Legal Question in Criminal Law in Texas

How long can a minor be held for shoplifting before calling the police?

How long can a store hold and question a 14 year old minor for shoplifting before they must either release the minor, call the minor parents, or call in the police?


Asked on 12/02/00, 7:39 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: How long can a minor be held for shoplifting before calling the police?

The store can detain a shoplifting suspect for a 'reasonable time' to investigate whether or not a theft has occurred. What constitutes a reasonable time simply depends upon the circumstances.

Taking a statement from a minor without a parent or guardian or lawyer present probably renders the statement inadmissible in further legal proceedings against the minor if done by law enforcement. Security guards are not bound to administer Miranda warnings, and neither is law enforcement unless the suspect is under arrest.

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Answered on 12/04/00, 8:13 am


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