Both. FS 812.015
(3)(a) A law enforcement officer, a merchant, a farmer, or a transit agency's employee or agent, who has probable cause to believe that a retail theft, farm theft, a transit fare evasion, or trespass, or unlawful use or attempted use of any antishoplifting or inventory control device countermeasure, has been committed by a person and, in the case of retail or farm theft, that the property can be recovered by taking the offender into custody may, for the purpose of attempting to effect such recovery or for prosecution, take the offender into custody and detain the offender in a reasonable manner for a reasonable length of time. In the case of a farmer, taking into custody shall be effectuated only on property owned or leased by the farmer. In the event the merchant, merchant's employee, farmer, or a transit agency's employee or agent takes the person into custody, a law enforcement officer shall be called to the scene immediately after the person has been taken into custody.[emphasis added]Note also in the definition part of that statute(b) The activation of an antishoplifting or inventory control device as a result of a person exiting an establishment or a protected area within an establishment shall constitute reasonable cause for the detention of the person so exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator, provided sufficient notice has been posted to advise the patrons that such a device is being utilized. Each such detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device.
(c) The taking into custody and detention by a law enforcement officer, merchant, merchant's employee, farmer, or a transit agency's employee or agent, if done in compliance with all the requirements of this subsection, shall not render such law enforcement officer, merchant, merchant's employee, farmer, or a transit agency's employee or agent, criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
(1)(h) "Antishoplifting or inventory control device" means a mechanism or other device designed and operated for the purpose of detecting the removal from a mercantile establishment or similar enclosure, or from a protected area within such an enclosure, of specially marked or tagged merchandise. The term includes any electronic or digital imaging or any video recording or other film used for security purposes and the cash register tape or other record made of the register receipt.thus, even a video tape of you doing something innocent yet suspicious looking is sufficient to stop you and you have little or no recourse.
Why do I stand firmly on this? Because I always carry a firearm (except when in a “prohibited place”-which I no longer grace w/my person or my cash). I am not required to inform anyone other than a licensed peace officer (on government duty, not moon-light security work at wally-world), and then per MO statute, only if they ask.
My status as a CCW is between me and the state of MO, or if in extreme circumstances, a person who has put me in a lethal force situation. No one else gets to pat me down, look at my wallet, demand ID (I don't carry my passport, everything else in my wallet pertains to some permitted activity (driving, CCW)or status (VA Disability card, DOD Retired status/geneva conventions card) etc. Period.
Yes, I do pay in cash, so far no one has asked me to present a “cash-holders” ID, yet.
Yeah, I am a pain in the behind on security/privacy issues, has something to do with my constitutionally guaranteed God-given natural rights.
Thanks for taking me to task-I learned something that may come in handy someday.