I got into a bit of a discussion at a meeting I was in recently about arrest vs. detention. We had an incident in which a felony theft suspect was stopped by an officer in an enclosed lobby area with two exits. The officer was quickly joined by two other officers who posted themselves at the two exits.
Our on site police officers arrived in force shortly thereafter and placed the man in cuffs and led him away. Our security officers do not carry cuffs.
My argument is that we arrested the male. Everyone else in the meeting claimed that we merely detained the male until police arrived. My argument is that when a reasonable person feels that they are no longer free to go, they are under arrest. With an officer patting him down and telling him that he had to wait for the police and officers blocking both of his exits, I contend that our staff arrested him.
We are in a corporate setting. The way that I have read Minnesota law is that only merchants have the right of detention. In other security settings, you cannot legally "detain" someone until the police arrive, you must arrest them and then turn them over to the police.
Am I right? Wrong? Kinda right at least?
Our on site police officers arrived in force shortly thereafter and placed the man in cuffs and led him away. Our security officers do not carry cuffs.
My argument is that we arrested the male. Everyone else in the meeting claimed that we merely detained the male until police arrived. My argument is that when a reasonable person feels that they are no longer free to go, they are under arrest. With an officer patting him down and telling him that he had to wait for the police and officers blocking both of his exits, I contend that our staff arrested him.
We are in a corporate setting. The way that I have read Minnesota law is that only merchants have the right of detention. In other security settings, you cannot legally "detain" someone until the police arrive, you must arrest them and then turn them over to the police.
Am I right? Wrong? Kinda right at least?
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