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<blockquote data-quote="Kzach" data-source="post: 5847388" data-attributes="member: 56189">I don't know about other countries but 'detain and question' constitutes arrest here in Australia. In fact, arrest can be any situation in which a person FEELS as if they are prevented from leaving an area. Just blocking an exit and standing in the way of someone leaving a building can constitute arrest.Furthermore, ANYONE can do it. Which is why we have a very sticky situation with bag-checking in Australia (Victoria) when leaving a business. Only the police have the right to stop someone and search their person or property without a warrant. Anyone else who stops someone without either a warrant, police command or 'finds committing' (you've witnessed them committing an indictable offence) and/or tries to search another person's property or person, is committing false arrest which carries some seriously nasty penalties.In addition, if a citizen (ie. not a police officer) witnesses you shoplifting (ie. putting something in your bag and walking out of the store with it) but loses sight of that person for even the slightest instant, they have then lost 'finds committing' and can't legally arrest the offender.In essence, this allows anyone to just steal whatever they like and walk straight out of a store with it because unless the loss prevention officers or someone else has witnessed the person concealing the item and walking out with it, without ever losing sight of them from the moment of concealment to the point of exit, you can't legally stop or search them; in fact, even if you stop them, if the person says no to a search, you can't search them at all for whatever reason. And if anyone does try, the thief can charge the person with false arrest and illegal search.</blockquote>

[QUOTE="Kzach, post: 5847388, member: 56189"] I don't know about other countries but 'detain and question' constitutes arrest here in Australia. In fact, arrest can be any situation in which a person FEELS as if they are prevented from leaving an area. Just blocking an exit and standing in the way of someone leaving a building can constitute arrest. Furthermore, ANYONE can do it. Which is why we have a very sticky situation with bag-checking in Australia (Victoria) when leaving a business. Only the police have the right to stop someone and search their person or property without a warrant. Anyone else who stops someone without either a warrant, police command or 'finds committing' (you've witnessed them committing an indictable offence) and/or tries to search another person's property or person, is committing false arrest which carries some seriously nasty penalties. In addition, if a citizen (ie. not a police officer) witnesses you shoplifting (ie. putting something in your bag and walking out of the store with it) but loses sight of that person for even the slightest instant, they have then lost 'finds committing' and can't legally arrest the offender. In essence, this allows anyone to just steal whatever they like and walk straight out of a store with it because unless the loss prevention officers or someone else has witnessed the person concealing the item and walking out with it, without ever losing sight of them from the moment of concealment to the point of exit, you can't legally stop or search them; in fact, even if you stop them, if the person says no to a search, you can't search them at all for whatever reason. And if anyone does try, the thief can charge the person with false arrest and illegal search. [/QUOTE]

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