While we may think of shoplifting as an occasional problem that only gets addressed on after-school specials, it’s actually much more common than you’d expect. Shoplifting is the most common crime in America, and 75% of offenders are adults. Let’s learn about the steps to take if you find yourself detained by a store for shoplifting.
Can a Store Legally Detain Me?
In many states, including California, store owners are allowed to detain suspected shoplifters. This serves to protect them from allegations of false imprisonment. There are certain criteria that must be met, however, such as probable cause (enough information to reasonably believe a crime was committed). Examples can include a shopper avoiding eye contact with staff, spending a lot of time in corners, and wearing too-large clothing. Detentions without probable cause, for an unreasonably long period or done with excessive force, can erase these protections. Store owners are allowed to hold suspects only as long as it takes law enforcement to arrive, make an arrest or begin questioning. Ideally, the shop owner will have a trained professional, like a loss prevention officer, available when and if it becomes necessary to physically detain the suspect, who may turn aggressive.
Probable cause, in this case, means that the store owner must have reasonable suspicion of shoplifting. If the store has video and audio surveillance, that’s bad news for the shoplifter as that kind of hard evidence can build a much stronger case. Indisputable truth like this is often the difference between petty theft and a more serious criminal charge. Sometimes the suspects are arrested on the spot.