Using Data Lawfully

‘Merchant’s Privilege’

In most U.S. localities, “merchant’s privilege” allows a retailer to apply “reasonable force” to detain a person suspected of shoplifting, for questioning and possible arrest by local police, when there is “probable” or “reasonable” cause — the person has been seen selecting merchandise, carrying it away (openly or in a concealed manner), failing to pay and leaving the store (or moving past the last register before the exit).

Outside the store, the loss prevention staff member should show his or her credentials and ask the individual to return to the store to discuss the specific items that were taken. If possible, the individual should be asked to hand over at least one item before re-entering the store.

Accosting suspected shoplifters before they reach the exit leaves you open to charges of false arrest. Chasing a suspect through a store or parking lot is also unwise, because it can cause harm to innocent individuals and lead to potential lawsuits. Holding a suspected shoplifter for questioning for a lengthy period can become a legal issue, despite the delayed arrival of police. The use of “excessive force” is illegal and can lead to angry confrontations by other shoppers.

Appropriate hiring and training of loss prevention staff go a long way toward appropriate handling of suspected shoplifting cases.