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Posted: 3/25/2001 4:14:07 AM EDT
Seems he is racially motivated
Link Posted: 3/25/2001 4:17:29 AM EDT
[url] http://cbsnews.com/now/story/0,1597,281250-412,00.shtml [/url]
Link Posted: 3/25/2001 4:31:49 AM EDT

This one works!
Link Posted: 3/25/2001 4:38:07 AM EDT
That can work both ways.  I have seen shoplifters who were black try to intimidate others by accusing them of racism.  I had a large black woman tell me that I thought she was stealing only because she was black.  I told her, no.  The cordless phone she had shoved down her pants made me think she was stealing. I hate thieves in the worst way. [rail]

Link Posted: 3/25/2001 5:07:09 AM EDT
Seems he is racially motivated
View Quote

Exactly the right word "seems."
What they don't mention is that their
security staff meets... how to put this...
the current requirement for diversity.
Link Posted: 3/25/2001 5:08:07 AM EDT
A legal question based on this post--

Let's assume you are not stealing and give no cause to think you are (if you are in a mall, and carrying bags from other stores, but don't put that store's merchandise in them, etc.) and Mr. Mall Ninja decides to come up behind you and place you in a choke hold.  

You know you are not in the wrong.  Mr. Mall Ninja is now performing assault and battery upon you, and may be going to do great bodily harm.

What are you justified in doing:
1.  Breaking his arm and possibly face?
2.  Shooting him as a verifyable danger to yourself?

I looked up the code here in IL, and I believe it says that merchants can detain you if they think you are stealing from them without fear of being charged with false arrest.  However, I don't find anything in the code allowing security to use excessive force to detain you.  

Does it matter if the guard is in uniform or not?  I would assume that even if he identifies himself as a security guard (mall ninja member of the rapid deployment force--or at least has all the guns dripping off of him along with 3 layers of Level 4 boday armor) the moment he uses excess force, he looses all protections he has under the law and then becomes a dangerous assailant.

Link Posted: 3/25/2001 5:55:39 AM EDT
You know what.  I just noticed something missing from this story.  Not one mention of whether or not the persons involved were actually stealing.  Seems to me that if there was evidence that these people were innocent that the story would have mentioned it.  Now I'm not saying every thief deserves to die, but...  You play the game... You take your chances.

Link Posted: 3/25/2001 6:07:25 AM EDT
What struck me in this story was the Hispanic guy that was choked to death by the moonlighting officer in the mall in Texas.  He was going to ARREST a guy for saying the word bull****...and the guy was trying to LEAVE the store when he did it.  The guy wasn't trying to cause trouble, wasn't arguing with the people or causing a scene, he simply said "This is bull****!" as he was going out the door.
I kept thinking that they must be leaving out part of what happened, but the cop himself confirmed it on camera...he was going to arrest the guy for "Disorderly conduct" for using the word bull****.  
This is the worst example I have ever seen of someone who became a cop just to have the chance to exercise his power in public.
Link Posted: 3/25/2001 6:17:57 AM EDT
A legal question based on this post--

I looked up the code here in IL, and I believe it says that merchants can detain you if they think you are stealing from them without fear of being charged with false arrest.  However, I don't find anything in the code allowing security to use excessive force to detain you.  

View Quote

Don't quote me one this, because it may vary state from state, but as security guards, they don't have ANY powers of arrest.  Therefore any attempt to hold you against your will could be construed as false imprisonment, which it a big no-no.

But I'm not sure exactly how the law looks at it, being that you are on someone's private property and the security guards are hired by the property owners to protect that property, you might lose the right to protection against false imprisonment.  

Anyone who actually finished law school have the answer on this one???
Link Posted: 3/25/2001 6:53:39 AM EDT
In Florida, security guards only have the arrest powers that any other citizen has, the power to make a citizen's arrest if they witness a crime being committed.  So, in other words, if a security guard (NOT an off-duty cop, those you would do best to obey) tries to detain you for something you know you didn't do, you do NOT have to go with him.  He can, of course, call the police and have you arrested, but he has no legal right to use force against you to detain you unless he actually saw you commit a crime.
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