AR15.Com Archives
 Shoplifter in my store
Deadeye675  [Team Member]
4/5/2012 7:25:51 PM
My brother was working the morning shift this morning. Guy shoved a fifth of Seagrams Gin in his pants. My brother caught him. Made him empty his pockets .....cash and keys. And the liquor of course.

This is not the funny part. Guy took off sprinting and by the time he got to his baby momma car he had in lot he realized he didnt have the key.

So at this point he proceeds to impersonate Jesse Owens down the fucking road.....running so fast he came out from underneath his hat. cops showed up within 4 minutes of my brothers call, called before dude took off. My brother had 5 other customers in the store and he got flustered and forgot to cuff the guy, instead he made him grab some carpet and wait. Bro turns his back for a half a second and that was like the starting pistol.

Still not the comical part yet. At this point we have the booze he paid for, a pint of Burnetts vodka, the booze he tried to steal, about $50, his hat and the keys to his baby momma car. Cops arrive, tell my bro to call a tow company to get it towed. I know the tow guy so at this point he's calling me to explain and get the tow truck on the way.

While the cops are still there baby momma shows up to get her car. Of course she doesnt know who was driving it. Then she suggests that it could have been stolen. LOL. Cops says ohh so on top of the shopliftiing charge now hes got a bonafide Grand Theft Auto on his hands. It is also suggested to noone inparticular that filing a false police report is also a crime. Wellllll it might not have been stolen. But she didnt know who all had keys to it. Cops tell my brother to call off our tow truck cause at this point its getting impounded. "So , if you dont know who was driving it or if it was stolen how did you find out that it was down here at the liquour store being used in the commission of a theft?" "Uhhhh uhhhhh uhhhhhhhhhhhhhhh But its my car and i need it back" "sorry its now evidence until we can determine who the driver was"



HAHAHAHAHa play stupid games win stupid prizes mofo.

For the record my bro never drew down on the guy or anything but he did have his pistol on his hip. I told him that he was smart and not to take it out unless he was scared of physical harm...that guy was just trying to run away.
ffsparky26  [Team Member]
4/5/2012 8:23:24 PM
Where is your shop at?
Deadeye675  [Team Member]
4/5/2012 9:18:13 PM
Jackson
acegunner  [Team Member]
4/6/2012 8:00:31 PM
Can You legally handcuff someone as a civilian business owner?

I'm not at all trying to stir anything up, just thought that was a no-no...I'm just curious as a former business owner

I hate thieves!
david_g17  [Member]
4/6/2012 9:43:20 PM
I'm pretty sure you can make a citizen's arrest whether you are a store owner or not.

Just be dog gone sure they are guilty of a crime. You can also be sued for making a false arrest.

...and you can't mention citizen's arrest without posting the Andy Griffith clip: http://www.youtube.com/watch?v=9efgLHgsBmM
Waldo0506  [Team Member]
4/7/2012 4:27:20 AM
Originally Posted By acegunner:
Can You legally handcuff someone as a civilian business owner?

I'm not at all trying to stir anything up, just thought that was a no-no...I'm just curious as a former business owner

I hate thieves!


Under the proper circumstances a person hired by the company can handcuff on site. The business owner can too in TN. I get on LP each time they don't throw the cuffs on fast enough.
PBIR  [Team Member]
4/7/2012 8:11:24 AM
Originally Posted By acegunner:
Can You legally handcuff someone as a civilian business owner?

I'm not at all trying to stir anything up, just thought that was a no-no...I'm just curious as a former business owner

I hate thieves!



This is from an opinion paper from the AG's office circa 2003: http://www.tn.gov/attorneygeneral/op/2003/op/op18.pdf

Tenn. Code Ann. § 39-11-621 permits a private person, making an arrest authorized by law,
to use “force reasonably necessary to accomplish the arrest of an individual who flees or resists the
arrest.” Therefore, the use of handcuffs or restraining devices is permissible by private persons and
security guards provided it is reasonably necessary to accomplish an arrest. This is not a blanket
approval of the use of restraining devices. The statute contemplates the use of force only upon an
individual who has fled or resisted arrest. The statute restricts the use of deadly force to that used
in self-defense or in the defense of a third party. Tenn. Code Ann. § 39-11-621 (2002).

Whether the person has fled or resisted arrest will determine whether force may be used to
arrest an individual. The statute allows the use of force “reasonably necessary to accomplish the
arrest of an individual who flees or resists the arrest.” Tenn. Code Ann. § 39-11-621 (2002). The
force “reasonably necessary to accomplish the arrest,” will vary greatly from situation to situation.

A citizen who makes an arrest does so “at his own peril,” and will therefore be held legally
accountable for the mistaken belief that the arrest was proper, even when the citizen has probable
cause to believe an offense had been committed. Martin v. Castner-Knott Dry Goods Co., 181
S.W.2d 638, 642 (Tenn. App. 1944); Tenn. Code Ann. § 39-11-621, Sentencing Commission
Comments (2002).
BobCole  [Team Member]
4/7/2012 6:06:31 PM
The punk whom is suspected of torching Specialty Arms had been arrested for shoplifting shortly before. Some po-po say shoplifters sometimes may be more violent than a robber as the shoplifter may be more desperate to not get caught.

Having said that, I HATE a fucking thief of any sort.....................
Deadeye675  [Team Member]
4/8/2012 12:40:57 AM
Yep. over the 12 years i have been either employed by or owner of a liquor store we have ALWAYS cuffed shoplifters. The above quote of the TCA verifies that it is indeed legal. And to avoid false arrest the cuffs do not go on until it is 110% affirmed that they are guilty. We will have them simply wait while we review the video camera tapes. if they run then we will detain them but on a honest mistake i have never had anyone not wait for us to review tape.
Evilsmurfkilla  [Member]
4/8/2012 1:08:58 AM
I'm not sure I'd take too kindly to security/retail staff trying to handcuff me. Then again I don't go around shoplifting and thieving.
Waldo0506  [Team Member]
4/8/2012 7:02:47 AM
Originally Posted By Evilsmurfkilla:
I'm not sure I'd take too kindly to security/retail staff trying to handcuff me. Then again I don't go around shoplifting and thieving.


None of the thieves appreciate it either. There is training on how to deal with people who do not appreciate our efforts.
bytor94  [Team Member]
4/8/2012 7:05:48 AM

Originally Posted By Waldo0506:
Originally Posted By Evilsmurfkilla:
I'm not sure I'd take too kindly to security/retail staff trying to handcuff me. Then again I don't go around shoplifting and thieving.


None of the thieves appreciate it either. There is training on how to deal with people who do not appreciate our efforts.




PBIR  [Team Member]
4/8/2012 1:23:50 PM
Originally Posted By Deadeye675:
Yep. over the 12 years i have been either employed by or owner of a liquor store we have ALWAYS cuffed shoplifters. The above quote of the TCA verifies that it is indeed legal.


Actually it does not. It says you may be justified in cuffing if they attempt to flee or resist arrest. It also says you do so at your own peril, meaning that you are not protected from civil suit or even possible criminal charges, so you had better be able to articulate or better yet provide video showing why you felt it was necessary to use handcuffs etc.