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by srothstein
Sun Feb 19, 2012 2:36 am
Forum: General Texas CHL Discussion
Topic: Retail Theft question
Replies: 70
Views: 10194

Re: Retail Theft question

74novaman wrote:So paid security people and random bystanders can forcibly detain people they think are shoplifting now?

Im not a litigious type, but if a rent a cop and a bystander used force to keep me somewhere, I'd be pressing charges for unlawful detainment and assault.

Another thing to consider before you jump into a situation like that.

Edit: to clarify...I know security guards can stop someone and ask to inspect their bags,ect. But as to wrestling around pinning someone down as stated in the OP... Isn't that overstepping their authority?
It is specifically authorized for them or you to use force for a lawful arrest. One of the justifications in the Penal Code for the use of force is (trimmed to the relevant portion):

Sec. 9.51. ARREST AND SEARCH.
(b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor
reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape
after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose
and the reason are already known by or cannot reasonably be made known to the person to be arrested.

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