There’s an interesting thread on The High Road concerning how to deal with a “Loss Prevention” person who demands to search you as you’re leaving a store.  Of particular interest to me is how one would deal with this in Texas while carrying. 

I’m not talking about setting off the scanner or cases where they want to verify a receipt against the contents of a cart or bag.  I’m interested in the full-on case where they suspect you’ve taken something and want to try to detain and search you.  In relation to that, I was curious as to the level of force they’re allowed to use (i.e. can they lay hands on you?). 

A lot of misunderstandings in the thread came from the fact that the law differs from state to state.  In some states they are not allowed to do much of anything.  In others they retailer (or employees) can take fairly drastic measures to detain a shoplifter.

Searching the Texas statutes led me to the following from the Civil Practice & Remedies Code

§ 124.001.  DETENTION.  A person who reasonably believes
that another has stolen or is attempting to steal property is
privileged to detain that person in a reasonable manner and for a
reasonable time to investigate ownership of the property.

The question then becomes what constitutes detaining a person in a “reasonable manner” and for a “reasonable time.”  Further, in their investigation of the ownership of the property, how far can they go in performing a search? 

The big problem I see here is that if someone is legally carrying a concealed weapon, then that person absolutely could not allow any kind of search of his person such that anyone else could access the weapon.  Further, even announcing to them that you’re carrying could potentially violate the concealment requirement of the law.  So you’re faced with a situation where you cannot allow a search and you can’t explain why.

My thought is that I would ask why I was being detained and explain to them that I will not allow myself to be searched by anyone other than a sworn peace officer and that they need to call the police right away or allow me to leave.  Further, if anyone places a hand on me I’ll ask if that person is a peace officer.  If not I will inform them that they may be facing criminal assault charges and the potential of a civil lawsuit, since I’m willing to wait for the police, which seems perfectly reasonable.  I just won’t be going anywhere (i.e. the “back room”) or allowing them to search until the police arrive. 

But frankly, I’m going to make a huge stink with the management about the incident when it’s over, because I don’t steal and they would have no reason to try to detain me.  Heck, it bugs me when I see people eating a grape in a grocery store if they haven’t paid for it yet.

Let’s just hope I never have to find out how this would work out.  My biggest fear in that situation would be some Rambo-wannabe who won’t listen or can’t be arsed to deviate from the script even if I’m being calm and rational.  But if it comes down to it, I can’t allow myself to be handcuffed or otherwise put in a position of having my carry piece found and taken by anyone other than a peace officer.