Ashely, maybe you are mixing the issues here as you are borderline illiterate and just cannot understand.
According to the OP's report, she was NOT shoplifting, so there was no reason to detain her, right?
In either case, security guards and law enforcement are very different. They operate in a different legal capacity, even if a police officer was moonlighting as a security guard for Wal-Mart, he would have to identify himself as a law enforcement officer at the initial contact with the suspect.
You are just too stupid to understand that. Don't challenge me until you graduate the third grade at least. Learn how to spell, and learn how to comprehend what was actually written.
For example, here in Florida, a security officer can only detain a person if they have been observed shoplifting AND/OR have set off a security device. Even then, the physical contact is very minimal.
In either case, you need to learn how to read and pay attention.
I am very specific in what I write and how I write it. Go back to the third grade because you are a bonafide idiot.
In the case that the OP described, that security officer (NOT police officer) had no legal cause to physically detain that person, based on the information given.
And, yes, you can just flip off and ignore a security officer, LEGALLY, because they are NOT law enforcement UNLESS they identify themselves as LAW ENFORCEMENT and show a law enforcement badge. Other than that, they have absolutely no legal authority.
Case in point. When I lived in Phoenix, while walking out of a Wal-Mart, I bought a bunch of stuff and was walking out, when a person at the door stopped me and challenged me to see my reciept with a very nasty attitude, like they were accusing me of stealing something. I simply refused, as BY LAW, once I check out at the register, those items are mine and the store has no further rights to that merchandise, and has no legal right to demand to see my reciept. This person got pissed and called security. Security followed me to my car and demanded to see my reciept. I ignored this fool as well. The jerk grabbed my arm when I tried getting into my car. I turned around and beat that fool senseless, and I was justified. He assaulted me, under the law.
Now, if that had been a genuine police officer stopping me to make a request to see proof of purchase as a law enforcement officer AND identifying himself as such, and showing a badge, I would have been required to comply. That's the difference between law enforcement and a rent-a-cop-thug.
After this fool got treated at the hospital, he was charged with battery. Wal-Mart management took his side, naturally, and banned me from the premises. No big loss there, I hate Wal-Mart, and K-mart was directly across the street. No problem.
>>>>>>>>
I worked for several of walmart's compeditor chains and we did hire off-duty police officers to work secruity, it wouldn't be out of line for walmart to do the same. I suppose you have mangaed a wal-mart and can definatively prove that they do not hire off-duty police officers at any of their stores?
Also, if security cannot detain shoplifters, then why bother having security? So you are saying I can just walk in wal-mart grab whatever I want and walk out flipping off the security because they can't stop me? That's ridiculous.
http://www.shopliftingprevention.org/shoplifting-laws/shoplifting-laws.html#laws" What can a store do if they suspect a person of shoplifting?
Under most state laws, a store has the legal right to stop and detain a suspect if they have “probable cause” – meaning they have seen the suspect take the merchandise, conceal it, move or modify the item and/or fail to pay for the item before leaving the store. The store also has the right to demand the return of the merchandise, to ban the offender from their store for a period of time, to prosecute the offender criminally and charge the offender with a civil penalty as well – all under local and state law.
Also:
http://en.wikipedia.org/wiki/Shopkeeper%27s_privilege#cite_note-0
In some jurisdictions of the United States, the courts recognize a common law shopkeeper's privilege, under which a shopkeeper is allowed to detain a suspected shoplifter on store property for a reasonable period of time, so long as the shopkeeper has cause to believe that the person detained in fact committed, or attempted to commit, theft of store property.
Obviously you need to know what is legal in your particular state and local area. Where I live it is perfectly legal for wal-mart security to stop and detain an individual.
