Store shoplifting policy - Menards incident in the news...

moonman239 said:

Allow me to correct #1 to some extent.

In California, a "private person" can arrest someone if he or she saw a "public offense" being committed, or has reason to believe that a felony was committed. Edit: Theft is a public offense.

California Penal Code section 837 (http://www.leginfo.ca.gov/cgi-bin/displaycode?file=833-851.90&group=00001-01000&section=pen):

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The specific section granting a merchant the authority to detain a person whom they have probable cause to believe has unlawfully taken merchandise is 490.5 (f)(1) PC.

or has reason to believe that a felony was committed

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A very important point here for a private person arrest acting on a felony is the added element of 'when in fact a felony has been committed.'

Gutwrench said:

The specific section granting a merchant the authority to detain a person whom they have probable cause to believe has unlawfully taken merchandise is 490.5 (f)(1) PC.



A very important point here for a private person arrest acting on a felony is the added element of 'when in fact a felony has been committed.'

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This also goes for misdemeanors. 836.5 I believe. Would have to look it up. But a misdemeanor not committed in the presence of a peace officer. This is how most stores operate for the stealing of beer, cd's etc. Stuff that is under the dollar mark for a felony.

rhett7660 said:

This also goes for misdemeanors. 836.5 I believe. Would have to look it up. But a misdemeanor not committed in the presence of a peace officer. This is how most stores operate for the stealing of beer, cd's etc. Stuff that is under the dollar mark for a felony.

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Generally speaking a misdemeanor must occur in the presence of a peace officer, but there are many exceptions. In the case of shoplifting the merchant or their agent will sign a CA (citizen arrest) and the police or deputy will then take custody of them (then likely releasing them on a citation). However if the shoplifting actually meets the elements of burglary or grand theft it is now a felony and no CA is necessary -- the officer can make the arrest based merely on the probable cause.

A shoplift suspect who violently resists a merchant (or agent) attempting to detain them can easily pass out of a misdemeanor petty theft and into robbery a felony.

Wow, I just noticed that this is a 4.5 year old thread. What the heck ?

-t

Asset protection (formerly known as loss prevention) is an ugly business. Not something I would want to be involved in the least bit.

There is a such thing as a "citizen's arrest" in which anyone can make an arrest. I've been asked for my receipt when leaving a store before, I provide it without harassing the employee who is just doing his/her job.