Shoplifting And The Law

Law changes across the United States dealing with shoplifting are always changing.  Police departments across states work among businesses to protect them from shoplifting and other illegal activities. Businesses need and demand harsher sentences to deter shoplifting.  Businesses dealing with shoplifting are inarguably in accordance with the police force, and want solutions to protect their business and ultimately their bottom line.  When training your loss prevention personnel, what is allowed and what is prohibited according to the law, must be addressed with them and with the management of your company. A well trained loss prevention officer can be the difference between a law suit or not.

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Civil Demand Letters After You Are Busted For Shoplifting

Shoplifters who were caught and released are getting an additional scare in the mail after the event occurs. You may have been caught lifting a pack of gum, or a shirt from a local store. When you were caught you may have just been asked some questions and let go on the spot. However, a letter might come in the mail to scare you after the fact even if you aren’t arrested.

Typically when you are caught shoplifting in Illinois, the store gets their merchandise back undamaged, on the spot. There are no damages incurred by the store, as they are free to sell that t-shirt or pack of gum. However, some law firms are coming after shoplifters in an attempt to gain monetarily for the event. A letter arrives, from a law firm claiming damages and back legal fees they claim a shoplifter owes.  This is called a civil demand letter. This letter does not mean any charges have been filed against the shoplifter and the person who receives the letter probably shouldn’t pay. In my opinion, making the payment admits guilt.


Know Your Rights if a Store Detains You for Shoplifting

Being detained by a store or mall security office under suspicion of shoplifting is an experience no one wants to have. Often mall security will try to pressure you into signing a statement admitting your guilt (often threatening to call the police if you don’t) or force you to pay restitution for your offense, but in some cases things can escalate. If you’re detained for shoplifting—regardless of whether you’re innocent or guilty—you have rights. Here’s what you need to know.

This post is part of our Evil Week series at Lifehacker, where we look at the dark side of getting things done. Knowing evil means knowing how to beat it, so you can use your sinister powers for good. Want more? Check out our evil week tag page.
What Has to Happen for a Store to Detain You

The first thing you need to know is what a store has to have or has to see in order to exercise their right to detain you. First, a witness or employee needs to establish probable cause.


Shoplifting offenses are fairly common, but that doesn’t mean shoplifting crimes aren’t taken seriously.

Shoplifting offenses are fairly common, but that doesn’t mean shoplifting crimes aren’t taken seriously. Every state’s penal code includes provisions that apply to shoplifting (usually under the umbrella of theft or larceny statutes), and penalties can be harsh — especially when the dollar value of the merchandise is high, or the offender has a criminal record.

What is Shoplifting?

Shoplifting is typically defined more broadly than the simple removal of merchandise from a store without paying for it. You can also be charged with shoplifting (or retail fraud) for things like:

  • altering a price tag
  • removing (or even just trying to remove) security tags and other theft-prevention
  • “secreting” an item on your person while still in the store (putting merchandise in your pocket or purse), and
  • removing an item from its packaging and concealing it in or among other merchandise.

 

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