A Criminal Situation

The doctrine of the "shopkeepers' privilege" expressly grants merchants or their agents (security guards) the authority under law to detain people whom are reasonably perceived to have stolen merchandise, as long as the manner in which the individuals being detained and the duration of the detention are reasonable under the circumstances (Kaminsky, 2007). Don Johnson owns and operates a golf driving range in Jacksonville, Florida. Don's range is surrounded by a high fence and backs up to a subdivision. On a recent Friday evening, Don saw three persons out on his range, apparently picking up golf balls. As he approached them, they ran, crawled under the fence and into the subdivision. Don pursued them through the subdivision. As one was attempting to climb a six foot board fence, Don caught him. After a brief scuffle, Don was able to subdue him and drag him back to the range. At the range, Don forced the boy into his car and drove him to the police station where he signed a warrant against him.

It turns out that the alleged thief that Don had caught was 13 years old. The fence he had been attempting to climb when Don caught him was around his home. The boy quickly turned in his friends to the police