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  1. #1

    Default 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.

  2. #2
    panther10758 Guest

    Default Re: (Cali.) Business Owner-we caught our first shoplifter

    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?

  3. #3

    Default Re: (Cali.) Business Owner-we caught our first shoplifter

    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.

  4. #4
    panther10758 Guest

    Default Re: (Cali.) Business Owner-we caught our first shoplifter

    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!

  5. #5
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: (Cali.) Business Owner-we caught our first shoplifter

    I vote for filing charges.

  6. #6
    panther10758 Guest

    Default Re: (Cali.) Business Owner-we caught our first shoplifter

    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.

  7. #7
    Join Date
    Apr 2006
    Posts
    641

    Default Re: (Cali.) Business Owner-we caught our first shoplifter

    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.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: (Cali.) Business Owner-we caught our first shoplifter

    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.

  9. #9
    panther10758 Guest

    Default Re: We Caught Our First Shoplifter

    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

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: We Caught Our First Shoplifter

    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.

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