I apologize for being late again. I am teaching a class on how to secure evidence at the scene. That's the skinny of it.
I'm not sure what they are called in your area of the country, but around here what used to be called "store detective" is now called "Loss Prevention Specialist" or something like that. Going by Pennsylvania law, if the LPS views the person concealing the merchandise and follows that person until they have passed the checkout area, they are permitted to apprehend, not arrest, the shoplifter and hold them until police arrive. Keep in mind, this is only PA law.
It all comes down to concealment. If the SL, in the judgment of the LPS, the person concealing the merchandise has every intention of not paying for the hidden article, then he/she may follow that person until they have passed the checkout area and then they are permitted to use force to contain the individual . The law here actually reads that the SL is to be nabbed outside the store, but that's ridiculous. There are just too many SL's that can run faster than the LPS.
For one, I know that Ohio, Illinois and Texas have different laws. In New York City, where it has been reported that they lose in excess of 25 million dollars annually to shoplifters, if you even look suspicious, the LPS, or manager can run you out of the store legally.
In PA, if a bystander (patron) sees the theft, their only option is to notify an employee. If they make any attempt to nab the SL and they use physical force and cause harm to that person, they are held liable for any injuries. Insurance companies pay out hundreds of millions of dollars per year due to shoplifting. If you talk to a lawyer, judge, Prosecutor, they will all tell you that although it's a nasty and unethical crime, it's normally a victim-less crime and they would rather see the insurance company dole out a few dollars than see someone hurt over a stolen hairbrush, coat or whatever. But if you are concerned about the stores and insurance companies losing money over shoplifters, there's no need to; we are all paying it back.
Maybe five years ago, I was in Sears looking at a set of screwdrivers that I was considering buying for my kid. I saw a man pocket two deep well sockets. (I thought he was completing his set.) I was not in uniform, but I do carry a small badge inside my wallet, so I walked up to him, showed him my badge and said very politely, "You don't want to spend Christmas in jail, do you?" Oh, this was Christmas Eve. He stood frozen just looking at my badge. I had to say, "Hello?" He apologized all over the place and asked me what I was going to do. I told him nothing if he puts the two sockets back and leaves the store. Of course, he tried to convince me that he has never done anything like that before. I told him that I believed him because he wasn't very good at.
There is some risk to approaching shoplifters. If you see one taking place, for your safety, just tell a clerk. Several years ago, about this time of the year, we had two men walk into a jewelry store and do what's called a "smash, grab and run." That's where they come into the store, generally with a rock in their hand, smash the glass on top of the jewelry case grab what they are after, usually Rolex watches or diamond rings and then high tail it out of the store. This is why we are seeing less and less Rolex's in the cases and the diamonds are inside shatter proof glass in the high end stores. Heck, some stores even employ armed security guards at this time of the year and BTW, they fall under a different category as to how they can handle a shoplifter. They don't carry a gun just for intimidation.
And remember ladies, when shopping, always carry your pocketbook slung around your neck and hanging by your side, if you are carrying large amounts of cash or several credit cards. When most thieves see your pocketbook being carried in that manner, they will not even attempt to take it.