General Discussion
In reply to the discussion: Michael Brown, Ferguson Victim Paid For His Rellos [View all]aint_no_life_nowhere
(21,925 posts)where that shopkeeper could have apprised himself of that innocence through other means (consulting with his clerk), I doubt that any jury will find that there was probable cause or reasonable grounds for the detention. Besides the difficulty in getting a jury to convict that shopper innocent of theft, you have the reality that this was a very minor battery committed by Brown consisting of a push, resulting in no apparent physical injury. What kind of DA is going to take that case?
I don't think you're looking at this correctly. The shopkeeper's privilege statute was enacted to protect merchants from charges of false arrest or false imprisonment, not to prosecute those who fail to allow themselves to be detained. If Michael Brown was prosecuted for failing to allow himself to be detained and committing battery against the shopkeeper, he just has to describe that it was not his intent to do so or to commit any crime, that he felt any detention was unreasonable because he had paid for the cigars and was innocent of theft. If he walked out of the store and went home and didn't steal anything and the police verified he didn't steal anything, what crime has he committed? Resisting arrest applies to law enforcement officers, not shopkeepers.