security guards tackle shoplifter!

[GMan26]

I was visiting the Apple Store on business at a mall (my new job is tech support for Apple) and after I was done providing support to the store I went to the food court to grab a bite to eat. As I was leaving the mobbed place I heard people screaming, "STOP STOP!" I see this TALL guy wearing a backpack running through the crowd and 6 uniformed mall security guards running after him.

This Tall shoplifter grabbed a bystander and yelled, "I have a hostage what ya gonna do now!" All 6 security guards just stood there. Finally the so called "hostage" pushes this guy away from him and said, "Get of me!" and starts to walk away when all 6 guards tackle the shoplifter to the ground hitting him in the head and back and putting cuffs on him. In the commotion the "hostage" got knocked to the ground and was claiming his wrist was broken.

Seeing we live in a sue happy society this didn't look good. The shoplifter kept laughing, "I'm gonna sue all of you..." and the "hostage" joined in and said, "I'm going to sue the mall!"

Not knowing what powers mall security have - I don't think they can use force, not what I and 100 others saw. Can mall security use physical force? I mean they don't seem like they received any training and mind you they are only probably 19-21 yrs old.

[sbrad]

Don't know about CT, but here they could make an arrest as a private citizen. As for the "hostage", that's about the craziest thing I've heard all day.

[Deputy757]

As to whether the mall security officers can use force, the answer is....it depends. In KY, the shoplifting statute states that a merchant or his representative can detain a suspected shoplifter and that they may use force to do so. If the mall has an arrangement with the retailers located there that security is to assist with shoplifting cases...then they would be ok (in KY). I don't know about the state you are, or were, in.
As to whether the force was excessive, I'd have to have been there to comment. The man was fleeing so it's possible he'd already been in a fight with store or mall security in which case he'd have elevated shoplifting to Robbery 2nd, a felony. By taking a hostage he's elevated it to Robbery 2nd and possibly Kidnapping (depending on how froggy the DA is). From what you described the force doesn't seem all that excessive to me.

[GMan26]

I was actually in Albany yesterday (where that happened) and today I'm in Chestnut Hill, MASS eating in the food court now. But it should be said the shoplifter put his hands up when they took him down. It just looked like a brawl and the security guys were going nuts on him screaming kicking yelling. It was quite a sight. Can't wait to get back to CT.

[JD45]

They can use force in CA, but they're taking a big liability upon themselves when doing so.

[acreature]

Pile on!!!!!!!

[GoDirectly2Jail]

In Virginia:

§ 8.01-226.9. Exemption from civil liability in connection with arrest or detention of person suspected of shoplifting.

A merchant, agent or employee of the merchant, who causes the arrest or detention of any person pursuant to the provisions of §§ 18.2-95, 18.2-96 or § 18.2-103, shall not be held civilly liable for unlawful detention, if such detention does not exceed one hour, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery of the person so arrested or detained, whether such arrest or detention takes place on the premises of the merchant, or after close pursuit from such premises by such merchant, his agent or employee, provided that, in causing the arrest or detention of such person, the merchant, agent or employee of the merchant, had at the time of such arrest or detention probable cause to believe that the person had shoplifted or committed willful concealment of goods or merchandise. The activation of an electronic article surveillance device as a result of a person exiting the premises or an area within the premises of a merchant where an electronic article surveillance device is located shall constitute probable cause for the detention of such person by such merchant, his agent or employee, provided such person is detained only in a reasonable manner and only for such time as is necessary for an inquiry into the circumstances surrounding the activation of the device, and provided that clear and visible notice is posted at each exit and location within the premises where such a device is located indicating the presence of an antishoplifting or inventory control device. For purposes of this section, "electronic article surveillance device" means an electronic device designed and operated for the purpose of detecting the removal from the premises, or a protected area within such premises, of specially marked or tagged merchandise.

[Piggy]

Why do I get the feeling a certain verified LEO is going to post an ad for mall security holding a high powered rifle. (don't disappoint us)

[Citicop]

In Missouri (oddly enough) an on duty security officer has all the same statutory power and authority as a Police Officer. This can be (and usually is) further restricted by the policies of the company in question.

It's never made a lot of sense to me, since there is a whopping sixteen hours of training required to get a security license.

-Citicop.

[Citicop]

Piggy, this one's for you...

Mall Ninja

[scott715us]

I worked retail LP and sometimes called mall security to assist if there was more than one shoplifter. In TN, citizens arrest (which security officers are technically making) can happen and we can use enough force to effect the arrest. TN even has a different statute on citizens arrest, forced used, and even lethal force. Many of the unarmed security officers whether it be loss prevention or actual uniformed mall security do not have a lot of training in take-down techniques or use of force. I didn't receive any training. So if the use of force is excessive and the perp is injured pretty bad, I would think the attorney for the perp might have a case. All we knew at the time was to take em down and get the cuffs on them and wait on the police. Like the others have said, it may vary from state to state.