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  1. #1
    Join Date
    Aug 2006
    Posts
    563

    Default Re: It's always someone else's child - not - CA

    question....

    if a store calls a LEO to the store and wants the shoplifter arrested. can the LEO use the police officers right of discretion to refuse?

  2. #2
    panther10758 Guest

    Default Re: It's always someone else's child - not - CA

    Actaully no because its not the officer (LEO) making the arrest its the LP! The LP is arresting officer its a citizens arrest. LEO cannot arrest for a misdemeanor that did not occur in their presence

  3. #3
    Join Date
    Sep 2005
    Location
    Illinois
    Posts
    36

    Default Re: Discretion Not To Arrest A Shoplifter

    Law enforcement can arrest for a misdemeanor that didn't happen in there presence. It happens everyday. Anything from retail theft to vandalism. The police don't have to be there. Also, yes, an officer can refuse to file charges even if a retailer insists. If there is not sufficent evidence, it's a juvenile case etc LE can decline to press charges, or the states attorney can refuse to press charges.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Discretion Not To Arrest A Shoplifter

    At common law, officers could arrest for misdemeanors only if the misdemeanors were committed in their presence. States have carved out various exceptions, typically allowing (or mandating) arrest in domestic violence cases, and authorizing arrest of a shoplifting suspect detained by a retailer.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Discretion Not To Arrest A Shoplifter

    Quote Quoting FrankieFigs
    Law enforcement can arrest for a misdemeanor that didn't happen in there presence. It happens everyday.
    Not in California it doesn't! In CA a police officer cannot generally arrest for a misdemeanor that did not occur in their presence. To do so could result in civil or criminal prosecution of the officer. There are some exceptions to this (see CA PC 836).

    In CA (and most states) this arrest could only be accomplished through the citizen's arrest process.

    The police don't have to be there. Also, yes, an officer can refuse to file charges even if a retailer insists. If there is not sufficent evidence, it's a juvenile case etc LE can decline to press charges, or the states attorney can refuse to press charges.
    Law enforcement MUST accept a citizen's arrest by law. I don't know about your state, but in CA there are only three lawful results of a citizen's arrest: Release for lack of probable cause, citation and release, or custodial arrest.

    There are relaxed requirements for probable cause when dealing with certain juvenile matters, but, in general, the police can NOT arrest for a misdemeanor not committed in their presence.

    I can cite case law if needed.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: It's always someone else's child - not - CA

    Quote Quoting THEAMAZINGCHAN
    question....

    if a store calls a LEO to the store and wants the shoplifter arrested. can the LEO use the police officers right of discretion to refuse?
    Not in California. if the store owner insists, then the officer MUST accept the arrest or face potential civil and/or criminal penalties.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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