Shoplifting Questions Answered
I want to thank everyone who read my past article, "5 Things You Didn't Know About Shoplifting," as well as my list of the most common questions about shoplifting.
Years after publishing those articles about shoplifting that were informed by my years as a retail loss prevention professional, I still receive questions about the subject. I am happy to answer whatever questions I can, starting with these five realities of shoplifting you may not know about.
- Loss prevention (LP) probably won't apprehend you.
- You're being profiled whether you know it or not.
- The decision to call the police has already been made.
- LP is prohibited from touching you or running after you.
- You'll likely pay a civil fine and be entered into a database.
Please keep in mind that I am not an attorney and I do not provide legal advice. I also do not answer "how to shoplift" questions. Shoplifting is a crime, costing hundreds of millions of dollars yearly. I have no respect for shoplifters, but at the same time, who am I to judge their actions?
1. Loss Prevention (LP) May Not Apprehend You
That's right—if loss prevention sees you shoplift, they may try to get you to dump the item instead of immediately apprehending you.
Why?
There are a few reasons:
- The item may be small or inexpensive enough to justify not spending the time necessary to recover it and process the paperwork.
- Loss prevention would have to pull an employee away from their job to act as a witness in the LP office. It could take anywhere from 10–30 minutes for an adult apprehension with no police involvement. Add 30–60 minutes to that if police are called or if the shoplifter is a juvenile. The needs of the business come first in retail. Sometimes letting an item walk out the door is the best solution.
How does LP get you to drop concealed merchandise?
If it were me, I might pick up the intercom and, using my most convincing official voice, announce throughout the store: "Security, to the makeup department ... Code 4, thank you!"
That may not mean anything to the honest shopper, but if you're standing in the makeup department and you've just concealed a lipstick in your jacket, you're going to know that you've been caught. Nine times out of 10, you're going to dump it and walk away.
Oh, and in case you're wondering—"Code 4" doesn't mean anything. But it sure sounds official, doesn't it?
2. You're Being Profiled Whether You Know It or Not
How?
A clean-cut, mid-40s male wearing a $600 suit enters the store at the same time as a female teenager with a huge pocketbook and a baggy coat. The male walks to the electronics department and the teenager goes to the jewelry and accessories department. Both departments are high-theft areas. Who do you watch? The answer is pretty obvious.
Will you be profiled based on your appearance while shopping?
Absolutely. Loss prevention will judge you by the way you look and watch you accordingly. You won't know this and it won't be written in any company LP rulebook, but it's routine in the industry.
Recommended
The LP detective will watch the female teenager for an hour until she decides what she wants and proceeds to the cash register to pay for it. The guy in the expensive suit places three DVD players and a flat-screen TV inside a shopping cart and walks out the front doors without paying for them while no one even glances at him.
My first year in loss prevention is when I learned many valuable lessons about profiling. I was working in a store with another young detective when we noticed a beautiful woman come into the store. She was dressed in a tight halter top, a much-too-short miniskirt, and very high heels. The store was slow, and we were young and bored. Who did we watch?
This woman took her time shopping, reaching high to retrieve items on top shelves and bending over to get a better look at items on bottom shelves. My partner and I didn't miss a move she made. After 30 minutes or so, she suddenly abandoned her shopping cart in an aisle and began walking toward the front door. This didn't make sense. Why was she leaving the cart full of items she obviously wished to purchase?
The answer became clear when we saw her meet up with a scruffy-looking guy at the front of the store who was walking very fast, carrying two overstuffed knapsacks toward the exits.
She was obviously the sexy decoy, and he was the thief who had helped himself to whatever he wanted from our store while we were busy gawking at the woman. They were in their car and zipping out of the parking lot before we had even figured out what was going on.
3. The Decision to Call the Police Has Already Been Made
Why?
- "My kid is sick!"
- "I stole because I lost my job and my husband left me!"
- "I'm about to get evicted!"
- "My car was just repossessed and I don't have any money."
Every LP detective on the planet as heard these (and many other) excuses a million times. In fact, they've heard them so many times, they've become immune to them.
When LP makes an apprehension, they don't care about your reason for stealing. They score a notch on their belt for recovering merchandise and justify their paychecks at the same time. They're not going to let you go. They can't let you go.
They also have no say in whether or not you'll be arrested. That decision has already been made for them by the store, and there's nothing you can do about it.
The Minimum Dollar Amount
Years ago, LP was pretty much left to make the decision on whether or not to call the police. Things like dollar amount, the cooperation of the shoplifter, and accuracy of the information provided all contributed to the decision on whether or not you'd be talking a ride downtown. That's not the case anymore.
