Mom sues Target after son commits suicide

[JoeRedskin]

Under Maryland law, a private citizen (i.e. a security guard or just any non-comp Joe Schmoe) can make an arrest without an arrest warrant depending on the nature of the crime (commonly known as a “citizen’s arrest”). If the crime is a felony, a citizen can make an arrest if the felony is being committed in the citizen's presence or when a felony has in fact been committed, whether or not in the citizen's presence, and the citizen making the arrest has probable cause to believe the person arrested has committed the felony. If the crime is a misdemeanor, a citizen can make an arrest if the misdemeanor is committed in the citizen's presence or view and the crime amounts to a breach of the peace.

However, I don’t recommend going around attempting to make citizen’s arrest. Way too much room for misunderstandings and for lawsuits.

I expect that VA law is similar to Maryland and that the policy against security guards detaining folks is just that, a store policy.