Catch That Shoplifter · #5: The Rule of Apprehension LP must apprehend the shoplifter outside of...

Catch That Shoplifter

It Doesn’t Always Pay to be a Shoplifter Superhero

• Shoplifting costs everyone. Retailers lose millions of dollars each year to thieves, and they raise their prices to recoup the losses. That means more money out of the customers pocket. Sometimes, employees take action and try to stop the theft. Employees need to use caution, not only to protect their personal safety, but also to protect their jobs.


Wal-‐Mart & Home Depot Employee Fired for Trying to Prevent Theft

Termination PoliciesØMany employers have specific written policies about employee discipline, usually in employee handbooks. Often these policies spell out the discipline or consequences for certain offenses. Serious offenses often result in firing, even the first time they're committed.

ØEmployee’s should read their employee handbooks to know their rights and the rules of the work establishment.


Legal Risks to EmployersØEmployers are cautious about what their employees do because employers may be legally responsible for the harm caused by their employees' actions. Customers may hold the employer liable when they're injured by employees or wrongfully detained by employees who are suspected shoplifting, for example:

üWhile it's possible to hold the employees legally responsible for their actions, employers are often the target of lawsuits.

Employers Avoid the RiskØFor retailers such as Wal-‐Mart, the risk of a customer being harmed or subjected to humiliation or embarrassment might be worse and more costly than the loss of the store item.


While you may have good intentions by attempting to stop a shoplifter yourself -‐ employee or customer-‐ it's best to report it to a store manager or security person and let them take care of the suspect -‐even if you're trying to do your civic duty.


True StoreØTwo employee’s witness two shoplifters steeling in their store ØShoplifters both were stopped and engaged in a conversation by the employees.ØOne ran off the other was detained with a fight ØOne employee held on to the shoplifter as the other went to get handcuffs ØThe second shoplifter came back with a baseball bat and batted the employee in the head

ØLeaving the employee close to death, the employee had to learn how to walk again and talk again

ØThe employee was left with major physical elements and brain damage for life


True StoreØThe employer had to pay for a employee to replace that employee ØThe employer’s insurance had to pay for all medical billsØThe employer had to pay a large amount of money to the employee for his life time injuries

ØThe employee will never be the same again

Thousand of dollars and a life changed for a couple of dollar items. This is why companies have polices against employee catching shoplifters.

Loss and Prevention or Store Security Personnel are trained to handle the job

The Shoplifter Has No RulesThink of shoplifting as a game between two sets of people: the shoplifters, (of course) and the store security personnel, who are sometimes referred to as loss prevention or simply LP. The shoplifters have the advantage in the game for three reasons:ØThey are unidentified until they steal.ØThey may use any method (or a combination of methods) to get goods out of a store.

ØThe shoplifter has no rules and only one objective: “Don’t get caught”.

The Five Rules of Loss Prevention Officers

Unlike shoplifters, who have no rules, LP employees must follow five basic guidelines when it comes to apprehending shoplifting suspects. These five rules vary slightly from state-‐to-‐state and company-‐to-‐company, but they’re basically the same principle. They exist because large chains wish to avoid lawsuits and place extra restrictions on personnel to ensure an airtight case when stopping a shoplifter.

#1: The Rule of SelectionLoss prevention must see the item selected from their store.The LP officer must see the shoplifter select the merchandise to make sure the merchandise belongs to the store.ØWhy: Suppose a woman purchased a sweater at another store a few minutes before and came into your store looking for a matching pair of pants? The LP happens to observe this woman holding up the sweater (with tags clearly visible) against several pairs of pants in your store. Then all of a sudden, she opens her handbag (or shopping bag), places the sweater inside, and exits the store.

ØDid she steal the sweater? If LP did not personally see the woman select the sweater from a rack in the store, she must NOT be stopped. (According to the rules, anyway!

#2: The Rule of ConcealmentLP must see the shoplifter conceal the merchandise.

The LP must see the shoplifter conceal the merchandise in their pockets, coat, or pants, inside a handbag or backpack, or simply inside the shopping cart (some shoplifters fill a cart with merchandise and walk out of the store.)ØWhy: The LP officer needs to be able to say specifically, "the male/female subject has placed a “Frozen” Disney DVD inside the front waistband of his/her pants."

#3: The Rule of ObservationLP must maintain continuous observation of the shoplifter.

LP must observe the suspected shoplifter to make sure he or she does not get nervous or change his or her mind and dump the merchandise someplace. An LP officer simply cannot see an item concealed and then go outside and wait for the subject.ØWhy: Shoplifters are skittish, nervous types and often drop merchandise they've concealed. If a Loss Prevention officer stops a suspected shoplifter and they have no merchandise on them, the store cannot make a case against them, and the shoplifter may sue for wrongful detainment.