Over the past several years, stores have found it necessary to impose a minimum dollar amount when it comes to the policy for prosecuting shoplifters. That way, the store cannot be accused of being prejudicial when it comes to prosecuting shoplifters.
If everyone who steals at least $20 worth of merchandise gets arrested, there are no cries of racism or sexism. Everyone is equal, no matter what it is they've stolen. Now, no matter if you're rich or poor, male or female, or any ethnicity, you're going to jail if you've stolen the minimum dollar amount.
The only problem with this system is that sometimes the minimum amount is too low. I've worked in stores where the minimum was between $10–$20. Why tie up a cop for two hours to arrest a kid with $10 worth of baseball cards? Cops have more important things to deal with.
4. LP Is Prohibited From Touching You or Running After You
If you're stopped for shoplifting, loss prevention is not allowed to run after you or physically touch you.
Why?
Liability. If you run away from a loss prevention detective when he/she stops you, the detective cannot pursue you. In fact, depending on which store they work for, LP is not allowed to step off the sidewalk to stop you. I've seen more than one good LP get himself fired for either going out of bounds off the sidewalk or chasing someone who decided to run after leaving the exit.
Running after a shoplifter is dangerous. You or the shoplifter could be injured or killed by an automobile. Innocent shoppers may be knocked down and seriously injured, which casts a bad light on their shopping experience and also may require the store to pay out money to the injured party. This scenario can be avoided by not chasing a shoplifter.
Shoplifters are unpredictable. Some carry weapons. Some are drug addicts. Some don't care whether you (the LP) live or die. For these reasons, LP is prohibited from getting into a physical altercation with the shoplifter. If the shoplifter refuses to return to the store with LP, threatens physical violence, or pulls a weapon, the LP is required to remove themselves from the situation immediately and let the shoplifter walk (or run) away.
5. You’ll Likely Pay a Civil Fine and Be Entered Into a Database
Even if you don't get arrested, you'll probably still have to pay a civil fine, and your personal information will be entered into a retail theft database.
Why?
You couldn't resist temptation; when walking past the bargain DVD bin, you decided to swipe Steve Martin and John Candy's hit 1987 movie, Planes, Trains & Automobiles. It's only $5.99, but you can't justify blowing $6 on a movie you've seen before. You look around and quickly stick the DVD in your jacket pocket. When you go outside, you realize that you won't be watching a comedy this evening. Maybe a crime drama is more your speed. You've been busted.
How much is the fine?
Okay, so you've stolen a $6 DVD. It's no big deal. You're not going to have a criminal record and the LP told you that if you sign a couple of forms, you can be home by lunchtime. Is that it?
Not quite. There are some after-effects of shoplifting, even if you're not arrested. Depending on which state you're in and what store you've decided to steal from, you may be required to pay a civil fine ranging from $100–$1000.
Most U.S. states have given stores the right to recoup reasonable costs from those who have caused a loss in their stores. You'll receive a letter from a law office demanding you pay a fee within 30 days, or you'll be executed at sunrise. Well, not quite, but if you don't pay the fee, these vultures will make your life miserable until you do. There is usually a 50/50 split of the money between the store and the collection firm. The money is all profit on the store's end.
Recently I've read online that some attorneys will take on the task of fighting civil demand fines. Attorney fees are guaranteed to be less expensive than paying the fine, so if you can find an attorney willing to fight, it may be worth it.
Big Brother Is Tracking You, Too
Months or years after you've almost forgotten you ever stolen anything, your memory will live on—if the chain you stole from contributes information to a shoplifting criminal database.
Systems such as APIS and Esteem are keeping your social security number, name, address, what you stole, and the outcome of your case (whether you've been arrested or not) inside their vast servers, which they share with other stores.
These systems claim to be used for data research and statistics, but they collect enough information to be used against you. Whether or not this information is safe and secure and not being utilized or sold elsewhere is anyone's guess, but give a $15 per hour LP access to data like that and you're asking for trouble.
World's Oldest Crime?
Shoplifters are a part of doing business. The loss prevention industry employs hundreds of thousands of people around the world who watch and protect their merchandise and manufacture equipment designed to prevent the loss of goods sold in our stores.
After the first store opened in history, it was probably quickly followed by the first shoplifter. People have been stealing since time began and will continue to do so long after you and I have departed. Today, it's one of the most frequently committed crimes by both adults and youth.
This content reflects the personal opinions of the author. It is accurate and true to the best of the author’s knowledge and should not be substituted for impartial fact or advice in legal, political, or personal matters.
© 2012 Joseph Addams
