Full question:
Does a sore clerk have the right to tackle you from behind without saying a word, slam you into stuff, go in your pockets, and lock you in a room, if he suspects that you are shoplifting? Who is responsible for my injuries?
- Category: Criminal
- Date:
- State: Louisiana
Answer:
A store employee must have probable cause to detain someone they suspect of shoplifting. To establish probable cause and avoid false arrest claims, the employee should:
- Witness the person approaching the merchandise.
- Witness the person selecting the merchandise.
- Witness the person concealing or carrying away the merchandise.
- Maintain continuous observation of the person.
- Witness the person failing to pay for the merchandise.
- Approach the person outside of the store.
The force used to detain a suspect must be reasonable, depending on the circumstances. A merchant can use a reasonable amount of non-deadly force only when necessary to protect themselves or to prevent the escape of the person being detained or the loss of property. If the customer is cooperative, very young, very old, or frail, no force should be necessary. Loss prevention agents should be trained in the Use of Force Continuum, which allows for varying levels of force based on the situation. Handcuffs may be used for violent or aggressive shoplifters when there is a risk of escape or injury, but they should be applied skillfully. Proper training in the use of handcuffs is essential for loss prevention agents.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.