Canadian Security Guard Fundamentals · Question
A store owner observes an individual concealing merchandise and attempting to leave without paying. When can the store owner lawfully arrest this individual?
A store owner, as a private citizen, can make an arrest under Section 494(1) of the Criminal Code for an indictable offence (theft over or under $5000) when the
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Question: A store owner observes an individual concealing merchandise and attempting to leave without paying. When can the store owner lawfully arrest this individual?
Answer options:
- Only after waiting for a police officer to arrive and confirm the theft.
- Once the individual has fully exited the store premises with the stolen goods. ✅ Immediately upon observing the act of theft, before the person leaves the property.
- Only if the value of the concealed merchandise exceeds a specific dollar amount.
Correct answer: Immediately upon observing the act of theft, before the person leaves the property.
Explanation: A store owner, as a private citizen, can make an arrest under Section 494(1) of the Criminal Code for an indictable offence (theft over or under $5000) when they find a person committing the offence. The act of concealing merchandise with intent to steal constitutes the offence being committed, allowing for immediate lawful detention.
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