Hmmm.... maybe the laws are much different in Tennessee. Or maybe you should read up on both criminal law and evidence procedure.
Well Thanks Bill, but I believe I am reasonably well versed on both in Tennessee, in fact TN has some of the most liberal laws concerning this type of crime, and pursuit. I made no
legal claims, my statement was from a
common sense standpoint.
Certainly it is "legal" to pursue a shoplifter, whether it is wise is an
opinion.
Certainly you may
legally pursue said shoplifter while you are armed, and if he pulls a weapon you may
legally defend yourself.
My
opinion was, and is, that in doing so, you have needlessly escalated the situation to the point where you have now
possibly executed someone for petty theft.
(a misdemeanor)
Is it "legal"? certainly. Is it right ? Not in my
opinion.
Now, if the thief produces a weapon
inside the establishment, for the purpose of robbery (a felony) Then stopping the threat is justifiable. (IMO )
As a side note, you may find it interesting to know that in TN, not only is it legal to pursue a felon, you may even break in his own door or window to make an arrest. (just like a
Real LEO)
There is also, currently, a large bruhaha about such practices by private citizens, and "armed security" mall ninjas, and their use of
excessive force. Seems the private citizen just
might not have the training to know when enough is enough.
A rather "Big Box" chain of stores that is one of my customers has come up with the right idea concerning this type of crime, they use
video as evidence, then, instead of a "pursuit" they
casually follow the person, call LE, and wait. Or, write down a license plate number, and obtain a warrant. The video is their evidence, seems like a much better plan to me, and nobody takes the risk of killing, or being killed, over a six-pak.