To: Toddsterpatriot
I understand it well. It says they may detain with probable cause, it does not say imprision, arrest, or search. There is also no requirement to produce identification, provide your name, or provide fingerprints. Moreover, outside of the electronic tracker, probable cause can get very slippery. Refusing demands they can not legally make is not probable cause for LEOs let alone LP.
The standard advice I have seen about how to deal with a confrontation by an LP is to demand that they state why they are detaining you, remain in a public place, and call 911 to report unlawful detention. Once the store management realizes that a mistake has been made, demand a public apology and the termination of the employee involved or you will be filing suit. They will trip over themselves to comply.
Other recommendations I have seen include if the police bother to respond (some departments won't) insist that they seize the camera tapes right them to prevent tampering. Also generate your own recording of the incident. Many cell phones and MP-3 players have that capability.
Despite the above, I am not against legitimate efforts to prevent theft. However some of those in pseudo law enforcement, including LP, have Deity issues. Not allowing them to trample on your rights is not a crime.
To: Starwolf
I understand it well. No you do not. The "probable cause" standard does not apply to merchants, depending on your jurisdiction, the standard is "reasonable."
To: Starwolf
The standard advice I have seen about how to deal with a confrontation by an LP is to demand that they state why they are detaining you, remain in a public place, and call 911 to report unlawful detention. Once the store management realizes that a mistake has been made, demand a public apology and the termination of the employee involved or you will be filing suit. They will trip over themselves to comply. And just to make sure that we are on the same page, if I detain you because I have a reasonable belief that you are leaving my store without paying for my merchandise, then you are in no position to make demands, If you feel that your have been unreasonably detained, then I'll see you in court.
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