Radloff v. National Food Stores, Inc.

(on motion for rehearing). Plaintiffs call attention to our statement that the store employees had no right to arrest the shoplifter because the alleged crime was a misdemeanor, and to the implication therein that a person not an officer is not permitted to arrest without warrant for any misdemeanor. They point out correctly that under the common law a person not an officer was permitted to arrest without warrant for a misdemeanor constituting a breach of the peace and committed in his presence.1

We find no Wisconsin decision dealing with this principle.2 It appears that it is still in force…