PDF Shoplifters vs. Retailers: The Rights of Both

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Pembroke Pines PD Needs Help Finding Shoplifting Suspects – CBS Miami

Article Tags Tags: civil demand civil demand letters civil recovery petty theft retail theft shoplifting. Michael Wechsler. Michael M. Wechsler is an experienced attorney, founder of TheLaw. PiperPerry likes this. Comments To make a comment simply sign up and become a member!

Convenience store crime

Sort Comments Sort Comments By. What about if a company as Walmart had a person come there shoplifted no ID on this person they give them my information as SS number and I received a letter from their lawyer, Stating that I need to pay this amount, but I never shoplifted. So went to the store show them my I D told them to check the film that they would see it was not me.

Many members of the public have seen you purchasing the items, so you cannot really assert that your purchase is private. On the other hand, an Alaska court noted that if a security guard stopped you, made you take out all the items in your bag or purse, placed them in public view, and detained you for a long period of time, your claim would be stronger.

You also might have a claim under the tort of false imprisonment.

Louisiana Shoplifting Laws

In most states, you can sue a store if you can show that they deprived you of your liberty without your consent and without legal justification. This normally arises when you are suspected of shoplifting, and a store manager or security guard prevents you from leaving the store without first searching your bags.


Typically, this type of case will turn on how reasonable it was for the store to detain you. For example, if a store manager thinks he sees you taking a camera off the shelf and putting it in your bag, the manager can detain you long enough to search your bag to determine if, in fact, you have the camera.

If the manager forces you to stay longer, then he is acting less reasonably because he no longer has a valid reason to believe that you stole something. Aside from the invasion of privacy and false imprisonment torts, it is important to recognize that a store may not detain or search people for an otherwise unlawful purpose.

For example, a store cannot maintain a policy where a security guard searches only racial minorities.

How to shoplift

That policy would violate equal protection principles, and would not be based on any reasonable purpose. Another cause of action in this situation is for slander or libel. You could sue the store for slander if the manager said something about you that is both false and defamatory in front of other people, which results in an injury to your reputation. Libel is the same thing for statements that are written instead of spoken.

All of these causes of action are difficult to prove, and your recovery is not likely to be large in most cases. When a convenience store is humming along efficiently, the signs are unmistakable: The coffee is fresh and flowing. People are enjoying prompt foodservice offerings.

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Motorists are lined up at the gas pumps. And unless uncovered quickly, they can undermine profitability. Not the least of which is inventory loss, or shrink. Based on research of Richard Hollinger, professor of criminology of the University of Florida, the report found:. Shrinkage is divided into employee theft The remaining shrinkage resulted from unknown causes.

Shoplifting False Arrest – How Retailers Reduce Liability for Bad Stops?

Often inventory losses can be traced to one or more of the following: employee theft, shoplifting, fraud, vendor theft and accounting errors. Robert Moraca, vice president of loss prevention for the NRF, said one of the staples of good loss prevention is solid store management. Other tell-tale signs as to if the store is well managed include cleanliness, well-stocked shelves and that it is operating efficiently.

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Often the solutions to combat inventory loss involve a combination of good management policy, use of technology in store locations and working with staff to keep shrink in check.