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?
1 Answer from Attorneys
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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