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by thetexan
Mon Dec 22, 2014 10:04 am
Forum: General Texas CHL Discussion
Topic: Mall security and right to physically detain you
Replies: 281
Views: 44970

Re: Mall security and right to physically detain you

Ok,

Under

§ 124.001. DETENTION. A person who reasonably believes that another has stolen or is attempting to steal property is privileged to detain that person in a reasonable manner and for a reasonable time to investigate ownership of the property.

does one have the right to resist a person's detention under those circumstances? Or can you simply say, no thank you, I think I'll leave now and walk out. Under 124 can force be used legally to effect the detention and would resisting that person's detaining force be unlawful? Especially, if, in fact, you have not stolen anything. Or must the benefit of the doubt be given to the shop owner in the eyes of the law? It seems to me that this statute is simply a indemnification of the shop owner to remedy as long as his actions are deemed reasonable.

As to alarms at a store. In my opinion they are the equivalent of a digitized version of "STOP THIEF!". Since someone yelling that at me would have the wrong guy I would not respond by acknowledging that it is referring to me and I would keep walking. Let a human being stop me if they are certain I am stealing and let those chips fall where they may.

OF COURSE, you better be certain you have not forgotten something and that you have a receipt with you for every item you have because that tactic will also work against you if you are wrong.

tex

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