Can security guards run after shoplifters?
Lets say that someone stole something from a retail store and after they exited the store the security guard approahes them and asks them to return back to the reatil store. Does the person have to go with the security guard or can the shoplifter run without worry about security guard running after them? what if the shoplifter drops the merchandice, while on the run. Can the security guard still pursue?
Public Comments
- i believe that in most states they can pursue as long as there are on their property which includes parking lots. try to earn what you want and not steal it.
- Security guards can definitely run after and apprehend shoplifters.
- They use their telekinetic powers to overpower their minds untill their heads explode,
- Absolutely. They can chase you as long as they wish to do so. There is no leash law for security personnel.
- Security guards can run after the person as long as they are on the store's property. Off the property, only the police can pursue the person. Also, the security guard cannot use unreasonable force against the person, for example he can't punch the person, but he can probably grab the person.
- The store has the right to retrieve their stolen property and has the right to apprehend the suspect stealing merchandise from the store. The security guard is working on behalf of the store. The security guard, just like all citizens, can make a citizens arrest. I have chased people for several block to arrest and recover merchandise. Most stores will aggressively get their stuff back and press charges against shoplifters. "Off the property, only the police can pursue the person." This statement is incorrect. If the merchandise is dropped, security can still chase them to make an arrest. It depends upon store policy and the agreed contract between the store and the security gurad company. Some stores want to make an example of shoplifters to discourage it. Some may me more concerned about the safety of it's employees and staff. Those concerns have to be weighed in drafting the policy.
- Yes, store security guards are allowed to pursue shoplifters, both on and off store property.
- Nikita - I am an attorney. I know a lot about this subject. Don't take this as creating an attorney-client relationship. You may find it helpful. There are two parts to the answer: 1) the law; and 2) store policy. In most, probably all, states, a storekeeper or any agent or employee of a storekeeper has the legal power to detain someone if they have "probable cause" to believe that the person shoplifted from the store. In some states, the standard is a little lighter, requiring only a reasonable suspicion. When the store has the right to detain, they also have the right to use reasonable force to make the suspect comply. So, whether or not f you actually stole something, if the security guard has a reasonable belief that you did, they can detain you. If you try to get away, the guard can apply force. Usually, this starts with "holding force", such as grabbing the arm. Depending on how much of a struggle the suspect puts up, it can become very violent and dramatic. The Internet has many posted videos of shoplifters being wrestled face down on the ground and their hands forcibly cuffed behind their back. Part of using "reasonable force" is the right to chase a suspect. This can vary from state to state, but generally "hot pursuit" is allowed. Dropping the merchandise does not affect any of this. The crime is completed the moment you walk through the door on the way out, and perhaps even earlier, depending on what you did with the merchandise inside the store. Having said that, not all stores allow loss prevention and security personnel to use force or to chase, at least off company property. That, however, is a question of company policy, not law. Generally, you have no way of knowing which stores allow force and which do not. As I have said before, don't shoplift. The thrill and economic gain are not worth it. However, if you do shoplift, don't run and especially don't fight. If you use any force against anyone to try to escape, you can turn a minor crime like shoplifting into felony robbery. Also, the well trained loss prevnetion personnel will be able to subdue you easily. The ones not so well trained may have trouble controlling you, but they are also more likely to injure you.
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