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

Content: 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. Instead, the detention and questioning of suspects must be reasonable. This will vary from case to case, but most courts have found that the use of excessive force in restraining a suspect is not reasonable, nor is detaining someone until he or she is willing to sign a confession or waiver of liability. Punishment for Shoplifting
In some states, shoplifting is charged as a lesser form of larceny, often known as “petty theft.” Other states have enacted specific statutes to deal with shoplifting crimes. Your state’s approach will be set forth in the state or local penal code.