We Caught Our First Shoplifter

Hello group
We own a small retail business in southern california. Shoplifting has been a problem for us-like many and yesterday we finally caught a juvenile shoplifter.
My staff followed her out of our store, she went into another business and they asked her "we need to look in your bag, I think you stole from us" the girl handed over her bag and OUR $300 item was in her purse. My staff asked her to come back to our store and wait while we called the police.

I was not there, but its my understanding that the police came, called the girls mother and mother came-in typical great NEW parenting, the girls mother said her daughter is an angel, would never do it again, never has had problems, and the icing on the cake "She goes to bible school" (PUKE).

So I guess we have 30 days to press charges. We (there are 4 owners-2 husband and wife couples) feel like we should, but are kind of divided. We live in a small town (100k, small for so cal standards) and our store is VERY successful, not sure if this would be a good thing or bad for our credibility with town folk, etc...

Thanks for your time, looking forward to some discussion...new to all this 'legal stuff' haha.

When making shoplifting stops one must meet the legal requirement to do so. that is why Loss Prevention trainning concist of a 5 or 6 step "must" before a sjhoplifting stop is made. Was this criteria met?

I have not been to store yet this morning, but what I wrote is pretty much how it went down-
waited for girl to leave store, asked to see if one of our items was in her purse, shoplifter pulled it out and said "yes I took it", she walked on her own back to store, she waited on her own at our store until cops and parents came .

The officer did make mention to my staff "you handled this perfectly" so I think we are fine, just wondering what others would do in this situation.

Did you staff see person select and remove item from shelf

Did your staff see item concealed

Did your staff keep constant view of subject during time in store and follwoing exit?

If any of those three are no this was a bad stop!

I vote for filing charges.

I am all for filing charges I just want o make sure that the stop was done within the law and a good defense Attorney wont get subject off due to missing factors in stop.

The "6 Steps" are not legal requirements for a shoplift apprehension.

Look at ORC Busts, they never have the six steps and they make million dollar busts. The 6 steps are there to protect the company.

As long as there was unpaid merchandise on the person, you are fine.

I vote for filing charges, to be honest with you, I really don't think anyone in the town will care and your business will not suffer.

When you go to the magistrates, make sure you put down the name of the people who witnessed it so that they can get subpoenaed to court since they are the eyewitness. That along with the persons confession is enough to win the case.

Bam is correct. An improper arrest by store loss prevention personnel or a store owner is not going to prevent either the use of a confession that results from the stop, or a prosecution for shoplifting. It may affect the store owner's civil liability, in the event that somebody is wrongfully detained.

I have seen cases thrown out because the five or six step proecddure was not met. I agree this person was not LP and those requirments were both not in place or known. My statement was to suggest that a good defense Attorney might try to have case thrown out because Store associate had lost site of both perp and merchandise which could have suggested a dump! This is not one of those cases as item was on person and person gave admission

If a case gets thrown out because the LP can't testify to sufficient facts to establish that a crime occurred, that's a very different issue than whether or not the 'six steps' were followed. Following the 'six steps' makes it much less likely that you will end up with a case that cannot be proved.

If I was retailer I would have frowned on stop. The assocaite making stop had no trainning and as stated not all requirements were likely met. If the subject had not removed items from her purse or had not admitted or even had dumped merchandise a hefty law suit could have been filed on store.

And that's a valid point to raise. This is a good article for retailers to read, and review with employees who might be called upon to stop shoplifters.

The question was raised on whether or not they should prosecute the person. You do not need six steps to prosecute. You do not need trained people to prosecute. Think about it - you see someone stealing something from your garage, do you stop and think - do I have the proper training to apprehend this individual? Did I see him enter my garage? No, you simply yell out, try and get them to drop the merchandise and call the police.

Prosecuting shoplifters requires no special training, no steps or anything of the sort. All of those were devised and implemented to reduce civil liability.

All the store really needs is the eyewitness testimony that the subject removed merchandise from the store without paying for it. To prosecute you do not need anything else, not even a confession or a recovery of merchandise even though those things help out a ton.

Before you jump on it, stop, think about grab and runs and you will get what I am saying. Most of the times, you have an eyewitness, a plate number, but no merchandise recovery and only a description of the subjects. When the detectives track them down, you go to court and say what you, as the eyewitness saw.

