Q&A for How to Legally Detain a Shoplifter

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  • Question
    Can I search a person's property if I think they shoplifted in my store?
    Community Answer
    Community Answer
    You can ask them if they are willing to be searched, but a search against a person's wishes can only be carried out by the police.
  • Question
    Can my friend be arrested for shoplifting after the store let her go?
    Community Answer
    Community Answer
    Yes. Your friend has still committed a crime, and the store security is not law enforcement. The store may release an individual at their own discretion (usually if the suspect is uncooperative/law enforcement is delayed in their arrival). The store may still request a warrant for the suspect's arrest. Police will generally patrol the area for the suspect's vehicle or attempt to apprehend them at their residence.
  • Question
    A shoplifter left a store and several employees ran after him. The item was retrieved and they got him back into the store. When he attempted to leave, a female employee shoved him up against the wall and held him there with her forearm. Is this allowed?
    Community Answer
    Community Answer
    Store staff have to right to detain a known shoplifter while waiting for police officers to arrive. They may restrain a person in order to do this as long as the force is not excessive, which it does not seem to be in this case..
  • Question
    If I enter the store with a bag from another store, do I have to show security the contents of the bag when leaving?
    Community Answer
    Community Answer
    Laws differ from one state to another. In my area, you don't have to show the contents of your bag unless there is a sign posted stating otherwise.
  • Question
    What legal authority do store employees and security guards have to detain and physically restrain someone they suspect of shoplifting?
    Community Answer
    Community Answer
    This depends on the policy of the store, as well the state which it is located. Store security is usually certified to conduct the investigation and make the apprehension, though both store policy and laws differ from state to state.
  • Question
    Can department stores alert other locations of a potential shoplifter?
    Community Answer
    Community Answer
    Yes, and they did this frequently. If someone is regularly shoplifting at a store or if a person stole a high dollar item, they will send blow up pictures of that person to all of the surrounding stores.
  • Question
    If someone has stolen items in their car that no one saw them take, and they were caught at a different town's branch of the same store, what can be done?
    Community Answer
    Community Answer
    Legally you have no right to bring anything into someone's property, although obviously they allow you to. As such, confiscation is within the rights of security, presumably under the owner's approval. However, it must be given back the moment you leave, otherwise that constitutes theft.
  • Question
    If I was still in the vestibule but did not exit the store, can they tell me to go back with them?
    Community Answer
    Community Answer
    In some jurisdictions they can, but theft charges cannot be applied unless you fully exit.
  • Question
    Does a staff worker have an obligation to chase a shoplifter even if they are a minor?
    Community Answer
    Community Answer
    They might not be obligated, but they are definitely able to give chase provided they don't put themselves or others in harms way (e.g. giving chase in a crowded mall).
  • Question
    Can a loss prevention employee grab someone as they are leaving the store?
    Community Answer
    Community Answer
    As long as it's not excessive force. If you feel like it was excessive force, look into the laws regarding retail fraud and detention in your area.
  • Question
    Was it legal for store security to watch my daughter in the bathroom when he caught her shoplifting?
    Community Answer
    Community Answer
    It is legal, but depending upon the company, some company policies do not allow for it. But to answer your question, yes it is legal. It is required that the LP agent observe the subject enter the restroom with the merchandise, and then exit without it. A complete search of the restroom is required (usually by a second LP agent) to ensure that the merchandise was not discarded, while the other LP agent maintains observation of the subject.
  • Question
    If a store employee tackles me, can I file a lawsuit?
    Community Answer
    Community Answer
    Yes, absolutely. And you would have a compelling argument in court if you didn't physically provoke an attack (running away wouldn't be seen as provocation by any juror, by the way) and even more so if your reason for said lawsuit is as a result of you getting hurt.
  • Question
    Can an employee follow me outside and put down vehicle information if I was shoplifting?
    Community Answer
    Community Answer
    Yes, this option has persisted in every landmark case thrown against it or through it.
  • Question
    How should I respond to a call from loss prevention asking to speak to me about something?
    Community Answer
    Community Answer
    Be polite and answer their questions as best you can. If you try to avoid talking to them, you will look suspicious.
  • Question
    Is it legal or necessary for store security to ask for a person's Social Security number if they're suspected of theft?
    Community Answer
    Community Answer
    Absolutely not. The Social Security or SIN number (Canadian) information is for government use only.
