Was it legal to hold my cousin in the back room of a Kmart?

Yes due to private property laws. The K Mart security has police like powers of detaining in their store. Since he was caught stealing Pokeman cards on the store premise K Mart was within its rights to detain your brother. Probable cause still applies but since these stores have cameras, and other security devices I am sure they could prove there case in any court room. Now suppose your brother got out of K Mart and got home a store official can not get a warrant and go grab your brother. They are out of there jursidiction and would have to go to the police.

Ok upon reading this story something does not add up. The only time they ask to see a recipt is if an alarm goes off. Hence probable cause. Further once he started arguing with the officer over the contents of the bag he gave more probable cause to search. This guy thought he knew more than he did and it cost him.

Yes. If a store's security staff is 100% certain that a theft was committed, a shoplifter can be detained but the police must be promptly called. If he's a minor, then it's up to them if they wish to call the parents instead. What a property owner (or his agents) cannot do is hold a suspect there for a ridiculous length of time until making the call. Many years ago, security guards would often detain you in the store for hours or even the entire day as punishment and interrogate you before notifying any authorities.

Great article, by the way. Fortunately, most door exit receipt checkers are sufficiently professionally trained in asset protection rules and know they cannot detain a customer just because he refuses to show his receipt.

Legally stores can detain shoplifters and hold them until police arrive, at the stores discretion. So yes, KMart was allowed to legally hold him. Technically they could have called the police and had the police take him to the station and call his parents to pick him up there. They actually made it alot easier on your cousin. I was arrested after stealing a 75 cent can of soda when I was 15, and they did take me to the police dept and call my mom to pick me up. Stores do need to be really careful when it comes to detaining shoplifters because of the risk of lawsuits after being falsely arrested. Heres an article that goes over the legalities on this:

http://www.crimedoctor.com/shoplifting3.htm

Shops are allowed to detain shoplifters with "probable cause". If they are minors, then they can be released to their parents if the shop doesn't want to call the police. If the store had a reasonable basis to suspect that he was stealing, they had every right to detain him. Of course, they could have called the police also, and I don't think it would be smart of you to complain that they didn't.

They caught him stealing, of course it is legal for them to keep him in the back room until someone comes to pick him up. What are they going to do, let him go with the threat he will go back into the store and steal some more?

No, your brother had the right to be taken away by the police for shoplifting. Kmart actually gave your brother a break, if they didn't press any charges and just waited for a parent to pick him up.

It probably was, i mean if they had no power to detain someone until the cops arrived then everyone could go around stealing stuff

Depending on the state, it might have been legal. In Arizona, shopkeepers and employees are allowed to detain shoplifters.

you bet its leagl to hold him in the back room. he was caught stealing,not visiting.the age does not matter. you will want to thank the store for calling his family to pick him up. they could have had him taken to juvenile.

----retired texas deputy sheriff----

geez, I don't know.

I know my sister was 10 being held at the hallmark for trying to swipe 'hello kitty' items, lol

and she learned a big lesson