Legal Question in Criminal Law in Wisconsin

Apprehending Shoplifters in Retail Stores

When is it legal for a manager to apprehend a supposed shoplifter? Before they leave the store or once they have stepped outside the doors?


Asked on 6/22/09, 2:42 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Apprehension and Detention of Shoplifters in Retail Stores by Private Security Staff or Manager

Rules pertaining to the powers of private security to detain suspected shoplifters are complex and fact specific. Generally speaking, they can use reasonable force to detain the suspect on their private property, which could certainly extend well beyond the doors of the store and into the parking lot. You therefore owe it to yourself to consult with an experienced criminal lawyer to see whether or not your detention was legal. However, even if you were illegally detained by private parties, your relief might be limited to legal damages for false imprisonment; shoplifting charges against you may not automatically be dismissed if private parties acted illegally. My comments here are not intended as legal advice to you unless you subsequently retain me and revisit this issue with me afterwards.

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Answered on 6/29/09, 9:18 am


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