[quote]vroom wrote:
Zap Branigan wrote:
Leaving the store with merchandise and refusing to show a receipt is reasonable grounds to believe an offense may have been committed.
It looks like the store employee used reasonable force and did not commit assault as well.
Perhaps. Unless more people simply refused to show a receipt…
Anyway, the store employee did not arrest him, so he had no right to detain him at all – according to the rules posted above you don’t have to do anything unless “arrested”, except leave if asked.
This may be why, assuming laws and other bullshit, the guy called the cops on his own.
If I go to your home, or your business, you don’t have the right to search my pockets against my will, do you?[/quote]
No person would have that right…all they can do is ask you to leave their house. Thats false imprisonment territory…unless they have reasonable cause that someone has stolen something from your house,business,etc.
You then have right to make citizens arrest…which pretty much only gives you right to detain someone…not physically search them…which after reading this:
http://www.omeda.org/fastfacts/1800.htm
I think this pretty much sums it up. If the store has evidence for probable cause to suspect shoplifting(or maybe the cashier was being investigated,who knows) they were warranted in their actions. If they don’t have this evidence, the guy has a case…even if he was an ass. End of story.
As for the whole ID,obstructing justice,its more complicated:
http://codes.ohio.gov/orc/2921.29
http://codes.ohio.gov/orc/2921.31
It states he doesn’t have to give info BEYOND name,D.O.B.,ADDRESS. Three things that are common to police to accurately identify people and found on driver’s license.
Since when do police officers have to take someone’s word as to i.d. them? People give false names all the time. The police officer wasn’t just asking some stranger in the parking lot for his I.D. He was investigating a POSSIBLE crime. By refusing his request,he is delaying his duties to investigate POSSIBLE crime.
Thats one possible view…doesn’t Ohio have some kind of Patriot Act?? If so the police have right ask for I.D. regardless. If thats the case the guy losses this battle.