Shoplifting Detention Scenario for Guards (California)

From the end of an aisle, you watch a shopper take two phone chargers off a hook and put them in her tote bag. You keep her in view. She walks past every open register without paying and heads for the front door.

1. Radio your partner, keep her in view, and wait until she passes the last register. Then approach, say who you are, and politely ask her to come back about the unpaid items.
   Why?

   Best practice. Good. Penal Code 490.5 lets a merchant or its agent detain a person for a reasonable time, to investigate in a reasonable manner, when there is probable cause to believe the person is taking merchandise. Seeing the items hidden and carried past the registers gives you facts, not guesses. A calm, polite stop is a reasonable manner. Store policies on when to stop someone differ, so follow yours.

2. Run up to her in the aisle, grab her bag strap, and shout that she is a thief.
   Why?

   Unsafe or not allowed. Unsafe. A detention must be done in a reasonable manner, and any force must be reasonable and nondeadly. Grabbing and shouting before you even speak to her can start a fight and leads to claims against you and the store. The BSIS training tells guards to avoid high-risk situations that could lead to physical fights.

3. Do not approach. Write down her description and the time, and tell the store manager so it can be reported.
   Why?

   Acceptable. Safe, but weaker. The BSIS Power to Arrest manual says you are never obligated to make a citizen's arrest, and you can always observe and report instead. But the store hired you to deal with theft in a lawful way, and you had good facts for a calm stop.

She stops just outside the door. She says she did not take anything, but agrees to walk back to the office with you. Your partner, a store employee, comes along.

1. In the office, with your partner present, explain why you stopped her and ask her to hand over the two chargers.
   Why?

   Best practice. Correct. Asking her to surrender the items is the first step the law describes. A witness protects everyone and helps your report. Items in plain view may be examined to find out who owns them.

2. Ask her to show photo ID before you talk about the items.
   Why?

   Acceptable. Weaker. Under Penal Code 490.5, after the item is surrendered or found, the person may be asked for proof of identity, but cannot be required to give it. Deal with the items first, and treat ID as a polite request only.

3. Pat down her jacket and check her pockets for more stolen items.
   Why?

   Unsafe or not allowed. Unlawful. Penal Code 490.5 allows only a limited search of bags or packages in her immediate possession, and only if she refuses to hand over the item. It never allows a search of clothing she is wearing. The BSIS manual also tells guards to avoid searching a person.

She takes the two chargers out of her bag and puts them on the desk. She offers to pay and asks to leave. Store policy says to call police when the manager wants to press charges, and the manager does.

1. Call police now. Write down the time you stopped her and the time you called. Keep the office calm, with your partner present.
   Why?

   Best practice. Right. The BSIS manual says that if charges are pursued, the person must be turned over to police within a reasonable time. Recording the times shows you did not hold her longer than needed.

2. Tell her she must stay and show her ID or she will be in more trouble, then call police.
   Why?

   Acceptable. Calling police is right, but she cannot be required to show ID under Penal Code 490.5. Pressure like this is not a reasonable manner and can be used against you later. Ask politely, and accept a no.

3. Keep her in the office for an hour while the manager finishes his paperwork, then decide whether to call police.
   Why?

   Unsafe or not allowed. Unlawful. Merchant detention is only for a reasonable time. The BSIS manual warns that if you wait too long to call police, you may be guilty of illegal detention. Once the decision to press charges is made, call police right away.

While you wait, she stands up and walks toward the door, saying you have no right to keep her. She is not threatening anyone.

1. Calmly explain that she is being held for a short time until police arrive, and ask her to sit down. Keep your distance and do not touch her. Follow store policy if she still tries to leave.
   Why?

   Best practice. Best. The law allows only a reasonable amount of nondeadly force to prevent escape, and the BSIS manual says that if a person submits willingly, no force is necessary. Employer policies on physical stops differ, and many are stricter than the law. Talking first keeps everyone safe and keeps you inside your employer's policy.

2. Stand in the doorway with your arms at your sides so she cannot get past.
   Why?

   Acceptable. Acceptable only if store policy allows it. Blocking a doorway is a use of your body to stop her, and it can quickly turn into a struggle. The BSIS manual asks you to weigh factors such as the person's size, any weapons and the type of offense before you act, and to follow your employer's policy.

3. Take her to the floor, pin her down, and handcuff her.
   Why?

   Unsafe or not allowed. Likely excessive force. She is walking away, not attacking anyone. The BSIS manual defines reasonable force as force that is not excessive, and it links handcuffs to people who have resisted or may try to resist or escape, under your employer's policy. Taking someone to the floor over two chargers can injure her and expose you to criminal and civil liability.

She sighs and sits back down. A few minutes later, a police officer arrives. The officer asks what happened and whether you will make a private person's arrest, since you saw the theft.

1. Tell the officer exactly what you saw, in order, with the times. Because the theft happened in your presence and store policy says to, agree to make a private person's arrest and hand her over to the officer.
   Why?

   Best practice. Correct. Penal Code 837 lets a private person arrest for a public offense committed or attempted in their presence. Penal Code 847 says a private person who arrests someone must, without unnecessary delay, deliver them to a peace officer or a magistrate. The BSIS manual notes you may be recorded as the arresting person and may have to give a statement or testify.

2. Give the officer the facts, but say you will not make an arrest or sign anything, and the manager can follow up later.
   Why?

   Acceptable. Allowed, but weaker here. The BSIS manual says you are never obligated to make a citizen's arrest. Your facts still help the officer. But store policy said to press charges, so check with your supervisor and the policy before you decline.

3. Tell the officer she is a known thief who steals every week, and add that she pushed you, to make the case stronger.
   Why?

   Unsafe or not allowed. Never do this. The BSIS manual says police and your employer are interested only in the facts. Guesses and made-up details ruin your credibility, and a false report can expose you to criminal and civil liability.