If security suspects a kid of shoplifting, can you legally be detained and searched?

Question

What about an adult?

Forcifbly detained like being held down, locked in a room, etc, or just warned not to leave custody?

Answer 1

Team Chief gave a good answer...Working LP for JCP myself, I can tell you that it is generally the same at all retailers. As far as your statement about "being held down...", etc., that itself depends on the situation. If a person fights, then we, at least in the state where I live, are allowed escalate the situation, one level above the use of force they are using, very similar to the "escalation of force policies" police use. As for you being a minor, it does not matter, they can detain you, call the police, and call your parents. I seriously doubt, they "locked you in a room" and forced you to stay. I think you have an imagination that is on fire.

Answer 2

Before I answer, let me say that I am currently employed as a Loss Prevention Supervisor for JCPenney, and have been working in Loss Prevention for the past 9 years.

Having said that......

Yes, depends on the company's rules, and yes.

If a loss prevention agent for a retailer suspects someone of shoplifting, they are authorized to detain the suspect and take whatever reasonable steps necessary to maintain the suspect in custody, including the use of handcuffs. Age is NOT a factor; it never is. Keep in mind that all retailers who have a Loss Prevention department also have rules for their operation, and these rules will always include certain "steps," or things that the LP agent must see personaly, before an apprehension can be made. I've worked for companies that have had five, six, and seven steps, but all of them have these five in common:

1) You must see the suspect enter the department. This establishes that the suspect did not have the merchandise in his/her possession when entering the area.

2) You must see the suspect select the merchandise from the display. This establishes that the merchandise belonged to the company and not the suspect.

3) You must see the suspect either conceal the merchandise or, in the case of a garment, put it on. In many states, the mere act of concealment alone is enough to prove intent to steal, but I don't know of any company that will let you apprehend at this point.

4) You must maintain 100% UNINTERRUPTED surveillance of the suspect once the item has been concealed/donned. This establishes that the suspect is still in possession of the merchandise.

5) You must see the suspect bypass all points of payment and exit the store. This establishes beyond reasonable doubt that the suspect intended to steal the merchandise, and at this point the apprehension can be made.

I've only worked for one company that allowed you to search a suspect, and only then perform a simple frisk for weapons. All other searches are left up to the police.

And as I said before, age makes no difference. I've apprehended all ages, with the youngest being 8 and the oldest being 68.

Answer 3

Retailers would be helpless against shoplifting if they lacked the power to stop and detain individuals. I believe they generally hold the suspect, confront him or her, and, if the individual denies taking anything, they call the police. Many of these situations are resolved in the store itself by getting the suspect to sign a statement in exchange for the store not calling the police and prosecuting. Those statements are legally binding and can influence the person's ability to work in retail in the future.

Answer 4

not sure what state you live in but if someone has probable or reasonble suspicion a crime has been committed you can be detained, questioned and if enough evidence arrested. being a person under the age of 16 or 18 depends upon the stte, ohly means you cannot go to adult prison or an adult court, juvinelle court or juvinlee detention handles the issue

if you were arrested and then actual charges filed against you were dropped you can sue the police or the store for malicious prosecution, but remember charges had to legally be filed against you and then droopped

Answer 5

Anyone can be detained regardless of age.

Answer 6

You can legaly be detained until the police arrive, and then you can be searched by the police.

Answer 7

yes it is legal. they dont post it anymore as you walk in front doors at the store