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NEW SHOPLIFTER ALERT - UPDATED
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Shoplifting (also known as five-finger discount, or shrinkage within the retail industry) is theft of goods from a retail establishment. It is one of the most common property crimes dealt with by police and courts.
Most shoplifters are amateurs; however, there are people and groups who make their living from shoplifting, and they tend to be more skilled. Generally, criminal theft involves taking possession of property illegally. In the case of shoplifting, though, customers are allowed by the property owner to take physical possession of the property (holding it in their hands or in a shopping cart controlled by them, for instance). This leaves areas of ambiguity that could criminalize some people for simple mistakes (such as accidental hiding of a small item or forgetting to pay). That is one of the reasons that penalties for shoplifting are generally lower than those for general theft. However, in practice most stores are aware of the hazards of making a false arrest and are instructed to be sure there is no doubt (ambiguity) before they make the arrest. Trained staff know the basics, observe the person, observe the item, observe the concealment (theft), keep constant unrestricted contact with the shoplifter, wait until the shoplifter leaves the store - make the arrest. As for penalties being less for shoplifter vs for "general" theft, in most states there is no specific "shoplifting" law; rather, shoplifting is charged simply as "theft". If the dollar amount of the item stolen is low it is a lower (less serious) theft crime. If the dollar value is higher, it is a more serious theft crime.
Retailers report that shoplifting has a significant effect on their bottom line, stating that about 0.6% of all inventory disappears to shoplifters. In 2001, it was claimed that shoplifting cost US retailers $25 million a day. Observers believe that industry shoplifting numbers are over half of by employee theft or fraud and the rest by patrons. Of course, if apprehended during the shoplifting, the merchandise is generally recovered by the retailers and there is often no loss to the store owner when the merchandise is surrendered to the store by the suspects. In addition, in many states retailers have the right to recover civil damages to cover the cost of providing security.
According to a December 23, 2008 article in the Pittsburgh Post-Gazette, Dimperio's Market, the only full service grocery store in the Hazelwood neighborhood of Pittsburgh, Pennsylvania, is closing because of shoplifters.
Legal Aspects
Shoplifting is considered a form of theft and is subject to prosecution.
In the state of California, and in most cases the rest of the United States, store employees and managers have certain powers of arrest. Store officials may detain for investigation (for a reasonable length of time), the person who they have probable cause to believe is attempting to take or has unlawfully taken merchandise. At the very least, staff usually have citizen's arrest powers.
Title 13, Chapter 5, of the California Penal Code Section 490.5(f)(1) allows an employee to detain a suspected shoplifter for a reasonable amount of time.
Generally, in the United States, the store employees who detain suspects outside of and inside the store premises are allowed by state statute limited powers of arrest and have the power to initiate criminal arrests or civil sanctions, or both, depending upon the policy of the retailer and the state statutes governing civil demands and civil recovery for shoplifting as reconciled with the criminal laws of the jurisdiction.
Retailers in the United States may have the authority under state laws to request Civil Recovery Demands (Shoplifting).
Anti-shoplifting options
Shoplifting may be prevented and detected. Both options contribute to sound strategies.
Closed circuit television
Closed-circuit television (CCTV) monitoring is an important anti-shoplifting technology. Retailers focusing on loss prevention often devote most of their resources to this technology. Using CCTVs to apprehend shoplifters in the act requires full-time human monitoring of the cameras. Sophisticated CCTV systems discriminate the scenes to detect and segregate suspicious behaviour from numerous screens and to enable automatic alerting. However, the attentiveness of the surveillance personnel may be threatened by false reliance on automatics. CCTV is more effective if used in conjunction with electronic article surveillance (EAS) systems. The EAS system will warn of a potential shoplifter and the video may provide evidence for prosecution if the shoplifter is allowed to pass checkout points or leave store premises with unbought merchandise.
Electronic article surveillance
Electronic article surveillance (EAS) is second only to CCTV in popularity amongst retailers looking for inventory protection. EAS refers to the security tags that are attached to merchandise and cause an alarm to sound on exiting the store. Regularly, even when an alarm does sound, a shoplifter walks out casually and is not confronted if no guards are present. This is due to the high number of false alarms, especially in malls, due to "tag pollution" whereby non-deactivated tags from other stores set off the alarm. This can be overcome with newer systems and a properly trained staff. Some new systems either do not alarm from "tag pollution" or they produce a specific alarm when a customer enters the store with a non-deactivated tag so that store personnel can remove or deactivate it so it does not produce a false alarm when exiting the store. However, with tags that are stuck onto merchandise with glue (rather than being superimposed on) the shoplifter can easily scrape off the tag in their pocket. If a storm alarm goes off when someone leaves the store, it does not give the right for a store owner or security to search or detain a shopper.
