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Question: Can a target security Guard arrest you for shoplifting, and will they get in trouble for not reading your Miranda rights?

Answer: First off, the only people that can arrest you for a crime are police officers. When you are in a store and are caught shoplifting by a store detective or security guard, they are not the people charging you with the crime of shoplifting. Instead, they are the witness to the crime, and may also be the victim of the crime. They inform the police of the crime, and the police then arrest you for shoplifting.

As far as Miranda warnings go  you probably need to first understand what they are, in order to understand what a failure to give them means. In the famous Supreme Court case Miranda v. Arizona, the courts decided that the prosecution may not use statements stemming from the interrogation of a defendant while in custody, unless the officers first it demonstrates the use of procedural safeguards effective to secure privilege against self-incrimination. Miranda v. Arizona 86 S.Ct. 1602, U.S. Ariz 1966.

In common English, this means that if the State puts you in custody somehow [i.e., you are arrested] and the police are asking you questions, they must first make sure that your 5th Amendment right not to self-incriminate is somehow protected. The courts decided that a persons 5th Amendment right to self-incrimination will be protected [when a person is in custody, and is being asked questions by the police] if the police provide a warning to them explaining what their constitutional rights are. Thus, the term Miranda warning.

Therefore, you are not going to get Miranda warnings if you are not in custody or not being interrogated.

The failure of a police officer to give you a Miranda warning while arresting you does not mean that you can get out of jail for free  it just means that you werent warned to keep your mouth shut  and if you say anything, it cant be used against you. For instance, lets say that you arrested for shoplifting, and the officer DID GIVE you a Miranda warning. If you then confessed to shoplifting, this would be a good confession and it would be admitted in court. Now lets pretend that you were arrested for shoplifting, but the officer forgot to give you Miranda warnings. If you then confessed, it would NOT BE a good confession. That is because you made your confession not fully informed of your rights, and the confession could not be used in court against you. In either case, your arrest still stands  the failure to give you a Miranda warning just limits the evidence that the prosecution can use against you in trial to prove your guilt.

Comments
11 thru 15 of 20 comments
On 03/02/04
Matt from SC said:
In the state of S.C. a security guard, while on his site, has the full authority and power as any law enforcement officer. So in S.C. a security guard can place you under arrest. There is also a bill being voted on that will make all state certified armed securtiy guards a full law enforcement officer on and off site. It is called the private police act, which has been working in N.C. and Florida for the last 4 years. The bill says if you are armed you must go to the police academy and stay up to date with all new training for law enfrocement.
On 02/29/04
Steph from MO said:
Comment to above. It's not just kids that shoplift. You're saying that an 80 year old needs to have their parents tell them what's right or wrong and keep an eye on them. All kids are some horrible terrors that cause all the problems. Adults do it too.
On 02/20/04
tom from CA said:
I would like to repond to the first comment. The police can not un-arrest anyone. In the state of Califonia if you make a ciizen arrest the police are obligated to take that person in to costody. If they fail to do so then they can be charged with a crime. The only exception is if they issue a citation in the case of a minor mistamaner. But the citizen who made the arrest is solely responcible in any cival action.
On 02/13/04
Kevin from AZ said:
From Queensland, Australia. In response to the above comment - I cannot believe that a person who has been placed in handcuffs by a private security guard for a felony is not actually under 'civil' arrest. Common law defines that a person who is under the belief that he is detained, and not free to exercise his own will, even though he has not been formally arrested, is in fact under arrest. Target need to look closely at their recruiting and training of security personnel.
On 11/27/03
Tom from MN said:
Two words: Citizens Arrest. Although a citizen cannot act as a police officer, they can use reasonable force to detain a suspect until the arrival of the police, at which time the detaining party effects a citizen's arrest. A citizen's arrest occurs when a private citizen witness a crime, and then conveys this information to police, in connection with a specific individual in police custody. Private citizen applies to anybody who is not a licensed law enforcement officer. They can be private security officers of guards, or simply a fellow shopper or bystander. The private citizen doesn't neces
11 thru 15 of 20 comments


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