When you’re running a store, you’ve got a lot on your plate. You’ve got inventory, you’ve got customers, you’ve got employees, you’ve got sales, and you’ve got no idea where your day is going. There are all kinds of reasons that keep you busy, depending on the type of business you run, but there’s one problem that plagues all of them: shoplifting. It’s called shoplifting. Statistics show that shoplifting costs businesses across the United States more than $13 billion every year, so it’s not something to take lightly.
However, no matter how much you try to prevent shoplifting, it’s impossible to prevent it 100% of the time. That’s why it’s important for shopkeepers to not only try to prevent shoplifting, but also to be prepared for what to do when shoplifting is caught. It’s not uncommon for shopkeepers to be sued for their lack of response to shoplifting, so today we’re going to take a look at some of the legal options available to shopkeepers when shoplifting is caught.
In order to deal with store theft legally, it’s important to first understand the exact definition of store theft. Generally speaking, shoplifting is “the intentional concealment or taking of an item on display for sale without paying for it”. However, you shouldn’t suspect shoplifting based on a vague suspicion that a customer might have done this. You must have probable cause to consider it shoplifting. As the saying goes, “Catch a thief in the act, catch him in the act”. It means that you can only catch a thief with hard evidence, not with suspicion. The same is true for store theft. If you suspect a shoplifter based on the way a customer looks or dresses, you could end up being sued for discrimination. That’s why it’s important to have visible evidence, such as CCTV.
It’s important to keep in mind that store theft laws are different in every state, so it’s important to be familiar with the laws in the state where your store is located. For example, in Oklahoma, a shoplifter must leave the store with an item without paying for it, whereas in New York State, a customer can commit shoplifting simply by hiding an item on their person.
So what can a store owner do if they have reasonable grounds to believe a shoplifter has been caught? First, you should approach the customer, explain the situation in a polite and calm tone, and ask for their cooperation. It’s also important to detail what evidence you have. You can then ask for their consent to look through the items you suspect they’re hiding, and then search their belongings. However, you should never force a customer to search their belongings without their consent. You should also avoid frisking them, as you could end up being held liable for groping or assault.
So, what if you find something stolen on a customer’s person, they don’t consent to a pat-down, or you need to frisk them? In this case, you can ask them to wait in an office or other area of your store for a while, and then call the police. It’s important to note that you shouldn’t hold the customer for an unreasonably long period of time, as this could be considered unlawful detention. Once the police arrive at your store, it’s important to give them a detailed account of what happened and show them the evidence you have to facilitate the police investigation.
Store theft is a serious offense. A crime is a crime, no matter how inexpensive the items stolen. It’s important for shopkeepers to not only deter shoplifting by installing CCTV and other security devices in their stores, but also to develop and implement a plan of action for what to do when shoplifting is detected, so that they can build a reputation that their store is not a place to shoplift. And, as I mentioned earlier, I highly recommend that you seek the advice of an attorney experienced in shoplifting law to help you develop a plan of action, as the laws vary from state to state, and a poor plan of action can be poisonous to a shopkeeper.
If you have any further questions about the content of this column, or if there is a law you would like our readers to know about, please don’t hesitate to contact us at 마시고mail@songlawfirm.com. I will incorporate them into my next column.