If a person is shoplifting at my place of business can I lock the doors so they can't leave til they give me the stuff back or until the police arrive. I was told I'm not allowed to touch them and it's so frustrating that I can't do anything.
2007-12-16 20:42:22 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I know what you mean and faced a similar situation as a teenager but with physical touching/grabbing that I was good and sick of. I locked the door and called the police. He hightailed it out the back door and I never saw him again. Good riddance.
I think you can lock the door. I would.
edit: I never had to finish the call to the police and never did tell my parents out of fear that they wouldn't believe me. I know now that they would have, but views are different when seen from teenage perspectives.
2007-12-16 20:47:31 · answer #1 · answered by Anonymous · 0⤊ 0⤋
As others said it is a VERY bad idea. Of course there are criminal charges that can be bought against you. But others covered that.
So someone has something in a jacket, you see it and lock the door. They take it out before the police come so you have no proof. They can sue you bigtime and heaven help you if it happens to be a minority.
So the person is trapped. They could pull a knife, a gun or even a toaster. Say they just instead grab an employee and demand the door be opened. Employee gets arm or back twisted and they can sue you. They could just say that you put them in danger.
It is the same as robbery. You tell employees to just calmly hand over the cash. So yes, no touching, no locking doors and no confrontation even if is a twinkie.
Much depends on the business as to what to do. Changing line of sight with displays can work. If you have some items that are more expensive have them in a higher traffic area.
Sometimes training staff to always be out on the floor and ask "can I help you" can help. Having employees doing more stocking during high traffic times not before or after the store closes....... the list is endless.
If you have a small business you could actually go to home depot and install a few cameras yourself. Some business owners just post a sign saying " these premises are monitored by CCTV".
By and large studies show that the human element is most important. If a person enters the store and is looked directly at with a "hello" that helps plus it is good business. If all of the employees are bunched up talking about whatever someone is going to steal. If the cashier/cashiers are bogged down checking people out someone will steal.
Studies also show that actually spending more money on an extra employee or two can actually save way more in regard to losses. Some businesses also make more money just in sales because there are people about.
So knowing the business you have is key to a good answer.
2007-12-17 11:31:26 · answer #2 · answered by jackson 7 · 1⤊ 0⤋
There are two general standards for shoplifting. One is the person left the store without paying. The other is the person hid the items on his person or in a bag to avoid paying for them. You need to find out which standard your community is using.
You might be legally able to lock the door and keep the thief there, but it is a bad idea. Panicked thieves can be very dangerous. Is what he is stealing worth your injury or death?
Invest in a good closed circuit TV system. Invest in merchandise alarms. Hire a security firm, if you must. And, finally, always, always, prosecute the shoplifter. Word will get around that your store is a tough nut and the thieves will go to an easier mark.
2007-12-17 06:39:48 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It is a grey area, but unless you posted the rule plainly, probably you would be arrested for false imprisonment, and would lose your store to the thief in compensation for detaining him/her against their will.
South Africa has a similar law; if a black man is robbing you and you catch him at it, even if he is arrested, he can complain and the police will let him go, with his loot, and imprison you for embarrassing him. He also then gets the next 6 months of your entire income as a fine on you for his humiliation.
Friends of mine over there lost a year's salary completely on two break-ins.
Our laws are moving in that direction, not as far, but it is well known if you shoot a guy invading your house, be sure you kill him before he gets outside, or the law is on his side and you can be punished.
I would check with a GOOD lawyer before doing anything more than calling the police and filing a report, which probably will do you little good unless you have connections.
It is frustrating that the evildoers have all the rights anymore, but that comes from the people we elect to office to make our laws. Only rarely is anybody put into office for being good and honest and believing in enforcing the laws equitably and impartially anymore. We elect those with money, with polished but meaningless words, etc.
And we protest laws that might harm criminals. Both rich and poor...criminals get more protection than citizens. And if a candidate says he believes in a code of ethics without loopholes, he is pilloried as a religious nut in the press.
Anyhow, while I am not a lawyer, from what I read you gotta let the shoplifters come and go as they will, unless you hire a police officer to be there to protect your goods. Or get yourself deputized!!
I sympathize with you! But ask a lawyer in your area tho!
2007-12-17 05:14:07 · answer #4 · answered by looey323 4 · 0⤊ 0⤋
You should ask this question of your local police. If they say don't touch them, don't touch them, and for your own safety I don't suggest locking them in with you.
Get a surveillance camera, and get 'em on tape. That way the police can bust 'em and get you back your stuff, and also take them off the streets for a little while. Video footage has been used in Texas to get robbery and even murder convictions., and a camera can even deter a crime.
Good luck.
2007-12-17 04:53:09 · answer #5 · answered by Warren D 7 · 1⤊ 0⤋
Under most state laws you can ask them to stay but unless you catch them before they get to the point of being past the point of entry to store then you really can't by law do anything. If you lock the doors or physically restrain them you could be facing charges of false imprisonment and you do not even have to do it just by threatening it if it keeps them from going they could sue.
2007-12-17 04:50:18 · answer #6 · answered by debbie f 5 · 1⤊ 0⤋
I would recommend NOT doing that...if for no other reason than because they can't steal anything if you don't let them out. How can you prove they were going to steal? I don't care if they put a pack of Twinkies down their pants, you still can't prove they were going to steal it. Best to report it after they leave the store, get a description/license plate/etc, then call the police.
2007-12-17 06:20:41 · answer #7 · answered by David W 6 · 1⤊ 0⤋
This is what you do just notice what things they have taken from you. Then call the police and tell them what was wrong give the police the name of that person. They will deal with them.
2007-12-17 04:49:21 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If you lock the door he can just pot the loot down, and you have nothing
2007-12-17 04:56:57 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Shoot the bastard. Don't be a victim. Mace em'. Light em' on fire.
2007-12-17 06:40:26 · answer #10 · answered by Lost Again 3 · 0⤊ 0⤋