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  1. #1

    Default What Are The 'Rules' Of Shoplifting?

    What are the "rules" of shoplifting? In order to stop a suspect, does a store employee have to see the person select, conceal, and walk away with the item? What happens if one or two of these steps are not seen? Personally, I feel that LP and store employees have the right to check no matter what. Anyway, I would like to know.

    For instance, are they allowed to stop the shoplifter on the word of a customer if they didn't see the shoplifter take the item?

    Thanks.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: What Are The 'Rules' Of Shoplifting?

    Each store is free to set its own rules. The "gold standard" is summarized here.

    It is very possible to be convicted of shoplifting if only some of the steps are followed, or for that matter if none are followed. They're not rules to "get away with it" - they're rules to keep stores out of legal trouble and to maximize the odds of conviction.

  3. #3
    panther10758 Guest

    Default Re: What Are The 'Rules' Of Shoplifting?

    Quote Quoting ohiogirl21
    View Post
    What are the "rules" of shoplifting? In order to stop a suspect, does a store employee have to see the person select, conceal, and walk away with the item?Store polices vary but short answer is yes What happens if one or two of these steps are not seen? Loss Prevention could be in trouble however if the subject actually did stea it isnt likely anything will happen Personally, I feel that LP and store employees have the right to check no matter what. Anyway, I would like to know.

    For instance, are they allowed to stop the shoplifter on the word of a customer if they didn't see the shoplifter take the item? Legally yes however Store policy would not appeove of said action

    Thanks.
    I hope that helps!
    Store polices are not Laws! Do not confuse them with such. As Aaron stated store polices (steps he mentioned) are a means to reduce "bad stops" and Law suits

  4. #4
    Join Date
    Apr 2006
    Posts
    641

    Default Re: What Are The 'Rules' Of Shoplifting?

    There are no rules. You can be stopped on a customers word or an associates word.

    Be careful if you are going to steal because when you get caught, the penalty you are going to face isn't worth the amount of merchandise you tried to steal.

  5. #5
    Join Date
    Apr 2006
    Location
    NW of KSTL
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    2,554

    Default Re: What Are The 'Rules' Of Shoplifting?

    Quote Quoting bam!
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    There are no rules. You can be stopped on a customers word or an associates word.......
    ........and you label me "uneducated"!

    OhioG, stick with what Aaron posted. Bam missed his meds this morning....

  6. #6

    Default Re: What Are The 'Rules' Of Shoplifting?

    This will be unpopular, but I have to agree with bam! on this one.

    Anyone can file a warrant for theft against anyone. While working in the grocery business, a store manager went to the magistrates office and filled out the paperwork for larceny after a customer told him their neighbor stole from his store (they gave him all the info).

    To mitigate lawsuits, retailers and LP use the six steps that aaron outlined, but I have seen people stop lifters on other peoples words and like bam! said, they got busted, not the wisest thing in my opinion.

  7. #7
    panther10758 Guest

    Default Re: What Are The 'Rules' Of Shoplifting?

    The "rules" are not rules as said they are guidelines. Yes a stop can be made with nothing more than the word of another. It is not likely or within most companies policy but it can be done

  8. #8

    Default Re: What Are The 'Rules' Of Shoplifting?

    It seems as though most people seem to think that store policies are law.

    Store merchants can stop anyone any time if they even think that you stole something. They do no not need to see anything. However they need to prove that.If however they are wrong when they search you then that detention is unlawful and you may have the right to sue civily.

  9. #9
    Join Date
    Apr 2006
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    NW of KSTL
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    Default Re: What Are The 'Rules' Of Shoplifting?

    Quote Quoting dakota_sydney
    View Post
    It seems as though most people seem to think that store policies are law.

    Store merchants can stop anyone any time if they even think that you stole something. They do no not need to see anything. However they need to prove that.If however they are wrong when they search you then that detention is unlawful and you may have the right to sue civily.
    Not necessarily so in a detention sort of setting.....

    "(MO statute 573.125) sec. 2. Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his agent or employee, criminally or civilly liable to the person so detained."

    BUT, if one brings charges against another solely based on another's word then there's a whole different can o' worms. (i.e. the grocery guy)

    Now simply because some states have torts that hold a merchant harmless when this sort of situation arises, most all major retailers have the "steps" as policy. That way we ensure we're 110% positive that you've done 'the nasty' when we waltz up to ya and make our intro.

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