Lesson 1: Retail theft and the law
Loss prevention means reducing the loss of goods and cash from a store, through theft, fraud or mistakes. Most of the work is quiet and preventive: being visible, giving good customer service and noticing what is happening on the sales floor.
Theft laws are written by each state. Florida Statutes 812.015 defines retail theft as taking or carrying away merchandise, property or money with intent to deprive the merchant of its possession, use, benefit or full retail value.
Theft levels differ by state
Theft is graded differently in each state, often by the value of what was taken. In New York, for example:
| New York offense | When it applies | Level |
|---|---|---|
| Petit larceny (Penal Law 155.25) | Stealing property | Class A misdemeanor |
| Grand larceny, 4th degree (Penal Law 155.30) | Property worth more than $1,000, among other cases | Class E felony |
Lesson 2: The shopkeeper's privilege
Many states give stores a shopkeeper's privilege (also called merchant's privilege). It lets a merchant, or its employee or agent, briefly detain a person suspected of shoplifting. The detention must follow the state's rules, or the store and the employee can be sued.
| State and law | Key rules |
|---|---|
| Florida 812.015 | Probable cause; reasonable manner and time; call police to the scene immediately; a theft alarm is reasonable cause if notice is posted |
| New York General Business Law 218 | Reasonable grounds, such as knowing the person concealed unpurchased goods; reasonable manner; no more than a reasonable time |
| Virginia 18.2-105.1 | Probable cause; no more than one hour while waiting for police |
| California Penal Code 490.5 | Probable cause; reasonable time; reasonable non-deadly force; limited bag search |
New York explains what a reasonable time means: time for the person to make or refuse a statement, and time to check with employees and records about the merchandise.
If a Florida detention follows the law, the merchant is not liable for false arrest, false imprisonment or unlawful detention. The protection only covers detentions that follow the law.
In Florida, the word merchant includes the owner's agents and employees, so trained store staff and contract guards can be covered. Florida law also makes it a first-degree misdemeanor to resist a merchant's reasonable effort to recover property, unless the person did not know, and had no reason to know, that the staff member was authorized.
Lesson 3: Safe stops, searches and force
Your store's policy may be stricter than the law, and it may not allow you to stop anyone at all. Follow your policy first.
Before you act, ask yourself
- Did I see it myself, from start to finish?
- Does my store's policy allow a stop in this situation?
- Is the person calm, alone and showing no weapon?
- Is a coworker or manager with me as a witness?
- Can police be called right away?
If the answer to any of these is no, do not make the stop. Write down what you saw and report it.
Searches
California's official guard manual explains the limits under PC 490.5. First, ask the person to hand over the item voluntarily. If they refuse, only packages, shopping bags and handbags in their immediate possession may be searched. Clothing worn by the person may never be searched.
Force and chasing
- California allows only a reasonable amount of non-deadly force to detain a suspected shoplifter.
- The manual says deadly force is allowed only to protect lives, never to protect goods.
- The manual also warns that chasing a suspect risks abandoning your post and injury to you or others.
Lesson 4: Robbery prevention and response
OSHA's guidance for late-night retail stores (OSHA 3153) gives practical ways to reduce robbery and violence:
- Keep window signs low or high and shelving low, so the register area can be seen from outside.
- Keep good lighting inside and outside.
- Use a drop safe, keep register cash low and post signs that cashiers have limited access to cash.
- Use cameras, alarms and panic buttons.
- Put height markers on exit doors to help witnesses describe a suspect.
- Use a buddy system and escorts to parking areas when safety may be at risk, such as late at night.
During a robbery
OSHA recommends training workers to hand over money or valuables without resistance. Stay calm, do what you are told and do not chase or follow. Your life is worth more than any cash or goods.
Lesson 5: After an incident and writing reports
OSHA lists these steps after a robbery or assault:
- Give prompt first aid and get emergency medical care for anyone hurt.
- Report the incident to the police.
- Secure the premises to protect evidence.
- Write an incident report right away.
- Offer support, such as counseling, to workers who were affected.
OSHA also says workers should report all assaults or threats, even small ones, and that stores should keep a log of incidents.
Facts, not conclusions
California's guard manual says to write facts, which are what actually happened, not conclusions. "She put two shirts in her purse and passed the registers" is a fact. "She is a thief" or "she looked guilty" is a conclusion.
When police arrive, give them your facts and any evidence. The police decide whether to take the person into custody.
资料来源
- Florida Statutes 812.015 (retail theft)
- New York General Business Law 218
- New York Penal Law 155.25 (petit larceny)
- New York Penal Law 155.30 (grand larceny, 4th degree)
- Code of Virginia 18.2-105.1
- BSIS: Power to Arrest and Appropriate Use of Force training manual
- OSHA 3153: Workplace Violence Prevention in Late-Night Retail Establishments