Walking out past a security point without showing your receipt to some clown is not reasonable grounds. Not only would I strongly defend myself against someone who tried to stop me in such a situation, I would file criminal charges against the person and sue the person and store.
Texas Code of Criminal Procedure
Art. 18.16. Preventing consequences of theft.
Any person has a right to prevent the consequences of theft by
seizing any personal property that has been stolen and bringing it,
with the person suspected of committing the theft, if that person can
be taken, before a magistrate for examination, or delivering the
property and the person suspected of committing the theft to a peace
officer for that purpose. To justify a seizure under this article,
there must be reasonable ground to believe the property is stolen, and
the seizure must be openly made and the proceedings had without delay.
Texas Civil Practices Act
§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.
The above is the legal authority a store employee has to detain a suspected shoplifter.
Below is the law if no reasonable grounds exists;
Texas Penal Code
§20.01. Definitions.
In this chapter:
(1) "Restrain" means to restrict a person's movements without
consent, so as to interfere substantially with the person's liberty,
by moving the person from one place to another or by confining the
person. Restraint is "without consent" if it is accomplished by:
(A) force, intimidation, or deception.
§20.02. Unlawful restraint.
(a) A person commits an offense if he intentionally or
knowingly restrains another person.
I shop a lot at Fryes, and I refuse to stop after I have paid for merchandise. Once I pay, I own the property and they have no right to restrain me.
The courts have held that if the security tag alarm activates, then they have reasonable grounds to detain me and investigate the ownership of the property.
My wife HATES going to Fryes with me.
