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15 answers

It depends how smart they are. You can call the police on them to have them arrested and you can detain them until the police arrive. That is all legal. But you must be 100% sure they stole from you and be able to prove it. If you can't prove it they can sue you because for detaining them. They could also get away with suing you for several other things and probably will if they have a good lawyer.

Yes, you can use a weapon, however this would probably be illegal. If you use the weapon as nothing more than a threat, they can turn the law on you for threatening them. If you use the weapon in aprehending them they can charge you with assult with a weapon or assult with a deadly weapon, depending on what you use. On top of that any injuries you cause them they can sue you for. In fact, a good lawyer could find several things to sue you for.

And if you detain them before they have left your store, you have no solid proof they hadnt intended on paying for the item(s). The shoplifter can say they had put the item in their jacket/purse/pocket or anywhere else, with full intentions of paying for it and simply wanting a place to put it so their hands were free. In order for them to be found guilty the jury/judge has to have no doubt in their mind that they were guilty. Their arguement that they intended on paying would be enough to cause some doubt. Then you would have no case against them and they are able to sue you (and possibly press charges) for a whole bunch of things.

Basically, you're safer to just call the police and let them handle it.

2007-10-25 10:20:28 · answer #1 · answered by *~*C*~* 2 · 0 0

You would want to be extremely careful, and talk to a lawyer in your area about that action . If the person picks up an item , puts it in a pocket and is still in your store , that is NOT shoplifting. They may intend to take it to the cashier and pay for it . If you arrest them at gunpoint they can charge you with false arrest , kidnapping, assault with a weapon etc.

Best you call the cops to stop them when they leave the store and catch them with the merchandise.

2007-10-25 10:08:48 · answer #2 · answered by mark 6 · 0 0

If you are just a citizen and not a cop, then yes you can arrest them. It's called a citizen arrest. Once you have the "shoplifter" under control, tell him/she that they are under citizen arrest. Have someone call the cops at the same time. You can use a weapon as a controller. Just try not to shoot unless you apsolutely have too. And try to only wound the person instead of kill. That way the cops can put the person in jail. And plus a dead corpse only means more paperwork for the cops lol.

2007-10-26 06:44:23 · answer #3 · answered by fireatwill04 1 · 0 1

Well, that depends on what the "Shop Keeper" or "Merchant" law is where you are. Where I am, a storeowner, employee or representative thereof (security) can detain, for the purpose of contacting law enforcement, anyone who is believed to have unlawfully taken property or merchanidse. Additionally, as it would fall under the "citizen's arrest" rule here, the person effecting the apprehension may use only that amount of force necessary to subdue the situaton. Any force beyond that si considered excessive and the perpetratot may be held liable both civilly and criminally. Check the local laws in your area or ask an attorney for advice.

2007-10-25 16:57:31 · answer #4 · answered by Joe M 2 · 0 0

In most jurisdictions (you may wish to check the Code of Criminal Procedures for yours), as a store owner, operator, or security officer (loss prevention officer, etc), you have the right to stop and detain suspected shoplifters for a set length of time. During that time, you have the right to question, and even ban them from returning. After the set time limit (time limit usually determined by the laws and procedures of that jurisdiction), the suspect detainee must either be released, or handed over to a bona fide law enforcement officer for processing. A "Citizen's Arrest" is only valid if the offense would be considered a felony, and committed in the presence of the "citizen" making the "arrest". The use of deadly weapons is only justified if one's life is at risk of death or receiving great bodily harm. You cannot (legally) use a deadly weapon to protect property or prevent it from being stolen.

2007-10-25 10:10:47 · answer #5 · answered by DocoMyster 5 · 1 1

In Canada you can arrest people you find comitting criminal offences in your store. You can use whatever force is necessary to detain the person until police arrive. The force must be reasonable under the circumstances and not excessive. You (like the police) will be held liable for excesses. You would be justified in using a weapon if you feared imminent bodily harm from the person.

2007-10-25 10:50:16 · answer #6 · answered by joeanonymous 6 · 0 0

you can't arrest anyone, because your not a cop. And you can't use a weapon on a shoplifter...or you would go to jail...unless the shoplifter had a weapon.

Besides it would be pretty risky for you to try to detain someone who is dumb enough to shop lift in your store... best call the cops on a cell phone and follow the thief.

2007-10-25 10:00:12 · answer #7 · answered by Anonymous · 0 2

You can citizen arrest them. I am not sure about the weapon part. However you need to detain them (if possible) and call the police. They will decide what action to take.

2007-10-25 11:14:06 · answer #8 · answered by Kevin M 4 · 0 0

seems such as you probably did ok. maximum states enable merchants to understand shoplifters. The seize is they extra constructive be good. Or a minimum of they extra constructive have all their geese in a row, legally (lifelike suspicion, lifelike tension, lifelike time, etc.) using fact in the event that they do no longer look to be, they'd be charged with fake imprisonment. in case you helped, theoretically, you may even. If it rather is obtrusive and you sense specific and the shop has summoned your help, then you are in all likelihood ok. yet no workout of skill comes without a proportional point of probability. the easy regulation theory-approximately "Shopkeeper's Privilege" is a slender one in scope. earlier you bounce in, you extra constructive be useful you're leaping in on the best element of the regulation. in simple terms a be attentive to warning.

2016-12-18 17:10:06 · answer #9 · answered by ? 4 · 0 0

If you are in law enforcement, you can apprehend them.

You might be in more trouble than the shoplifter if you use a gun to stop them.

Call the police, that is their job.

2007-10-25 10:00:03 · answer #10 · answered by Bubba 6 · 0 1

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