What is necessary to arrest a shoplifter

I am confused about the role of a "loss prevention agent". Recently a person has been observed shoplifting at the Mervyns I work at. This person has done it more than once. He has been in the store the week before Christmas and the week after Christmas. He comes in with stolen merchandise and makes returns w/o receipts.

A very frustrated department supervisor and a fellow associate have told me that they have seen this person in the store, observed him steal items and how he defeats the store antil-shop lifting alarms. They have tried to contact the store loss prevention agent only to be told he isn't there. When he is there, the guy does not hit the store. Even though he is shown on tape stealing items, the loss prevention agent has said that he can't do anything unless he actually sees him committ the act. What is the point of having a cctv system if reocrding the thefts is not enough for an arrest? Why is it that the word of an associate isn't good enough? Why even have the associates report the theft if the loss prevention agent can't do anything unless he personally sees the crime?

I myself have not seen the guy steal anything, but I have seen him on several occasions act in a suspicious manner. Now when he comes into the store, he draws a crowd of asociates to his area. This means several of us are tied up watching over him instead of doing their jobs. Can someone explain the law about shoplifting California to one very frustrated store associate? : :x

Most if not all LP's are trained by their stores, some have worked in the field before and know the laws. In California a misdemeanor theft must be observed by a 'company trained Loss Prevention Agent'. If a cop happens to be there and sees it happen, he can arrest him but what are those chances? LP's have to see the following conditions to make a "Good Arrest"....it doesn't always happen this way either.

1. See the suspect approach the department.
2. See the suspect select the item.
3. See the suspect conceal the item.
4. See the suspect exit the store.

Then the LP MUST know exactly what has been taken, exactly where the suspect has it concealed and NEVER....NEVER lose sight of the suspect from the time he walks up to the department to when he exits. It's not as easy as you might think, if any of "The Elements of Arrest" are missing it could end up a bad stop and the company could be liable for false arrest and much more. On average when an LP makes a stop on somebody, there is roughly $5,000.00 on the line. That is usually the least it COULD cost to make it 'go away', most times if the suspect fights, runs or it really turns bad the price goes up. Store employees are not qualified to make these calls in a matter of seconds, and your company doesn't expect you to. The very best thing you can do is......you've heard this till you could puke, "Good Customer Service". That is your best approach when LP is not around or until you get a manager there to take over. Hope that makes it a little clearer Mervinsguy....I know it's a pisser but that's how it goes.

PS......I've been doing LP for 17 yrs, both Calif. and else where, management too.

Thanks for the information. But could you explain what the point is of having a video tape system if the LP agent has to be visibly present? If one can't rely on the tape as an indication that person has committed the crime, then it sure is an awfully expensive toy to have for a store.

Also, if the LP has to actually see the crime himself with his/her own two eyes......couldn't in theory a gang of people walk into a store spread to different departments....virtually ransack the store....since the LP can't be in all places at once. The "gang" could leave the store in plain view of store employees who despite seeing the crime happen, their word is not good enough indication that a crime has taken place.

Also, what else but theft can be assumed when a person goes around the sensor gate at the store exit in order to avoid setting off the alarm? If this happens once....it can be just a coindidence, but if it happens several times a day by the same person....and it happens for 2 weeks in a row?

Well....if it looks like a duck...quacks like a duck....it must be a duck. I agree that the LP has a tough job. But it is certainly the height of frustrating to process a "return w/o a receipt" when you know darn well the person is taunting you by repeatedly ripping off the store and "returning" stolen merchandise to get store ccredit.

If you've got the same guy time after time on camera, this makes it Commercial Burglary....a felony. LP needs to put the tapes together, get the guys info (name, address, lic #) what ever you got and file with the PD. There is enough if the guy's a regular booster and you have some kind of paper trail, a plate off his car would be nice too. As far as 'gangs' go, you bet it happens all the time and gets frustrating. I think you should look into LP Mervynsguy, if it pisses you off then go for it dude!!! Camera systems are great if used properly, you need a floor walker or two and someone to man the system to radio you about people.