Title: Know Your Rights if a Store Detains You for Shoplifting
Headings: Know Your Rights if a Store Detains You for Shoplifting
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Know Your Rights if a Store Detains You for Shoplifting
What Has to Happen for a Store to Detain You
What You Need To Know
What You Should Do
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Content: In some cases, they'll threaten to call the police if you don't cooperate. It's also important to note that while the above is largely true in most cases, jurisdictions differ—sometimes significantly—when it comes to the least amount of evidence required for a store or mall to detain you. In all cases, security needs probable cause, but how strong that case needs to be can vary. Advertisement
What You Need To Know
When store security approaches you, they're acting within a very limited and specific jurisdiction and base of authority. They do not have the right to keep you in a small space or confined to a single room without allowing you to leave that space (although they are allowed to keep you from leaving the premises or keep you under surveillance for the duration of your time there if they have established probable cause or until the police arrive.) At any time, you have the right to request a police presence and legal representation. Keep in mind most retailers have very specific guidelines about how a customer is to be approached and detained. Advertisement
If you do have stolen merchandise on your person and it's discovered by store security or the police if they're called, the store has the right to have you arrested and charged with theft. You, then, have the right to not incriminate yourself and to obtain legal representation. If the store claims that they have witnesses who observed you shoplifting, you also have the right to question that witness' suitability for probable cause, either to police when they arrive or to your legal representation if you're charged.