*Comments open as of March 4th, 2014*
There seems to be much confusion regarding when a Loss Prevention Agent can make an apprehension on a shoplifter. We all know there are rules they must follow, but what exactly are they? Please, allow me to clarify.The first thing you must understand is the difference between Store Policies and State Laws.
State Laws: Laws are set by the state and ultimately decide what any citizen can do to place a criminal under citizen’s arrest.
Store Policies: Policies set by retail companies that their LP Agents are supposed follow. Sometimes these policies go to the full extent of the law. Other times stores put much stronger restrictions on their LP Agents. This DOES NOT affect their legal ability to make an arrest. In other words, breaking these policies could get them fired (and maybe sued in civil court), but not arrested.
So, in order for an LP Agent to make a shoplifting apprehension they are usually supposed to follow 6 steps. Keep in mind that these 6 steps are designed to a) avoid the company getting sued for falsely accusing someone of theft and b) to strengthen the companies case in court when somebody does steal from the store.
Step #1: The LP Agent is supposed to observe the person approach the merchandise. This is to ensure that the person did not enter the store with the merchandise.
Step #2: The LP Agent is supposed to observe the person select the merchandise. Again, this is to ensure that the person took the merchandise from the store and did not walk in with it. (Some companies combines steps 1 and 2 for a total of 5 steps).
Step #3: The LP Agent is supposed to observe the person conceal the merchandise. This is to show the intent to hide the merchandise in order to not pay for it. (An exception to this rule is if the person simply carries the merchandise out of the store).
Step#4: The LP Agent is supposed to maintain constant, uninterrupted surveillance of the person after they have concealed the merchandise. This is to ensure that the person does not get scared and “dump” the merchandise at the last minute (resulting in a stop of somebody that did not steal). If they lose surveillance of the person after concealment (step #3) they are supposed disregard the apprehension and let you go without even talking to you.
Step #5: The LP Agent is supposed to observe you pass all points of sale (the cash registers) without making any attempt to pay for the concealed merchandise. Again, this is to prove the intent to steal if the case ends up going to court.
Step #6: The LP Agent is supposed to observe the person exit the store. This seals the deal. The person can be apprehended.
Summary: the LP Agent is supposed to observed the person:
#1 Approach
#2 Select
#3 Conceal
#4 Maintain constant observation
#5 Pass all points of sale
#6 Exit the store
All that being said, you need to keep in mind that these rules were made to be broken and they ARE broken on almost every stop. LP Agents are risk takers! The breaking of these rules is not illegal but it is against company policy.
*Comments open as of March 4th, 2014*
Contact: Questions and comments can be sent to me at ShoplifterPro@gmail.com
**Disclaimer** I am not an attorney. I have many years of Loss Prevention experience. Nothing on this website is to be interpreted as legal advice. The content of the website is purely informational. Neither I, nor does anybody involved with ShoplifterPro, condone shoplifting or any form of theft. If you commit theft you will eventually be caught, and prosecuted. Do not do it.
