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  1. #1
    Join Date
    Dec 2009
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    2

    Default Can I Defend a Shoplifter Being Assaulted by Store Security

    I was at Kroger's grocery today and saw a male security guard really manhandle a young teenage girl. He slammed her against a wall, pushed her head into the ground and forcibly restrained her. He also forcibly searched her purse and patted her down. She was not resisting at all, but was protesting being assaulted.

    He was in plain clothes and I had no idea he worked for the store until he told me. I was going over to assist this young lady who was no older than 17. I was going to punch this guy in the jaw. It was the most out of line thing I've ever seen.

    I stuck around and told the police, but they just seemed to think that I was a nuisance. She had $18 worth of merchandise which as I understand it is a class C misdemeanor. The cop told me that it was "not her first time" and that "once she left the store it became robbery." . I told the cop he was out of his mind. I stated that the mere fact that I took 20 minutes extra out of my day to tell him how outrageous this woman's treatment was should tell him something.

    How should I have handled this? What are the legal implications? Can these guys just manhandle you any way they want, or is there a "reasonableness" clause in the law?

    This was just plain ridiculous...very upsetting. I'm 6'6 and on the upside of 400 pounds. I can guarantee this security guard wouldn't have approached me like that.

  2. #2
    Join Date
    Oct 2009
    Posts
    217

    Default Re: Can I Defend a Shoplifter Being Assaulted by Store Security-Tx

    you can probably testify in court if she were to go to trial. Then again, she would need a private investigator on her side because you certainly won't be helping prosecutors case. I doubt she will hire a private attorney if she's stealing 18$ dollars worth of merchandise.

  3. #3
    Join Date
    Nov 2009
    Posts
    154

    Default Re: Can I Defend a Shoplifter Being Assaulted by Store Security-Tx

    Well, it really depends. I mean if there is proof in the security cameras that the girl was stealing, then you shouldn't have defended her because she was breaking the law.

    If the girl wasn't stealing, then, yes, defend her. An employee at a convient store yelled at me for something that I didn't do. When the employee couldn't find anything, the employee apologized, but did I accepted it? To this day, I sort of accepted it but I am still pissed off about it. I almost stick my middle finger at the store after that happened but I didn't it because they could bust me for rude behavior. Then again, I didn't even give a **** and I wanted to fight them for what they did. Luckily, I used my head and just walk across the street.

  4. #4
    Join Date
    Dec 2009
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    117

    Default Re: Can I Defend a Shoplifter Being Assaulted by Store Security

    More than likely you would have wound up charged for the assault of the store security officer. Then right about now you would be wondering why you let yourself get jammed up over a serial shoplifter.

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Can I Defend a Shoplifter Being Assaulted by Store Security

    Lets' assume arguendo, the facts are as said, the girl was roughed up without provocation, the fact she stole has NO bearing on it.

    You have a right to defend any person who you verily believe is being manhandled outside what the law permits.

    He slammed her against a wall, pushed her head into the ground and forcibly restrained her.
    Context is everything when making a decision to intervene. I was not there, so I do not know the extent of the word slammed. A person can only make a decision based on thier personal observation.

    If I see a police officer clearly beating someone, police brutality, I have every right to defend the person being beaten.

  6. #6
    Join Date
    Dec 2009
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    117

    Default Re: Can I Defend a Shoplifter Being Assaulted by Store Security

    Quote Quoting BOR
    View Post
    If I see a police officer clearly beating someone, police brutality, I have every right to defend the person being beaten.
    Let me know how that works out for you.

  7. #7
    Join Date
    Aug 2007
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    3,835

    Default Re: Can I Defend a Shoplifter Being Assaulted by Store Security

    Quote Quoting Papi Yanqui
    View Post
    Let me know how that works out for you.
    When an officer taser's your 10 year old in front of you, and you don't intervene, let me know how that works out for you and the child.

  8. #8
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Can I Defend a Shoplifter Being Assaulted by Store Security

    First: LP officers have every right to search a persons purse, coat, etc for stolen merchandise. I would think they also have the legal right to pat down/search for weapons - what LP person wants to take a shoplifter to the backroom and have a weapon pulled?

    What I would like to know about this "assault".
    (1) Is it possible the witness came in midway through the apprehension? That the suspect was struggling before the witness saw this "assault"?
    (2) As police were familiar with suspect - had suspect been apprehended at this story previously and put up a struggle, and the LP person judged she would do so again?

    Without being there ourselves, we really don't have an idea on what really transpired. I would guess that if the suspect felt she was roughed up, it would be up to her to get a lawyer, have security tapes reviewed, etc.

  9. #9
    Join Date
    Dec 2009
    Posts
    2

    Default Re: Can I Defend a Shoplifter Being Assaulted by Store Security

    I saw the "assault" from beginning until she was taken upstairs.

    The plainclothes store officer was in front of me in the quick checkout line. When the shoplifting suspect exited the store he ran outside after her to apprehend her. I saw the whole thing from start to finish.

    I am a pretty big guy and have worked in security before. If that would have been me instead of a teenage girl the store officer would have had a "different" approach. Yes...she did steal something. She had enough to qualify for a class C misdemeanor at most. I saw the dollar amount of product.

    The fact that I, a bystander, found it outrageous enough to stick around for 20 minutes and say something should tell you how outrageous it was.

    I am aware of the laws covering defense of a third party, but am not sure how that law applies to law enforcement or to employees of the owners of private property.

    If that girl were my kid....I would sue the store.

    I have since learned that the store security guard is a first year rookie on the local police force and works part time at the store when he is off duty. I am over it by now.......however, I am glad I saw the handcuffs otherwise I would have punched the store guard first and asked questions later.

  10. #10
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Can I Defend a Shoplifter Being Assaulted by Store Security

    Even then....punch first, ask questions later could have resulted in YOU being charged for assault....

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