Title: Shoplifting Law | Justia
Headings: Shoplifting
Shoplifting
Acts Constituting Shoplifting
Detention of Shoplifters
Punishment for Shoplifting
Shoplifting Resources

Content: For example, if a woman takes various make-up items while in a store and hides them in her backpack, a security guard may detain her for shoplifting even though she has not yet left the store. Additionally, in many states, shoplifting laws prohibit the intentional altering of an item in order to avoid paying the full price of the item. This can include switching tags on items, manipulating the price written on a good, or changing the packaging of merchandise in order to get a lower price. Detention of Shoplifters
Although our criminal laws typically prevent private citizens from holding others against their will, also known as false imprisonment, special exceptions have been carved out over the years for dealing with shoplifters. Since most stores do not employ police to watch for shoplifters, their owners are placed in a position of frequently needing to detain an alleged shoplifter until police can arrive. In order to do so, many states have enacted special statutes allowing stores and employees to detain shoplifters if certain requirements are met. Generally, someone suspected of shoplifting may be detained only if the store has “probable cause” to believe that a crime has occurred. Probable cause can be established through personal observations of the crime occurring, statements from customers, or actions recorded on surveillance video cameras. Mere suspicion that someone has been shoplifting is not sufficient. It is important to note that these laws do not allow stores to hold suspected shoplifters for an unlimited amount of time, or to question them in an inappropriate manner.