Shoplifting Arrest Scenario for Security Guards (Canada)

On your patrol you see a customer pick up two packs of razor blades from the pharmacy aisle. They look around, then slip both packs inside their jacket. They keep shopping with a basket that holds a loaf of bread.

1. Keep the person in sight from a distance and note the time, the items and exactly what you saw.
   Why?

   Best practice. Good. The owner, or a person the owner authorizes, may arrest someone they find committing a criminal offence on or in relation to the property. To be sure of that, keep watching so you know the items are still with the person. Write your observations down as soon as you can.

2. Walk up right away, grab the jacket and check the pockets.
   Why?

   Unsafe or not allowed. Security guards do not have police powers. Grabbing someone and checking their pockets without a lawful arrest or their consent can lead to charges, a lawsuit and discipline by your employer.

3. Turn away to radio your supervisor and ask what to do.
   Why?

   Acceptable. Asking for help is reasonable, but you stopped watching. If you lose sight of the person, you can no longer say what happened to the items.

When you finish the radio call, the person is already near the exit. You did not see what they did while you were turned away. Your supervisor says to use your judgement.

1. Do not arrest. Note their description and direction, and report what you saw to your supervisor.
   Why?

   Best practice. Right call. The items could have been dropped or put back while you were not looking. Without seeing the whole event, an arrest could be unlawful. Observing and reporting is always a safe choice.

2. Arrest them at the door because you are fairly sure they still have the razor blades.
   Why?

   Unsafe or not allowed. Being fairly sure is not enough here. Under section 494(2), you must find the person committing the offence. Arresting someone who turns out to have nothing is a serious mistake.

3. Ask them politely at the door whether they forgot to pay for anything, without stopping them.
   Why?

   Acceptable. A polite question does not detain anyone, so it is lawful. But it may embarrass an innocent person, and it rarely gets the goods back. Reporting is usually better.

The person goes to self-checkout, scans and pays for the bread only, then walks past the last checkout toward the exit. You have watched them the whole time. The razor blades were never put back or paid for.

1. Approach calmly near the exit, say who you are, and tell them you are arresting them for theft of the razor blades.
   Why?

   Best practice. Correct. You found them committing a criminal offence on the property, and as the owner's authorized person you may arrest at that time (section 494(2)). The Criminal Code also says a person making an arrest must give the reason for the arrest where it is feasible.

2. Let them leave, then write a detailed report for the store manager and police.
   Why?

   Acceptable. This is lawful and safe, and some employers do not allow guards to arrest at all. Calling police and being a good witness is always a lawful choice. The goods may be lost, but no one is hurt.

3. Block the door, call out 'Thief!' so others hear, and say they cannot leave until they show you their bags.
   Why?

   Unsafe or not allowed. Holding someone until they show their bags is not a lawful search, and shaming them in public is unprofessional. Ontario's code of conduct says guards must avoid abusive language, and Alberta's requires orderly and appropriate conduct.

The person says, 'Fine, take them back, just let me go,' and starts backing toward the door. They are upset but are not threatening you.

1. Stay calm, explain again that they are under arrest and that police are being called, ask them to walk with you to the office, and call police now.
   Why?

   Best practice. Good. Anyone other than a peace officer who arrests a person without a warrant must deliver that person to a peace officer forthwith (section 494(3)). Calling police right away meets that duty.

2. Tackle them to the floor before they reach the door.
   Why?

   Unsafe or not allowed. The law protects only as much force as is necessary (section 25), and anyone who uses too much force is criminally responsible for the excess (section 26). A tackle on a person who is not violent is far more than this calls for.

3. Let them walk out rather than struggle, then call police with a full description.
   Why?

   Acceptable. Safety comes first, and letting someone go instead of fighting is a sensible choice. A clear description helps police. The store may not get its goods back.

In the office, the person sits down and hands you the two packs of razor blades. Police say an officer is on the way. Their backpack is on the floor, and you wonder if there is more stolen property inside.

1. Leave the backpack closed, keep a safe distance, and tell the officer about your concern when they arrive.
   Why?

   Best practice. Best practice. Waiting for police avoids a struggle and a complaint. Tell the officer your concern, and let police decide whether a search is needed.

2. Tell the person they must empty the backpack or you will make sure they face more charges.
   Why?

   Unsafe or not allowed. Threats are never acceptable, and a search forced by a threat is not a search with consent. You do not decide what charges are laid.

3. Ask if they will agree to open the backpack, and stop the moment they say no.
   Why?

   Acceptable. A search with real consent can be lawful, and you must stop as soon as the person changes their mind. It is still safer to wait and let police decide.

A police officer arrives and asks what happened.

1. Hand the person over, explain in order what you saw, give the recovered items as the officer directs, and finish your notebook and incident report.
   Why?

   Best practice. Well done. Clear facts in time order help the officer, and your notes may later be used as evidence. Write them while the details are fresh.

2. Hand the person over and write your notes tomorrow, when the store is quiet.
   Why?

   Acceptable. Handing over to police was right, but notes should be written while details are fresh. Details fade quickly, and missing facts weaken your account.

3. Tell the officer you also saw the person take other items earlier, even though you did not.
   Why?

   Unsafe or not allowed. Never make a false or misleading statement. The codes of conduct in Ontario and Alberta require guards to act with honesty and integrity, and Alberta's requires truthful and accurate statements.