Title: Shopkeepers Privilege Law | LegalMatch
Headings: Shopkeepers Privilege Law
Shopkeepers Privilege Law
What is the Shopkeeper's Privilege?
Contents
What is the Procedure for Properly Exercising Shopkeeper’s Privilege?
Can a Merchant Use this Privilege to Stop Anyone?
What if the Privilege is Not Exercised Properly?
Is Stopping the Shoplifting the Same as a Citizen’s Arrest?
Can the Use of Shopkeeper’s Privilege Lead to an Arrest?
Should I Contact a Lawyer About the Shopkeeper’s Privilege?

Content: Some guidelines a merchant can go by to minimize the potential for a false arrest claim by establishing a high degree of probable cause for the detention of a person suspected of shoplifting: Witness the shoplifter select, and conceal or carry away the merchandise. Maintain continuous observation of the shoplifter. Witness the shoplifter’s failure to pay for the merchandise. These three steps create “probable cause”, reasonable suspicion that shoplifting had taken place. Apprehend the shoplifter inside or near the store. Usage of reasonable, non-deadly force if any force is necessary. For example, if suspect attempts to flee or resist detainment. Detainment lasts only as long as it takes to make a reasonable investigation. Suspects should not be kept in confined areas.