PATHWAYS ABILITIES SOCIETY

PROCEDURE: SHOPLIFTING

Applies to: All Personnel and Volunteers Business Services

Effective/Revision Date:

September 19, 2005

March 30, 2006

September 12, 2011

December 21, 2012

What to do if you suspect shoplifting is taking place

-  You must see the person approach your merchandise or enter the store without any merchandise in their hand(s). This prevents the scenario of falsely detaining a customer who carried an item to be returned or exchanged into the store.

-  You must see the person select the merchandise. If you can say without doubt that you saw the customer pick up your merchandise before putting it into a pocket or otherwise concealing it, you again protect yourself from that false arrest claim.

-  You must see the person conceal, carry away or convert the merchandise in question. Concealment can be in pockets, in shopping bags, in a child’s stroller. It can even be accomplished in full view as in when tags are removed from articles of clothing.

-  You must see the person fail to pay for the stolen merchandise. Sometimes the thief will walk directly out of the store, but sometimes they will pay for some items but not the concealed one. It is important to see that the concealed item is not retrieved and paid for.

-  You must see the person leave the store. Your approach to the thief should be outside the store. This eliminates all arguments that the person intended to pay for the item(s).

What do when you have confirmed that shoplifting took place

1.  If 2 staff is working, one should call the police (this lessens the time store personnel must control the situation) and the other, if they feel it is safe to do so approaches the person outside the store.

2.  Make the approach from the front. DO NOT use force. DO NOT lay hands on the person. DO NOT speak in a loud enough voice that it would bring attention from others. The approach conversation should be firm, to the point, and polite. It’s possible that there has been a mistake and/or a misunderstanding that can be explained. State, “I am with Pathways and I’ve been observing you. Perhaps I’m mistaken, but do you have something in your purse/wallet/coat that you haven’t paid for? Would you please accompany me back into the store so we can clear this matter up?”

3.  On the slight chance that the suspect makes a run for it, many times grabbing loose clothing or a belt loop will stop the person. If they resist and or act in an aggressive manner let the person go. Do not chase him/her through the store, outside and/or with a car.

4.  Accompany the person back into the store and if this has not already been done, call the police. Use no force to guide the person back inside.

5.  Ask for the return of the merchandise in question. Ask for identification. Determine if there are extenuating circumstances that would keep us from prosecuting i.e. age of suspect, no merchandise found, mental capacity of suspect.

6.  While waiting for the police, begin creating a written record of pertinent facts, observations and verbal exchanges or statements. Requests for water, to take prescription medications or to use the restrooms, should be honored. Any emergency situations should be handled by calling “911.” Requests you can and should decline include smoking, calling attorney, calling parents and “getting some fresh air.”

7.  Once the police arrive they are in charge. Cooperate fully. Complete a Critical Incident Report form. All physical evidence should be photographed and either turned over to the police, or segregated and kept in a secure location for future civil or criminal proceedings.

Use the Golden Rule as a guiding principle when dealing with a suspected shoplifting incident. “Do unto others as you would have them do unto you.” Treating the suspect or detainee in a polite, discrete yet firm and professional manner will help avoid civil liability for slander, libel, false arrest, use of excessive force, or discrimination.

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