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  1. #1
    Join Date
    Jun 2014
    Posts
    185

    Default Why Don't Store Loss Prevention Officers Need Search Warrants

    Quote Quoting DeputyDog
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    Now - I'm glad you brought up that loss prevention are not the police. I have always loved it when I'm working in the LP role and someone says that. Why? Because they have no idea how true that is! Working in LP, I don't have to read you your miranda rights, and anything you tell me is admissible in court. I can continue to question you even after you request an attorney, and again, anything you tell me is admissible in court. And in any search I make of you or your things, whatever I find has no hope of being suppressed, since I'm not a cop and therefore not an agent of the state.
    If you have the power to detain people for the police, then you are an agent of the state. And you definitely need to have a warrant to conduct a search.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Refusal to Cooperate With Loss Prevention After a Shoplifting Accusation

    Quote Quoting John_28
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    If you have the power to detain people for the police, then you are an agent of the state. And you definitely need to have a warrant to conduct a search.
    Unless done so at the direction of the state (i.e. an officer is telling the person to do it), this is not true. While there may be a state or two that holds private citizens to this standard, that is not the case in most states.

    LP does not need a search warrant to search a person or their property, and if they detain people they are not acting as agents of the state - they hold their own liability as specified in the statutes if they use excessive force to affect the detention or arrest, or make an unlawful detention or arrest.

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