ØThis is the most crucial rule for store employees and also where the most mistakes happen. No matter how good your store's camera system is, there is virtually no such thing as 100% continuous observation.

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#4: The Rule of ExitLP must watch the shoplifter pass the point of purchase.

Exiting the store with merchandise proves to the police and the courts that the shoplifter had no intention of paying for it.ØWhy: If a security officer were to stop a suspected shoplifter before they reached the cash register, the suspect could claim they were going to go to the register and pay for it. This applies even if it is a concealed item.

#5: The Rule of ApprehensionLP must apprehend the

shoplifter outside of the store.ØWhy: This is a rule for a few reasons. Again, if the shoplifter is outside, it means that he or she passed the cash register with no intention of paying for the products. By apprehending the shoplifter outside the store, this rule ensures that if there is a confrontation between a shoplifter and the store detective, it will not happen inside near happy shoppers.

ØNo store wants to make their shoplifting stops public. It's an ugly side of the shopping experience that no one wants to see. The store also does not want their customers getting hurt in an altercation since some shoplifters will fight or even carry weapons. Though rare, both shoplifters and store security have been killed during shoplifting stops.

5 Little-Known Facts About Loss Prevention

When a store employee tell the Manager "I just saw someone steal! You better go catch him/her." This cannot be done. It’s not that easy.

Why? In most large retail chains, the store detective is the only person allowed to make an apprehension (although this is not always the way it plays out). Therefore, the store detective must be the one to either see the theft occur, or wait for the suspect to take something else after being tipped off by someone else. If the store detective does not see the person steal, the subject must be allowed to leave the store freely.

#2: If You Steal in the Restroom, I Am Supposed to Let You Go

If you conceal your item inside the restroom or a stall in the fitting or dressing room, by store policy, you should be able to walk out of the store without fear of being stopped by Loss Prevention. If the restrooms have a sign saying, “No Store Merchandise Beyond This Point,” however, the rules are a little different.

Why?Since you concealed the item while you were in the restroom, there is no way they could have seen it happen. They may guess you have the item on your person, but there is no visual proof.

Many times if a person takes an item into the restrooms and leaves without it, the store detective will do a scan of the stalls and wastebaskets checking for tags or empty packages. Even if the detective finds evidence of theft, he or she must not act on it, Remember: If they didn't see it, it didn't happen.

#3: If the Shoplifter Refuses to Come Back Inside the Store or Chooses to Run, They Will Be Allowed to Leave.

Why?It all comes down to liability. In the old days, a store detective would physically take hold of and cuff a suspected shoplifter or give chase through parking lots and backyards to try to catch the shoplifter. In most stores, this is no longer the case.Stores are concerned that shoplifters or innocent customers could be hurt in a brawl and sue them. That's not something that shareholders need affecting their investments. Ask anyone at Home Depot or Albertsons what happens when you chase a subject from the store. You lose your job. No exceptions.Now, this isn't saying that the shoplifter is home free. In that case, the store detective should note how the shoplifter gets away. If it’s in a car, that means taking down the car description, license plate number, direction, etc. After that, they’ll immediately call the police.

#4: If You Are Under 5 or Over 70 Years of Age, LP Is Not Supposed to Stop You

This is a rule for many chains. The assumption is that at five years or younger, you are not responsible for knowing you've committed a crime by taking something. Why would stores want to embarrass a customer by stopping their toddler who has stolen a candy bar? They don't, and most won't. Customers are hard enough to come by.Senior citizens are major shoplifters. Whether they’re motivated by financial, psychological, or thrill-‐seeking reasons, seniors are stealing each and every day. Most of them are getting away with it.

#4: If You Are Under 5 or Over 70 Years of Age, LP Is Not Supposed to Stop You

Why?It’s liability again. No store wishes to detain a senior citizen who may fall ill or have a stroke, heart attack, or seizure after they've been caught stealing. It also doesn't look good in front of customers when a store detective brings in some grandmotherly looking woman for stealing a bottle of Advil. It's just bad for business. This doesn't happen at every store, but more and more,retailers are looking away while granny is helping herself to merchandise.

#5: Despite All This, LP Will Break the Rules to Catch You

Why?Because they can. It's LP’s word against the shoplifters, and the police and store officials will believe a store detective before they believe a shoplifting suspect. Although the rules say they must not stop you if you steal in the bathroom or if they lose sight of you, they often do. Store detectives are notorious risk takers. They are paid for their ability to fight loss in the store and must justify their paychecks by apprehending shoplifters. Since the rules are not in their favor, these rules are often bent.

https://soapboxie.com/government/5-‐Things-‐You-‐Didnt-‐Know-‐About-‐Shoplifting

Catch That Shoplifter · #5: The Rule of Apprehension LP must apprehend the shoplifter outside of...

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