You Are in Charge

There is a video of a shoplifting apprehension that has been making its way across the internet. The video is not a company sanction video or even surveillance based off of CCTV coverage. It is a video that some bystander started to record on their cell phone. Within the video, you see two employees making a shoplifting apprehension. The suspect is refusing to comply, and a physical altercation is ensuing. At some point, one of the employees is stabbed, the suspect ends up on the ground and the second employee starts to hit the suspect in the face.

The video is an interesting mix of several things that were done correctly, and several things that absolutely were not. Even more interesting are the comments that were posted that very clearly showed two completely opposite line of thought around not only what the video showed, but the interpretation of the events as well.

In the video, we do not see what happened at the start. We do not see what the merchandise is, or where it’s at, or even if there actually was stolen merchandise. All we see is the apprehension taking place in the parking lot between two cars. The suspect is clearly fighting off the employees and refusing to comply. One employee verbally states that he is (company name) loss prevention and to stop fighting. He says this a few times, clear enough that it is caught on the video.

This is a very important part of the apprehension process. The employee needs to make sure the suspect is aware that they are store employees, not random people that are assaulting him. Without a verbal identification, a shoplifting suspect can say they ran, or fought because they didn’t know who was coming after them. If an employee carries and shows some form of badge or employee identification, it only strengthens the employee’s clout during an apprehension.

This particular employee is also seen wearing a set of handcuffs, and later puts them on the shoplifting suspect. This is one of the points of confusion during the reader’s comments. Many believed that the store employee had no legal right to carry or use handcuffs. While each jurisdiction can be different, it is actually legal in most places for the use of handcuffs in a shoplifting apprehension by store employees.

The biggest part to remember is that handcuffs are used only to keep the employees and the suspect safe. There is a right and a wrong way to put the handcuffs on. They can be put on too tight or too loose, and the employee needs to execute the application correctly. Shoplifters should not be handcuffed to objects like tables or chairs. Shoplifters must also be protected from harm while they are wearing handcuffs. Needless to say, hitting a shoplifter with the cuffs, or throwing them at them is not legally or morally acceptable. All of this is the responsibility of the employee and the company if handcuffs are to be used.

Back in the video, as the suspect was finally on the ground being handcuffed, the second employee takes a few punches to the suspect’s head. What I see, based off of years of experience, is an employee who has not been properly trained, and is mentally and physically worn out from the fight and the adrenaline surge during the apprehension. This is not excusable, and the employee and the company could be held liable for assault. It is a sad reminder that employees who are to be used as a witness need to be selected carefully, and properly trained well before they act as a witness. This role should not be performed by the closest available employee as you are going out the door to make an apprehension.

Finally, it was shocking to see how many people commented about how employees and stores are not allowed to make apprehensions; that they should have let the suspect go and called the police. Again, it is important to check with your specific codes for your location. However, it is commonly acceptable for a retailer to stop a shoplifter. It falls under Merchant’s Privilege of the shopkeeper’s code. Basically, it is a citizen’s arrest.

If your stores do allow for apprehensions of shoplifters, it is important to make sure your employees are acting completely within their rights, and are well informed of what they can and cannot do. With this many people oblivious to the fact that apprehensions are legal, don’t take it for granted that your shoplifters understand they can be apprehended and prosecuted. A shoplifter who thinks that only police can stop them will be more brazen to steal, and also much more difficult to convince to surrender peacefully.