  • Question
    Do police have to read a suspect Miranda rights before removing the person from the store?
    Community Answer
    Community Answer
    The police are required to read the Miranda warning when they effect an arrest or while a suspect is in a state of detention, prior to questioning them. Failure to do so makes the statements inadmissible but doesn't make eyewitness testimony or video evidence inadmissible. In other words, without the Miranda warning, your confession can't be admitted into evidence, but the video tape of you shoving merchandise down your pants can and will.
  • Question
    If loss prevention does not say who they are and are not saying what they saw a person take, is that a problem?
    Community Answer
    Community Answer
    Yes. It creates the impression that their detention is unreasonable. An unreasonable detention can devolve into a charge of false imprisonment and assault. If you're loss prevention, announce yourself.
  • Question
    Is it allowed to retain a minor?
    Alex Awsome
    Alex Awsome
    Community Answer
    This depends on how old they're. If the minor is under the age of majority, they'll try to get in touch with their parent or guardian. If they cannot get in touch with them, they'll have to contact the police instead.
  • Question
    Is an employee allowed to detain a suspected shoplifter, for another employee to pepper spray them?
    Ainsley
    Ainsley
    Community Answer
    No, because it has to be nonviolence. You should just detain them and leave it to the police.
  • Question
    Can a shopper, not the owner, do anything?
    Ainsley
    Ainsley
    Community Answer
    They don't have the authority to do it, but the shopper could report that to someone with authority to do so.
  • Question
    If I am a customer at a store and somebody walks out with merchandise and I witness it. Am I allowed to stop that shoplifter?
    Ainsley
    Ainsley
    Community Answer
    You could say something like "excuse me ma'am you forgot to pay for it." But it's risky, since the shoplifter might be violent. You could try to take a photo of that person and then show it to the police and store employees.
  • Question
    A shoplifter has left the store with stolen merchandise in a bag placed around her neck. Outside the store the shoplifter stated that no one could stop her now. How would you deal with this?
    Ainsley
    Ainsley
    Community Answer
    You can try to stop her by blocking the way, but don't resort to violence.
  • Question
    If I was meeting my party that I rode with at front of store and was accused of theft that I had but was visible and never left store can store employee physically assault me and doing so broke my phone.
    Mb_2c04a3d45491
    Mb_2c04a3d45491
    Community Answer
    That was too extreme of the store employee to physical assault you. You might want to talk to the manager on that store on the phone and file a complaint.
  • Question
    A female was stopped at the exit of a grocery store, was asked if she was concealing items and was made to lift her shirt. She was heavy chested. Was this OK?
    Community Answer
    Community Answer
    No. It's not her fault that she is heavy chested.
  • Question
    Can Loss Prevention personnel detain and search you and keep your personal items, including ID & wallet/purse?
    Mb_2c04a3d45491
    Mb_2c04a3d45491
    Community Answer
    Yes, in some localities. In some places Loss Prevention will not apprehend or touch you. They do not have the right to search your bag unless you give your consent.
  • Question
    If there are several police reports on shoplifters and they enter your store again, can you detain them while waiting on the police even if they didn’t steal?
    Mb_2c04a3d45491
    Mb_2c04a3d45491
    Community Answer
    Yes, you should detain those people since they were trespassing in the store.
  • Question
    My friend has never been caught stealing groceries but I heard that she can get caught even if she doesn’t go back. Can a grocery store find your information and send it to police months later?
    Mb_2c04a3d45491
    Mb_2c04a3d45491
    Community Answer
    If they did not see her steal, it is possible that the store will not find information and then send it to the police months later.
  • Question
    Can you ask the shoplifter who is still in the store to hand over the merchandise in their purse? And tell them the police are outside and waiting to arrest them, it is your choice? This is a lie I'm telling.
    Mb_2c04a3d45491
    Mb_2c04a3d45491
    Community Answer
    Well, that actually depends on the shoplifting situation. You do not know what the shoplifter will react when discovered. It could make things better or worse.
  • Question
    Does Walmart hire people that are known shoplifters?
    Community Answer
    Community Answer
    No. Most other places don't either.
  • Question
    If I pay the wrong amount at the register but do not leave the store, can they hold me for shoplifting?
    Community Answer
    Community Answer
    No, they won't hold you for shoplifting as long you have proof that you paid for the item, such as a receipt. This would be considered an honest mistake.
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