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View Diary: UPDATE x2: Romney Campaign TRAPS supporters wanting to leave PA Rally (327 comments)

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  •  Then the guard should be charged (4+ / 0-)
    Recommended by:
    gffish, pgm 01, carpunder, chiefsjen
    And if that RAC had decided to put you under
    arrest (or at least citizen's arrest) would you have physically resisted?  With deadly force (such as whacking him over the head with a heavy object) if necessary?

    IANAL, but that being said, if that's the case then the poster has the right to press charges and/or sue the guard and/or the store.  A security guard can only detain a person and make a citizen's arrest if the guard saw the crime taking place.  Otherwise, the guard has the same rights to detain and search someone else as the average person.  A security guard isn't allowed to search a person without consent and certainly not allowed to detain/search someone just because they think a person committed a crime.

    •  That is not entirely accurate. In some states (1+ / 0-)
      Recommended by:

      a store security guard has the power to detain/search someone if they have a reasonable suspicion that they were trying to steal from the store.  In other words, in those states store security guards have expanded rights to detain/search/arrest beyond what an ordinary person would have (but less than a police officer would).  Also, in some states an ordinary citizen only needs reasonable suspicion to carry out a citizen's arrest and are protected if they are wrong provided they can show reasonable suspicion.  

      Of course, IANAL and the limitations and potential liability will vary between states so the safest thing to do is just call 911 and let the police handle it.

      You have watched Faux News, now lose 2d10 SAN.

      by Throw The Bums Out on Mon Nov 05, 2012 at 01:00:42 AM PST

      [ Parent ]

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