catching shoplifters?

[dpriddy]

I'm a manager at a local surf shop and we catch a lot of shoplifters. My question is how far can I go to detain them? If punches are thrown at me can i fight back? (I would rather not but only if its my only option) Are there any techniques that i should know about? Thanks you for you time. I would also like to take this time to thank all the HBPD for all their help.

[Ron-Solo]

You may use reasonable force to detain someone, but make sure your store policies allow for that. Sometimes the use of force can escalate the situation to a "strong arm" robbery instead of a "petty theft". Get in touch with your local PD's crime prevention officer. They provide a lot of valuable info.

Shoplifters need to be prosecuted in my opinion.

[Cpl. Haas]

Short answer: Yes, you can fight back and use physical force to detain/arrest a suspected shoplifter.

Long answer: California Penal Code Section 490.5...

(g) As used in this section:

(2) "Merchant" means an owner or operator, and the agent,
consignee, employee, lessee, or officer of an owner or operator, of
any premises used for the retail purchase or sale of any personal
property capable of manual delivery.

Unless you own the store though, you should get permission from the owner to stop thieves... lots of chain stores do not allow employees to confront shoplifters, and will not back you if something goes wrong. If you work in a small privately-owned shop though, just ask the owner if you haven't already.

Having said that:

(f) (1) A merchant may detain a person for a reasonable time for
the purpose of conducting an investigation in a reasonable manner
whenever the merchant has probable cause to believe the person to be
detained is attempting to unlawfully take or has unlawfully taken
merchandise from the merchant's premises.

This gives you the authority to detain someone you suspect has stolen from your shop. You don't have to arrest them at that point, if you feel the need, you can ban them from the store... call parents... etc.

If you chose to arrest them, see PC 837...

If you go to detain someone and they resist/fight:

(2) In making the detention a merchant, theater owner, or a person
employed by a library facility may use a reasonable amount of
nondeadly force necessary to protect himself or herself and to
prevent escape of the person detained or the loss of tangible or
intangible property.

[BigDogatPlay]

+1 on the above.... store policy will out. If there is a policy that says "no confrontation" you would have to abide by it. Definitely make contact at the local LEA. They might also be willing to share if they have seen activity in your immediate area and what / who to watch out for.

It's becoming more and more common for shoplifters who physically resist apprehension by store folks to be charged with strong arm robbery. This, IMO, is a very good thing. I'm sure a lot of those get bargained down, but convicting one every once in a while sends a good message, if you ask me.

[caoboy]

Question, can a person put something in their pocket, walk around, NOT attempt to leave, and still be charged with shop lifting? I've been told that until you attempt to leave, nothing can be done about it, as you are still in the store, and can make an opportunity to pay for the item.


Kind of like those *******s that eat a candybar, or ice cream, or whatever, and then pay for the wrapper.

[winnre]

They have to leave the store completely. Beware of false arrest!

And I believe if they grab something and do not have enough funds on them to pay for it then you can argue for burglary.

[FLIGHT762]

It's becoming more and more common for shoplifters who physically resist apprehension by store folks to be charged with strong arm robbery.

Shoplifters who resisted and/or fought with the store Security or employees, we would arrest for strong arm robbery. It does send a message. Many of our shoplifters would come from San Francisco to San Mateo County on the Peninsula to do their thefts. I used to tell these jokers when I was booking them to tell their friends to come down since we had time to deal with them . You should see the looks on their faces when a San Mateo Co. judge would give them good jail time.

They were used to San Francisco D A's dropping the charges or reducing them to no jail time. The word got around quickly to do the crime elsewhere.

[Cpl. Haas]

Question, can a person put something in their pocket, walk around, NOT attempt to leave, and still be charged with shop lifting? I've been told that until you attempt to leave, nothing can be done about it, as you are still in the store, and can make an opportunity to pay for the item.


Kind of like those *******s that eat a candybar, or ice cream, or whatever, and then pay for the wrapper.

Probably not charged with larceny... but a store owner or authorized employee could still detain them with probably cause:

(f) (1) A merchant may detain a person for a reasonable time for
the purpose of conducting an investigation in a reasonable manner
whenever the merchant has probable cause to believe the person to be
detained is attempting to unlawfully take or has unlawfully taken
merchandise from the merchant's premises.

Can you legally detain them before they exit the store? Yes. Is it smart to detain someone when they haven't physically committed a crime yet? Probably not.

They have to leave the store completely. Beware of false arrest!

There is an exception to this... in stores like Target or Wal-Mart, where you have to physically walk past a cash register to exit, you can be arrested and charged once you conceal merchandise and bypass the line of registers. I took a few private person's arrests from Target and Costco loss prevention back in the day, and all but one of them were stops inside the store where the suspect had bypassed the register, and was stopped just before reaching the doors.

[winnre]

"There is an exception to this... in stores like Target or Wal-Mart, where you have to physically walk past a cash register to exit, you can be arrested and charged once you conceal merchandise and bypass the line of registers. I took a few private person's arrests from Target and Costco loss prevention back in the day, and all but one of them were stops inside the store where the suspect had bypassed the register, and was stopped just before reaching the doors. "



If there is merchandise for sale PAST the registers (there usally is) then the perp can always say that they were going to get flowers/ice/dog food or whatever is on the other side of the register. Best that they pass all items for sale.

[Cpl. Haas]

If there is merchandise for sale PAST the registers (there usally is) then the perp can always say that they were going to get flowers/ice/dog food or whatever is on the other side of the register. Best that they pass all items for sale.

Exactly... that's why if you're not Target or Wal-Mart, I wouldn't recommend stopping them until they're outside the store... then again, if you are Target or Wal-Mart, you likely have your own loss prevention guys and don't need to worry about stopping anyone yourself.

[Unit74]

If it escalated to blows during the detention/arrest I would charge 211PC almost certainly.

Let the DA sort through the mess and decide if it will stick on it's own.

[BigDogatPlay]

And I believe if they grab something and do not have enough funds on them to pay for it then you can argue for burglary.

I hooked more than a few shoplifters in my time for 459. No money / credit cards on person or not nearly enough money to pay for what was taken = entering the store with intent to commit a theft, as far as I am concerned. And that is a burglary and I can easily articulate that on paper. And the DA can do with it what they think best.

[Sh00tFurst]

Reminds me of when I firts got out of the military. I was looking for a job so I applied to pretty much all the places that were hiring... aside from Mcd's and BK of course... anyhow, I got real desperate and applied for, I think, Loss Prevention Agent for some department store.

During the interview, I'm asked what I would do if I spot a shoplifter. My answer was that I'd tackle the guy and put him in a choke hold... a move that I've used in the past. That happened to be the wrong answer since I got the handshake and the "we'll give you a call" routine.

I don't know if it depends on the store but I guess that one just wanted you to jot down info and have the cops do the dirty work.

[Cpl. Haas]

During the interview, I'm asked what I would do if I spot a shoplifter. My answer was that I'd tackle the guy and put him in a choke hold... a move that I've used in the past. That happened to be the wrong answer since I got the handshake and the "we'll give you a call" routine.

I don't know if it depends on the store but I guess that one just wanted you to jot down info and have the cops do the dirty work.

Yeah... way wrong answer.

[Sh00tFurst]

Yeah... way wrong answer.

Yeah, big mistake. I was fresh out and I was trying to sell my military skills. I don't know why but at the time I thought that's what they were looking for.

It was a crappy job anyways.