Q&A for How to Legally Detain a Shoplifter

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.

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.

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..

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.

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.

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.

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.

In some jurisdictions they can, but theft charges cannot be applied unless you fully exit.

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).

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.

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.

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.

Yes, this option has persisted in every landmark case thrown against it or through it.

Be polite and answer their questions as best you can. If you try to avoid talking to them, you will look suspicious.

Absolutely not. The Social Security or SIN number (Canadian) information is for government use only.

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.

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.

You can try to stop her by blocking the way, but don't resort to violence.

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.

No. It's not her fault that she is heavy chested.

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.

Yes, you should detain those people since they were trespassing in the store.

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.

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.

No. Most other places don't either.

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.

Yes, you have to leave the store without paying to be charged with shoplifting.

If the shoplifter is underaged, contact their parents instead of the police.

You should not try to chase a shoplifting suspect if they manage to escape from the store, as doing so is dangerous. If this happens, you should gather evidence from the security camera footage, and witness statements from both the customers and employees. Also, if you manage to get a clear picture of the suspect, put them on the banned customers list and call the police next time they show up.

Not if you are a citizen. If you are a properly licensed security guard in a jurisdiction that permits such employees to use tasers in this manner, then you can taser a shoplifter if they are posing a threat to everyone in the site.