Legal Question in Criminal Law in Pennsylvania

shoplifting

What is the law about stoping a possible shoplifter i.e. inside or outside the store & if outside, how many feet from the store?


Asked on 7/19/04, 9:23 pm

1 Answer from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: shoplifting

Although it would seem logical that you would have to be outside the store, this is not the case.

A person can be stopped inside the store if they have acted to conceal merchandise. That is, if they have been observed putting an item in their purse or pocket or under their shirt. This action creates a legal presumption that the person intends to steal the item. A presumption that can be overcome, but a presumption nonetheless.

However, for evidentiary reasons, store owners/security should consider waiting for the person to make an affirmative decision/action to exit the store before stopping them. This would make it easier to prove the intent required in the law.

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Answered on 7/20/04, 10:12 am


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