Georgia Firearm Forums - Georgia Packing banner
1 - 20 of 23 Posts

·
Registered
Joined
·
4,226 Posts
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.
 

·
Registered
Joined
·
6,306 Posts
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.
 

·
Registered
Joined
·
6,172 Posts
MP is our resident expert on the subject......... he's done it a couple of times, :handcuffs: much to his wife's chagrin!




[-X
 

·
Registered
Joined
·
9,075 Posts
wsweeks2 said:
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.
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.
 

·
Super Moderator
Joined
·
69,784 Posts
Thorsen said:
Opens you up to possibility of law suit though.
Yep. :wink: 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:

Warrants

Traffic

Immunity

Shopkeepers get some measure of immunity, which is why those arrests are so common.

If you do it, you better be right.
 

·
Registered
Joined
·
6,306 Posts
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?
 

·
Registered
Joined
·
160 Posts
Malum Prohibitum said:
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.
 

·
Super Moderator
Joined
·
69,784 Posts
wwomack said:
Malum Prohibitum said:
Concealment = shoplifting.
I had always thought you actually had to attempt to leave the premises before it was shoplifting.
Not in Georgia.

wwomack said:
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.
Yes. I would not do that anymore.
 

·
Registered
Joined
·
5,215 Posts
wwomack said:
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.
MP said:
Yes. I would not do that anymore.
Why not? Home Depot will fire anyone that tries to stop you... :lol:
 

·
Registered
Joined
·
3,596 Posts
Malum Prohibitum said:
Concealment = shoplifting.
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.
 

·
Registered
Joined
·
4,226 Posts
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.
 
1 - 20 of 23 Posts
Top