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  1. #1
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    Jul 2014
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    Default Re: Refusal to Cooperate With Loss Prevention After a Shoplifting Accusation

    I both work in law enforcement and I have about ten years' experience in retail loss prevention.

    Let's get a few things straight here.

    As noted above by another poster, loss prevention has legal authority to detain and/or arrest people for shoplifting. In my state, and in every other state that I'm aware of, that legal authority is STATUTORY; that is, in addition to any citizen's arrest that might or might not exist in that state, state law SPECIFICALLY allows for, as my state puts it, "merchants or agents of a merchant" to take people into custody when they have probable cause that a person has shoplifted. Our state allows citizen's arrests only for felonies. The statute covering loss prevention specifically gives LP the authority to act for misdemenor thefts/frauds. So not only can loss prevention take you into custody, they CAN use force to do so, in exactly the same manner that the police can. In this state, loss prevention has the same authority as the police when ON THEIR OWN PROPERTY and WHEN INVESTIGATING THEFT. So the OP can knock off the cute statements about plastic badges. The badge, first of all is metal (I worked for Kohl's at one point) and second of all the badge is as "real" as the legal authority behind it, as I noted above.

    Secondly, along the same lines as the above paragraph: Because of what I outlined above, the "You're not a cop" statement isn't germane or relevant. A meter maid isn't a cop either, but will ticket and tow your car. So while the statement is true enough, it doesn't mean that they have no authority to arrest you. If a loss prevention person stops you on the street outside the store for running a red light, then you can say "But you're not a cop" and have the statement be applicable to the situation.

    Now - I'm glad you brought up that loss prevention are not the police. I have always loved it when I'm working in the LP role and someone says that. Why? Because they have no idea how true that is! Working in LP, I don't have to read you your miranda rights, and anything you tell me is admissible in court. I can continue to question you even after you request an attorney, and again, anything you tell me is admissible in court. And in any search I make of you or your things, whatever I find has no hope of being suppressed, since I'm not a cop and therefore not an agent of the state.

    As for the OP's originial question: You might be charged or not. If they stopped you, they had more than tags found. I frankly think you are lying to us about the whole story, and I base that upon my knowledge of retail loss prevention and my ten years working it, as well as my knowledge of Kohl's specifically.

  2. #2
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    Default Re: Refusal to Cooperate With Loss Prevention After a Shoplifting Accusation

    Quote Quoting DeputyDog
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    I frankly think you are lying to us about the whole story, and I base that upon my knowledge of retail loss prevention and my ten years working it, as well as my knowledge of Kohl's specifically.
    If there were a jury trial, she better hope that you and I weren't on it.

  3. #3
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    Default Re: Refusal to Cooperate With Loss Prevention After a Shoplifting Accusation

    java,, would you say that a loss prevention guard has more law enforcement powers compared to just a regular citizen preforming a "citizens arrest" or would you say its basically one of the same?

  4. #4
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    Default Re: Refusal to Cooperate With Loss Prevention After a Shoplifting Accusation

    Quote Quoting tonynewman
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    java,, would you say that a loss prevention guard has more law enforcement powers compared to just a regular citizen preforming a "citizens arrest" or would you say its basically one of the same?
    There's no real practical difference under the law. A security officer may have some broader scope of authority as an employee/agent of the employer than John Q. Citizen, but, the legal authority to make a private person's arrest is the same (at least here). Again, state law governs these matters and may vary by state.

  5. #5
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    Default Re: Refusal to Cooperate With Loss Prevention After a Shoplifting Accusation

    Quote Quoting cdwjava
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    There's no real practical difference under the law. A security officer may have some broader scope of authority as an employee/agent of the employer than John Q. Citizen, but, the legal authority to make a private person's arrest is the same (at least here). Again, state law governs these matters and may vary by state.
    thats probably explains why the guard did not stop the lady in this post by force, being he was not 100% sure she committed a crime?

    what would be the charges a guard would face if he in fact did cuff her and drag her back to the store only to find out she was innocent, seems that could be a very serious charge against the guard if that happened, not to mention a large lawsuit on the store itself im betting

  6. #6
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    Default Re: Refusal to Cooperate With Loss Prevention After a Shoplifting Accusation

    Quote Quoting tonynewman
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    thats probably explains why the guard did not stop the lady in this post by force, being he was not 100% sure she committed a crime?
    Or, the store's policy was to remain hands off. Many stores prohibit their employees from using any force to detain shoplifters no matter their certainty of guilt.

    what would be the charges a guard would face if he in fact did cuff her and drag her back to the store only to find out she was innocent, seems that could be a very serious charge against the guard if that happened, not to mention a large lawsuit on the store itself im betting
    If he had probable cause to make the arrest, there may be no charges at all. If the circumstances were such that a reasonable person would never have concluded that the suspect had committed any crime, then he may well face battery and other crimes up to and including false imprisonment or kidnapping. Though, more than likely, it would be more of a civil matter (the suspect could sue the business) unless the act was blatantly unlawful.

  7. #7
    Join Date
    Jul 2014
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    441

    Default Re: Refusal to Cooperate With Loss Prevention After a Shoplifting Accusation

    Yep. Some companies don't want their people touching people no matter what; if the suspect resists apprehension they want the police to handle it.

    But don't confuse store policy for law. I can violate my own company's policies and you can still go to jail.

    This myth that "they can't touch you" is getting dangerous. Shoplifters who think that they can physically resist are getting hurt, or worse yet, hurting LP detectives because they really believe that their resistance is legal and appropriate. It is just that: a MYTH. They can touch you, handcuff you, etc. It is legal and if you resist it is you who risk felony charges.

    In fact, in that vein, it's almost worse (legally) to resist LP than the police. If a cop stops you because you just stole from the store and you resist arrest, that is a misdemeanor charge here: resisting arrest. If loss prevention stop you because you stole and you resist arrest when they grab you, you might well be looking at a felony charge: robbery, which is defined as merely using force (however little) to commit theft or escape after a theft offense.

  8. #8

    Default Re: Refusal to Cooperate With Loss Prevention After a Shoplifting Accusation

    Just to clear this up a little. The store on the case of the OP was Kohls - Kohls is "hands on" meaning they are allowed to physically detain a shoplifter. This took place in the State of Wisconsin and the Wisconsin law says:

    A merchant, a merchant’s adult employee or a merchant’s security agent who has reasonable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. The merchant, merchant’s adult employee or merchant’s security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any merchant, merchant’s adult employee or merchant’s security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.

    Hope that sifts through some of the speculation here.

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