When someone is thought to be shoplifting, there are a variety of officials that may become involved. In a mall or retail store setting, the first-responders typically include store employees, store management, and any security officers retained by the establishment. After they have the suspicious person detained, the local police officers then become involved. Just as with police making an arrest, personnel must complete a series of actions before creating a case.
Before Detaining a Suspect
It is important to understand your rights if you are being detained by store personnel or a security officer for shoplifting. Often, these employees overstep their authority, typically either out of their ignorance of what they can do legally or because they are relying on your naiveté of the situation. If they detain a suspect without probable cause, they are opening themselves up for false arrest claims. Therefore, before apprehending anyone, they must:
- See the item belonging to the store, not brought in from outside the location;
- Watch that concealment occurs;
- Never lose visual of the individual;
- Witness failure to pay for the merchandise; and
- Observe the citizen leaving the store.
Taking Custody of Suspect
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