View Single Post
  #40   Report Post  
Old January 11th 05, 06:09 PM
Dave Balcom
 
Posts: n/a
Default

On Tue, 11 Jan 2005 10:03:27 GMT, "Tom H" wrote:

}My question is: doesn't the fact that the beeper went off give security the
}right (Probable cause) to make an arrest, in the event that the person
}refuses to submit to a search?

Probably not to make an arrest. Of course that does depend on state laws
(which vary). In Missouri, to make a "citizen's arrest" you have to
reasonable believe the person is committing a theft (crime) and then
actually be right that a theft occurred. A police officer merely needs
probably cause to believe ANY crime occurred and that the person did it. So
to physically stop and detain/arrest someone is risky for merely setting
off an alarm absent someone actually seeing them stuff something or walk
out without paying. There are far too many false alarms to risk a civil
lawsuit anyway.

That doesn't even address when searches are justified (an entirely
different animal)...

Later,
Dave