The Shoplifter Has No Rules
Think of shoplifting as a game between two sets of people. The shoplifter(s), (of course) and the store security personnel, sometimes referred to as loss prevention or simply LP. The shoplifters have the advantage in the game for 3 reasons.
a.) They are unidentified players in the game until they steal.
b.) They may use any method (or a combination of methods) to get goods out of a store.
c.) The shoplifter has no rules in the game and only one objective, which is to not get caught.
The 5 Rules of Loss Prevention Officers
The LP employees must follow 5 basic rules when it comes to apprehending shoplifting suspects. These 5 rules vary from state to state and company to company, but are basically the same. The rules of the company usually outweigh local law, because large chains wish to avoid lawsuits and place extra restrictions on their personnel to ensure an air tight case when stopping a shoplifter.
Rule #1: Selecton: Loss Prevention MUST see the item selected from their store.
WHY? The LP person must see the shoplifter select the merchandise to make sure the merchandise belongs to the store. Suppose a woman purchased a sweater at another store a few minutes before and came into your store looking for a matching pair of pants? You happen to observe this woman holding up the sweater (with tags clearly visible) against several pair of pants in your store. All of a sudden she opens her handbag (or shopping bag) and places the sweater inside and then exits the store. Did she steal the sweater? If you did not see the woman select the sweater from a rack in your store, you MUST not stop her. (According to the rules, anyway!) Sometimes people bring their own merchandise into the stores with them
Rule #2: Concealment: LP MUST see the shoplifter conceal the merchandise.
WHY? The LP must see the shoplifter conceal the merchandise on their person, (pockets, coat, pants, etc.) inside a handbag or backpack or simply just inside the shopping cart (some shoplifters just fill a cart with merchandise and simply walk out of the store. The LP officer should be able to tell you that “the male subject has placed a Jim Carey DVD inside the front wasitband of his pants.”
RULE #3: LP Must Maintain Continuous Observation of the Shoplifter.
WHY? To make sure the shoplifter does not get nervous or change his mind and dump the merchandise someplace, An LP officer simply cannot see an item concealed and then go outside and wait for the subject. Shoplifters are skittish, nervous types and typically drop merchandise they’ve concealed. If a Loss Prevention Officer stops a suspected shoplifter and they have no merchandise on them, there is no case for the store and the shoplifter may sue the store for wrongful detainment. This is the most crucial step for store employees and where the most mistakes happen. No matter how good your store’s camera system is there is virtually no such thing as 100% continuous observation.
RULE #4: LP Must Watch The Shoplifter Pass The Point of Purchase
WHY? This proves to the police and the courts that the shoplifter had no intention of paying for the merchandise. If a security officer were to stop a suspected shoplifter before they reached the cash register, the suspect could claim they were going to go to the register and pay for it. Even a concealed item.
RULE #5: LP Must Apprehend The Shoplifter Outside of the Store
WHY? For a few reasons. Again, this step proves the shoplifter passed the cash register and walked outside with no intention of paying for the products. This step also ensures that if there is a confrontation between shoplifter and store detective, it will not happen inside near happy shoppers. No store wants to make their sholifting stops public. It’s an ugly side of the shopping experience. The store also does not want their customers getting hurt in an altercation. Some shoplifters will fight and some carry weapons. Both shoplifters and store security have been killed during shoplifting stops.
Here Are The Five Things You Didn’t Know
1.) If I Didn’t See It, It Didn’t Happen
I don’t know how many times in my Loss Prevention career a store employee has called my office or seen me on the sales floor and said, “I just saw someone steal You’d better go catch him.” This cannot be done.
WHY? In most large chains, the store detective is the only person allowed to make an apprehension (although this is not always the way it gets played out) and the store detective MUST either see the theft occur, or wait for the suspect to take something else. If the store detective does not see the person steal, the subject MUST be allowed to leave the store freely.
2.) If You Steal In the Restroom, I am supposed To Let You Go
If you conceal your item inside the restroom or a stall in the fitting/dressing room, by store policy, you should be able to walk out of the store without fear of being stopped by Loss Prevention.
WHY? Because they didn’t see concealment of the item. They may guess you have the item on your person but there is no proof. Most times if a person takes an item into the restrooms and leaves without it, the store detective wil do a scan of the stalls and wastebaskets checking for tags or empty packages. Even if the detective finds evidence of a theft, he/she MUST not act on it, Remember. If they didn’t see it, it didn’t happen.
3.) If the shoplifter refuses to come back inside the store with the store detective or chooses to run, the shoplifter will be allowed to leave.
WHY? Liability. In the old days, a store detective would physically take hold of and cuff a suspected shoplifter or give chase through parking lots and back yards in attempts to capture the shoplifter. In most stores, this is no longer the case. Stores are concerned that shoplifters or innocent customers could be hurt in a brawl and sue them. That’s not something that shareholders need affecting their investments.Ask anyone at Home Depot or Albertsons what happens when you chase after a subject who has stolen from the store.You lose your job.No exceptions.
Now this isn’t saying that the shoplifter is home free. The store detective should note how the shoplifter gets away, car description, license plate, direction, etc., and immediately call the police.
4.) If You are Under 5 or over 70 years of age, LP is Not Supposed to Stop You
WHY? This is a rule for many chains.The assumption is that at 5 years or younger, you are not responsible for knowing you’ve committed a crime by taking something. Why do stores want to embarrass a customer by stopping their 3 year old who has stolen a candy bar? They don’t-and most won’t. Customers are hard enough to come by.
Senior citizens are major shoplifters. Whether it be financial or kleptomainia or just plain outright theft, seniors are stealing each and everyday-and most of them are getting away with it.
WHY? No store wishes to detain a senior citizen who may fall ill, have a stroke, heart attack or seizure after they’ve been caught stealing. It’s a liability. It also doesn’t look good in front of customers when a store detective brings in some grandmotherly-looking woman for stealing a bottle of Advil.It’s bad for business. This doesn’t happen at every store, but more and more, retailers are looking away when it comes to granny helping herself.
5.) LP will break the rules to catch you
WHY? Because they can. It’s your word against the shoplifters and the police and store officials are more likely to believe a store detective before they believe a shopliting suspect. If a shoplifter steals in the bathroom or the store detective loses sight of them, although the rules say they must NOT stop you, this is hardly the case. Store detectives are notorius risk takers. They are paid on their ability to fight loss in the store and must justify their paychecks by apprehending shoplifters. Since the rules are definitely not in their favor, these rules are often bent.
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