Q: If a security guard and employee of a store gets in front of me as I'm leaving a store assuming that I've stolen items,
If I refuse to stop and go around not allowing them to touch me or use defensive moves to get by is that illegal?
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- Answered
A:
If a security guard suspects you of theft and tries to stop you, it's important to understand your rights and the legal implications. Generally, if you haven’t stolen anything and refuse to stop, simply walking around the guard without physical confrontation is not illegal. However, using force or "defensive moves" might escalate the situation and could potentially lead to legal complications for you.
In California, a security guard has the right to detain someone they reasonably believe has committed theft, but they must do so without excessive force. If you believe you're being wrongfully detained, try to remain calm and avoid physical altercations. You can later contest the detention or any accusations in a legal setting if necessary.
It's advisable to cooperate to a reasonable extent to avoid unnecessary conflict, but you should also protect yourself from any undue physical contact or force. If you feel your rights are being violated, documenting the incident and seeking legal advice afterward can be beneficial.
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