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Discussion in 'GA Laws and Politics' started by Boy Racer, Jul 22, 2007.
Is there such a thing in Georgia? Where can I read more about them?
The short version:
Yes, you can do it. No, you probably shouldn't try it.
As long as you're driving this you'll be okay:
You can do it. Opens you up to possibility of law suit though. I would never do so unless I absolutely had no choice and a felon would most likely escape otherwise.
After reading the code sections posted by Legacy, it appears that the only time you can perform a citizens arrest would be in the case of a felony - at which time you would have to take them to a peace officer, magistrate, etc within 48 hours.
That's how I read it.
MP is our resident expert on the subject......... he's done it a couple of times, much to his wife's chagrin!
That's not my reading of it. The felony part has an "if" in front of it. It's been my experience that citizen's arrests are most common in shoplifting cases, but I don't know if that holds true across the board.
I've done it more than once.
Did you hold them for 47 hours and 59 minutes?
Ha, ha! I missed this before I posted.
Yep. Better make sure you are right when you do it.
The only difference between a citizen's arrest and a law enforcement officer's "power of arrest" is:
Shopkeepers get some measure of immunity, which is why those arrests are so common.
If you do it, you better be right.
For shop owners, do they have to witness the person actually take the merchandise and leave the premises without the intent of paying for it, or is concealment enough in Georgia?
Concealment = shoplifting.
I had always thought you actually had to attempt to leave the premises before it was shoplifting. I guess technically I have committed shoplifting when putting a few packs of screws in my pocket till I got to the register at home depot. Oops.
Not in Georgia.
Yes. I would not do that anymore.
Why not? Home Depot will fire anyone that tries to stop you...
When I was working security we were told that was the law, but most stores have an attempt to leave premises policy.
BTW Opening the bag and starting to eat = concealment.
I have managed big box retail stores for three different large retailers and they all had virtually identical corporate rules on shoplifting:
(1) Employee could not stop the individual, only observe and call management
(2) Person was asked by management if they would like to pay for the item they had concealed
(3) Person was not asked to stop until they had passed the register lanes
(4) At no time was the person held, grabbed or otherwise physically detained, if they cooperated you could escort them to an office or other place to await the police
(5) If they continued to leave the building, you allowed them to do so and just took down their tag number for the police
So basically, if someone wanted to steal from you and knew your corporate policy they could do so blatantly, ignore your command to halt and just walk out the building. By the time the police arrived they would be long gone and as catching a shoplifter is never that high on the police list of priorities they were basically home free.
Rinse, repeat, profit.