Legal Question in Criminal Law in California

Legal actions towards shoplifters

I am a business owner and would like to know how far

I can go legally in pursuing a shoplifter. Am I allowed to search bags? Apprehend the shoplifter until police arrive?

When are they guilty, whenthey leave the store with the merchandise? The offenders do not try to stick around once they are caught. Can I take pictures of them or follow them to their cars?

Thank You,

--name removed--


Asked on 10/21/04, 9:50 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Legal actions towards shoplifters

You are in treacherous territory. Detaining shoplifters for police is the proper way, but using force against resistance is likely to lead to legal problems. Once they leave the store, it is shoplifting. You need to sit down with counsel and be fully educated about the problems. Contact me if interested in doing so.

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Answered on 10/25/04, 3:33 pm


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