Originally Posted by rhett7660
This also goes for misdemeanors. 836.5 I believe. Would have to look it up. But a misdemeanor not committed in the presence of a peace officer. This is how most stores operate for the stealing of beer, cd's etc. Stuff that is under the dollar mark for a felony.
Generally speaking a misdemeanor must occur in the presence of a peace officer, but there are many exceptions. In the case of shoplifting the merchant or their agent will sign a CA (citizen arrest) and the police or deputy will then take custody of them (then likely releasing them on a citation). However if the shoplifting actually meets the elements of burglary or grand theft it is now a felony and no CA is necessary -- the officer can make the arrest based merely on the probable cause.
A shoplift suspect who violently resists a merchant (or agent) attempting to detain them can easily pass out of a misdemeanor petty theft and into robbery a felony.