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Speak Up! - View Question #277 |
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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.
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On 05/09/05
Jessica from MD said:
I was arrested on criminal charges last year...i was not read my rights and i am still trying to prove my innocence . I was charged with Burglary 4th degree and M.D.O.P. I am innocent and did not break anything... what should i do?
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On 06/09/04
Greg from FL said:
As per Section 812.015(3)(a), Florida Statues:
"Security Officers in the employ of or contracted with retail establishments who have probable cause to believe that retail theft has occurred have specific statutory authority to 'detain' shoplifting suspects until law enforcement can respond to make an arrest. Law enforcement must be called to the scene immediately."
As for force Section 776.031, Florida Statues:
"Non-deadly force may be used by security officers to the extent necessary for self-defense ... or 'interference' with property he has a legal duty to protect."
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On 05/06/04
TGTResponce from PA said:
Under the Merchant Protection Statutes, a retailer is allowed to apprehend shoplifters, which includes the ability of reasonable force. Target policy allows for this as well. You are never placed under arrest, so the reading of your Miranda rights is not required. You are detained. Although it is true that Target would be liable for a false arrest lawsuit if you did not do anything.
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On 04/13/04
Konstantinos from CA said:
In response to Tom, A police officer in the State Of California, may un-arrest any individual(s) at his discretion that has been placed under a private persons arrest/citizens arrest.
Konstantinos Moshogiannis
Federal Contract Security Officer
Trained/Certified
by Federal Protective Service
Department of Homeland Security
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On 03/08/04
Ben from TX said:
In Texas a special law is in effect that says that any person "has the right to prevent the consequences of theft." Meaning that a private store owner or security guard can detain a person and even use reasonable force to hold a person for theft if they are caught shoplifting. If you fight with a security guard who is lawfully attempting to detain you may also be charged with assault or even robbery (upgrading a misdemeanor to a felony.) There is no requirement to read you Miranda warnings under these circumstances. Your rights are only read if you are in custody and interviewed.
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