Correct. I think we're all on the same page now, that following the six steps helps ensure that a prosecution will be successful, but following that procedure is not prerequisite to achieving a successful prosecution.

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Quoting aaron

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And that's a valid point to raise. This is a good article for retailers to read, and review with employees who might be called upon to stop shoplifters.

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Since Aaron provided a link to an article regarding the "6 steps", I'll provide some background and history. The "6 steps" were first published in the first edition of Shoplifting (1992), by Charles Sennewald CPP and John Christman, CPP. The "6 steps" are urged to be followed by store personnel pursuant to Merchant's Detention statutes, not because they are a legal requirement but because they minimize the chance of error, thus reducing potential civil liability.

An excellent publication for any retailer who wishes to read more about the rights of retailers should read, Shoplifters vs. Retailers - The Rights of Both. This inexpensive book (about $10.00) is written by Charles Sennewald ISBN: 1-892235-18-1

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Quoting stiksandstones

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Hello group
We own a small retail business in southern california. Shoplifting has been a problem for us-like many and yesterday we finally caught a juvenile shoplifter.
My staff followed her out of our store, she went into another business and they asked her "we need to look in your bag, I think you stole from us" the girl handed over her bag and OUR $300 item was in her purse. My staff asked her to come back to our store and wait while we called the police.

I was not there, but its my understanding that the police came, called the girls mother and mother came-in typical great NEW parenting, the girls mother said her daughter is an angel, would never do it again, never has had problems, and the icing on the cake "She goes to bible school" (PUKE).

So I guess we have 30 days to press charges. We (there are 4 owners-2 husband and wife couples) feel like we should, but are kind of divided. We live in a small town (100k, small for so cal standards) and our store is VERY successful, not sure if this would be a good thing or bad for our credibility with town folk, etc...

Thanks for your time, looking forward to some discussion...new to all this 'legal stuff' haha.

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I would be in favor of prosecution. As you write, she is a juvenile and needs to be brought to the attention of the juvenile court system. Sounds like her Mother has, and will be making excuses for her daughter.

Consider this - If you don't prosecute the word will spread and your incidents of shoplifting very may well rise. I'm wonder what the item was...for $300?

Perhaps I did not make my point clear. I only suggested that a case might be tossed not that it was likely. I also stressed teh follishness in stopping shoplfuters without proper trainning. Mr. Sennwalds book and the six step method of making shoplifting stops will aid a retailer in reducing theft and keep retailer from being sued!

Panther, I appreciate your replies, but I have a hard time taking anyone seriously that can not spell or write in english.
As for the $300 item, it was one item of designer clothing.

Then ignore me you have that option sadly I hurry too much and dont always proof read. However I am not out stealing unlike others! Which is the bigger crime?

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Quoting stiksandstones

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Panther, I appreciate your replies, but I have a hard time taking anyone seriously that can not spell or write in english.
As for the $300 item, it was one item of designer clothing.

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I would suggest this is not her first time stealing. This would be a very bold first theft.

I was trying to comply to a request ( from site admin) by not posting that very thought!

While I object to the level of gratuitous attacks on people who post questions, that has nothing to do with this thread.

I think I might puke for saying this....but I agree with bam! The steps are not needed for a retail business owner to press charges for theft. Those guidelines are for us Panther, not Joe Q. Public. As far as your business suffering for standing up for your interests, I doubt anyone would blame you for it. Now if you'll excuse me I feel the need to hurl..............

FWIW, we ARE filing charges, her bust-the one we caught her with and she admitted to, was NOT the first one. One of our girls saw her steal another item the day before, but it was a new sales associate we had and she did not tell us until after the fact. But, it was why they watched her when she came back in yesterday.

The officer was on the girls side (the thieving scumbag) when she called us to find out if we were pressing charges...they must be church buddies or something.

I am so sick and tired of people stealing from us, this is our first person we have caught, so she will be the poster child. Maybe she can pray tonight that her buddy jesus gets her out of this one. ;)

Glad to see you're sticking to your guns stiksandstones, if the word gets out your store is not an easy hit....all the better. Good luck!