Can shoplifters be handcuffed by store security??

Question

Not that it was me. But I witnessed 2 teenage boys get rushed by security guards and was handcuffed by them in the middle of a Mega mart store. Is this legal?? And i guess my next question is, is it shoplifting if they did not attempt it yet by walking out of the door?? They were in the middle of the store.

Answer 1

Like one poster mentioned above, it depends on the state. Working in loss prevention, I can tell you that most, if not all stores specify that their loss prevention agents must wait until the subject passes the last point of sale or exit the store before they can apprehend. Why is this? It proves intent in court. Many retailers such as Wal-Mart have actually been sued because they have stopped people in the store at concealment. Why did they get sued? Because the shoplifter was able to have is lawyers convince the jury that they were not given the oppurtunity to pay, or that they were going to pay for the item and they just had "forgot" to get a cart. So, most retailers wait until the subject exits the store because this shows the ultimate intent of stealing from the store. Police officers that I have talked to said that they themselves can stop someone at any point after concealment for shoplifting. As for your incident, and in my experience, I don't see why they would be cuffing someone in the middle of the store. Now, if someone is caught shoplifting prior, and they are trespassed from the store, then you as a merchant or an agent of the merchant have the right to remove the subject from your property. As for the poster who said no citizen has the right to arrest, wrong. Many police officers have told me that every citizen has the right to arreset someone, it is called a citizens arrest. Most officers don't recommend that someone do this because it is dangerous. Their is actually laws in most states that say merchants have the right to detain someone for shoplifting for a reasonable amount of time until police can arrive. These are called "shopkeeper statutes" in most states. But, it ultimately depends on the company and its policies, and the policies in that particular state. Personally, the stores I have worked at, you must wait until they exit the store, and you can use force to detain someone if they resist. We were trained by the local sheriffs office in the use of handcuffs.

Beach Bum,
We can to use force. We use the same policy on force as the local police departments use. If subject resists you can use a level of force one step above what they use. We are trained in detainment techniques and follow the law very seriously. We don't just pile drive someone into the ground. If I approach a subject and identify myself, and ask the subject to come inside and they disagree, I ask them again. If they still are non-compliant, and then I place my hand on their arm and try to escort them in and they pull away, then I can place that subject into compliance by using the training I was given. Thats the same method police officers use. They can't shoot someone for running from them, but they can detain them with techniques they learned from training. Thats the name of the game, compliance. If a subject is non-compliant, and you are allowed to use any reasonable amount of force to detain them. As I said above, most retailers follow what is referred to as "shopkeeper statutes". I have never, ever, been questioned as to my use of force in detaining a suspected shoplifter. Anyone in the loss prevention/law enforcement arena can attest to this escalation of force policy.

Answer 2

The answer depends on the state where the incident happened, but let me give you an answer that applies pretty much across the board. I'll start with your second question first.

An alleged shoplifter does NOT have to leave the store, nor even go past the "last point of sale" like a cash register. This is a common misunderstanding by people unfamiliar with law. Once a person conceals merchandise they have shown the intent to permanently deprive the merchant of propotery that has value to the merchant. An arrest or detention can take place at the moment of concealment. Store security or loss prevention agents of the store generaly make an arrest outside to prevent injury to other customers in the store, and to give added weight that the theft was happening for future prosecution. However, many stores do this because they are as ignorant of the law as most people.

Handcuffing is valid in most, if not all states that I am familiar with. Theft can be a felony (if not pleaded down to criminal conversion) and the arresting agents of the merchant have the right to take reasonable steps to protect themselves from injury. When I was a prosecuter I saw cases where merchants were seriously injured or assaulted. One loss prevention agent was killed by a teen in Michigan and an elderly lady drew a gun on a security agent in a store in Indiana. Of course, the "handcuffers" have to use reasonable judgement and actions too. Some stores (many large retailers) provide little to no training. The elite in loss prevention is considered by many to be Meijer, found in some midwestern states. They undergo several months of corporate and ojt training before having "arrest" powers.

Answer 3

Usually people who encounter the police or security guards have done something to elicit that response. The press never gives the other side of a story and shows something and puts a slant on everything. I lived in that area for 14 years, and left because the crime got so bad I felt it was unsafe for my family so people are on edge in that neighborhood. I read the crime reports every week and there are 5-10 arrests for shoplifting leading me to believe many more than that get away with it. It should be a lesson to others that crime does not pay. In today's economy people are glad to have any job even at Wal-Mart because my brother could not even get on there are has to work 2 part time jobs to pay his bills, so employees would not want be fired for letting a shoplifter go free. There had to have been something that set them off. I walked out of there once with a tag and the security guard and one employee went through my ticket and found that I had paid for the shirt but the security tag was still on it. I did not try to run or pull a knife and they were nice and let me go which is what would have happened here, but the guy who died must have done something to get the employees and security guard on him. I will continue to shop at Wal-Mart because it is the only store within 25 miles that I can get some of the things I need. I pay for what I buy and if I can't afford something I do not buy it.

Answer 4

Yes, they can be handcuffed.... And, yes, they can be taken into custody... Whether they can be charged with shoplifting or attempted shoplifting is up to the police and the courts.

Did you, if fact, see if the boys were shoplifting? Did you see the security guards remove items hidden on their person? Do you know for a fact that the reason they were handcuffed because of shoplifting? You really don't know the whole story, do you.

I think you should wait to see how it irons out. Guards just don't go around rushing customers and slapping them into cuffs for no reason.

Answer 5

shoplifters handcuffed store security

Answer 6

I don't think so... one private citizen cannot restrain another (by locking in a room, tying up, or handcuffing), and I think that most if not all security guards are private citizens who do not have the authority of law enforcement officials.

However, it may depend on the state. I'm not sure how things work at airports- they might have special guards or a handful of police there to handle dangerous people.

Shopping mall guards certainly would not have this sort of clearance. They should have called the police.

Answer 7

Yes, store security can handcuff an individual if that person has committed or about to commit a crime.
And no, the person does not have to leave the last point to pay for an item to be consider shoplifting. All that person has to do is conceal the item he's stealing on his or her person to meet the requirement.

Answer 8

If the store security had reason to believe that a person or two persons had shoplifted, they can cuff their hands for investigation.

Answer 9

No. They can be detained... held in a room and told not to leave but they can even leave if they wish... force can not be used to stop the.
Security is only a means of a citizens arrest.

Answer 10

i see nothing wrong with that