2007
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    9,085

    Default Re: "In Presence" Requirement for Misdemeanor Arrests

    BOR & Aaron...

    Would reasonable time start from the time of the theft or the time of the DISCOVERY of the theft?

  10. #30
    Join Date
    Jul 2006
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    Default Re: Shoplifitng from Fry's in Texas

    Quote Quoting aaron
    View Post
    Who shouldn't have any of what things?
    Jeez, Aaron. Do I have to translate everything for you?

    They shouldn't have any of those things.

    dagreat is a law student.

    Everything is purfectly cleer.


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