Virginia Law on Detention of Shoplifters

[Papi Yanqui]

My question involves criminal law for the state of: Virginia

In an older thread, member Bam stated in 2006 that a particluar statute contained certain language germane to legal authority of stores to detain an individual in Virginia.

However, 18.2-105 was apparently repealed in 2004. So what would be the basis for contention that the below is the law in Virginia?:

Where does the language from this 2006 post come from (post # 4)?

http://www.expertlaw.com/forums/showthread.php?t=12412

A merchant, agent or employee of the merchant, who causes the arrest or detention of any person pursuant to the provisions of §§ 18.2-95, 18.2-96 or § 18.2-103, shall not be held civilly liable for unlawful detention, if such detention does not exceed one hour, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery of the person so arrested or detained, whether such arrest or detention takes place on the premises of the merchant, or after close pursuit from such premises by such merchant, his agent or employee, provided that, in causing the arrest or detention of such person, the merchant, agent or employee of the merchant, had at the time of such arrest or detention probable cause to believe that the person had shoplifted or committed willful concealment of goods or merchandise. The activation of an electronic article surveillance device as a result of a person exiting the premises or an area within the premises of a merchant where an electronic article surveillance device is located shall constitute probable cause for the detention of such person by such merchant, his agent or employee, provided such person is detained only in a reasonable manner and only for such time as is necessary for an inquiry into the circumstances surrounding the activation of the device, and provided that clear and visible notice is posted at each exit and location within the premises where such a device is located indicating the presence of an antishoplifting or inventory control device. For purposes of this section, "electronic article surveillance device" means an electronic device designed and operated for the purpose of detecting the removal from the premises, or a protected area within such premises, of specially marked or tagged merchandise.

Most stores do not have this at their entrances (my company does) but in order to satisfy the requirements of the law, they must inform people that #1, they use CCTV and #2 if they have EAS, that they use it etc etc.

[aaron]

It was posted four years ago. Odds are pretty good that, assuming he didn't write it himself, the person who posted it won't remember where it came from.

A merchant, agent or employee of the merchant, who has probable cause to believe that a person has shoplifted in violation of § 18.2-95 or § 18.2-96 or § 18.2-103, on the premises of the merchant, may detain such person for a period not to exceed one hour pending arrival of a law-enforcement officer.

What's the legal issue that you're concerned about?

[bam!]

Oh man! You are in luck!!! I just stumbled back across this site and read your post. I love it!!

What is your question? Where I got the information from?

http://leg1.state.va.us/cgi-bin/legp...1-226.9+500351

Or go here http://leg1.state.va.us/000/src.htm and type in "electronic article surveillance" or "shoplifting" or really whatever you would like.


Good times! How's it going aaron? This site is still kicking which is good. I see you have gotten rid of some of the lp kids who I used to educate daily on the finer things regarding the law.

Ask away OP and aaron...I'm back which I am sure you are thrilled of.

[Papi Yanqui]

Thanks Bam.

I don't actually have a shoplifting issue. Just curious what legal authority seems to exist concerning the right of a store to arrest/detain based upon activation of the EAS pedestals. It seems like one at a local box store intermittently activates when I enter or exit the store for reasons I cannot figure out.

I would not allow myself to be detained based upon an EAS activation when I know I have done nothing wrong.

[PandorasBox]

Maybe it is this:

An device in a pair of shoes that was not deactivated at the time of purchase.

My friend had this problem when we went to the Mall of America...every store we went into, he set off the alarms. One store finally asked - did you buy those shoes recently (the store did not carry this brand of shoes, so it was very obvious they did not come from there.). One of the LP guys asked him to take off his shoes...passed one through the exit and sure enough...the shoe set off the alarm.

The LP guy was really nice and de-activated it for him.

[bam!]

It seems like one at a local box store intermittently activates when I enter or exit the store for reasons I cannot figure out.

I would not allow myself to be detained based upon an EAS activation when I know I have done nothing wrong.

Yea it is not the store, it is you. You are wearing something or are in possession of something that has a live EAS tag. If you wear clothes from JCrew or Gap, have a purse from Coach or other clothes, the EAS tags are sewn into the tag of the product.

It is not your cell phone, it is not steel toe boots it is nothing other than a live EAS tag being in the presence of the towers.

Take note of what you are wearing or carrying when the alarm goes off.

If a store detains you based off the EAS activation and beats your ass, don't come crying on this forum.

[Papi Yanqui]

Yea it is not the store, it is you. You are wearing something or are in possession of something that has a live EAS tag. If you wear clothes from JCrew or Gap, have a purse from Coach or other clothes, the EAS tags are sewn into the tag of the product.

It is not your cell phone, it is not steel toe boots it is nothing other than a live EAS tag being in the presence of the towers.

Take note of what you are wearing or carrying when the alarm goes off.

If a store detains you based off the EAS activation and beats your ass, don't come crying on this forum.

Please tell me what store you work at and I will give your store, and you, the opportunity to be that loss prevention officer.