TexasCHLforum.com

srothstein wrote:

AEA wrote:Technically.......there is no such thing as a shoplifter "inside" the store. A "shoplifter" cannot be convicted of a crime until they have left the store premises without paying for items they have in their possession.

That being said.......
Loss Prevention Employees have every right to stop and question anyone they actually see hiding merchandise in their clothes, etc. This then escalates into a detainment in a private area of the store while waiting for LEO's to arrive.

The LEO's then make a determination to charge or release the individual. If the person is charged, they can get a Lawyer and beat the rap by claiming they had full intention of paying for the items in their possession before leaving the store. Of course most will not Lawyer up.

Store policy sets the limits of their Loss Prevention Employees. Some follow outside and apprehend, most do not.

You have to be careful when making these statements seem absolute. Texas law disagrees on some of these points. For example, Section 31.03 says the theft occurs when the person takes the property with the intent to deprive the owner. This happens when the person picks up the property. Communication of the intent may occur whent he person does something such as conceal the property or change the price sticker on it. I have made cases for shoplifitng that have held up in court and the person never left the store. It is all in articulation of the elements of the offense.

The second commonly disputed point is if the police make the arrest or if the security guard does. Our law, specifically Code of Criminal procedure Article 18.16, says that any person may make an arrest to prevent the consequences of a theft. The way I read that, the security guard makes an arrest, not a detention.

But, you are correct in a major area. Store policy makes a lot of difference. Many stores limit their loss prevention employees from making arrests, stopping people inside a store, even forcing the suspect to comply. Others allow this to happen. I don't recommend an employee taking any of these actions without being 100% sure of the law, the facts, and the company policy.

philip964 wrote:I have been told by a Walmart employee that they are not to apprehend shoplifters once they are outside. And I think security is the only ones who are to approach shoplifters inside.