Loss prevention personnel
Loss prevention personnel will patrol the store acting as if they are real shoppers. They may try on merchandise and browse the racks, all the while looking for signs of shoplifting and looking for possible shoplifters. Many large retail companies use this technique, and will watch a shoplifter conceal an item then stop them after they have exited the store. These types of personnel must follow a strict set of rules because of very high liability risks. Many big retail or grocery stores like Wal-Mart, Rite Aid, Zellers, Loblaws, etc. have a loss prevention officer to keep an eye out for shoplifters. Most of these stores use secret codes to alert management, LPs and associates of shoplifters. LP is a very crucial job in that they act as an ordinary shopper and have to follow the suspects all around the store by foot or by joining the cameras, and watch every move the person makes so that they don't face a lawsuit for apprehending the wrong person.
Uniformed guards
The presence of uniformed guards acts as a deterrent to shoplifting activity and they are mostly used by high-end retail establishments. However they are also used in stores like Target and Wal-Mart.
Exit inspections
Shoppers in some stores are asked when leaving the premises to have their purchases checked against the register tape. Costco and BestBuy are well known companies that employ this tactic.
Brazil
Shoppers in Brazil often have to leave their bags at the door on entering a store, and to receipt inspections when leaving. At popular restaurants called "comida a quilo" (food by the kilogram), it is usual to ask customers to return a "bilhete de liberdade" (liberty ticket) to the doorman. This is handed to the shopper along with the receipt for the customer to return to the doorman at the exit, which is usually only a couple metres away.
USA
In all 50 states, shoppers are under no actual obligation to accede to such a search unless the employee has reasonable grounds to suspect shoplifting, and arrests the customer or takes or looks at the receipt from the customer without violating any laws or if the customer has signed a membership agreement which stipulates that customers will subject themselves to inspections before taking the purchased merchandise from the store. In the cases of Sam's Club and Costco, the contracts merely say that it is their policy to check receipts at the exit or that they "reserve the right". That wording does not specify the results of non-compliance by the customer, and since they did not have a right to re-check receipts in the first place, it may not be legally binding at all. The purchaser who holds the receipt owns the merchandise. Employees who harass, assault, touch, or detain customers or take their purchased merchandise may be committing torts or crimes against the customers.
Close customer service
Floor attendants are instructed to greet, follow, and offer help with customer shopping. Shoplifters are not comfortable with this attention and may go somewhere else where they can work unnoticed.
BOB mirrors
Bottom of basket mirrors are commonly used in grocery stores where the checkout lanes are close together and the cashier might be unable to see the entire basket to ensure payment of all items.
Locked merchandise
Some expensive merchandise will be in a locked case requiring an employee to get items at a customer's request. The customer is either required to purchase the merchandise immediately or it is left at the checkout area for the customer to purchase when finishing shopping. This prevents the customer from having a chance to conceal the item.
Another way of locking merchandise, especially popular in liquor stores, is to place a secure, store-administered hard-plastic cap on a regular bottle top. Once purchased the clerk will remove the cap with a store key. It is not otherwise easily removable.
Many stores also lock CDs and DVDs and Video games in locking cases, which can only be opened by the checkout operator once the item has gone through the checkout.
Dummy cases
Some stores will use dummy cases, also known as "dead boxes", where the box or case on the shelf is entirely empty and the customer will not be given the item they have paid for until the transaction has been completed, usually by other Store staff. Some stores have been known to take this idea further by filling the dummy cases or boxes with a weight, similar to the weight of the actual item by using a weight specially made to fit inside the box. This causes the shoplifter to think that the box is full, trying to steal it and ending up with nothing. This is especially popular in movie rental stores such as Blockbuster. This can, however, cause issues as at these stores the merchandise may not be new as a employee may have taken the merchandise themselves. This is rather problematic at stores such as GameStop.
Personnel policy
The choice of store and security personnel can strongly affect the ability of shoplifters to succeed. All personnel must be trained in the techniques shoplifters use to steal merchandise and the proper actions to take.
Test shoppers
Test shopping is a strategy to test the detection means in a shop. Subject of testing is primarily the alertness of surveillance staff and of the staff operating in the shopping areas.
Notable cases
In 1897, accused murderer, Lizzie Borden again got media attention when she was accused of shoplifting.
In 1990 Major League Baseball umpire Bob Engel was caught stealing over 4,000 Score baseball cards from a Target store in Bakersfield, California. He pled guilty and resigned as an umpire.
In 2001, actress Winona Ryder was arrested for shoplifting at Saks Fifth Avenue department store in Beverly Hills, California. Ryder was eventually convicted of misdemeanor theft and vandalism and will be eligible for expungement of the conviction after finishing probation. Ryder was originally convicted by a jury of felony larceny/vandalism and was sentenced in a nationally televised California Superior Court proceeding in December 2002.
In 2003, Will & Grace actress Shelley Morrison (who played Rosario Salazar) was arrested for shoplifting at a Robinsons-May store in California; the charges were later dropped.
In early 2006, former White House aide Claude Allen was arrested for an alleged return scam at a Target store in Gaithersburg, Maryland.
In August 2010, Rudy Giuliani's daughter Caroline was arrested for stealing five beauty items worth about $100 from a Sephora store in Manhattan. She was later offered a dismissal in return for a day of community service and six months without a further offense. Ironically, Rudy Giuliani - a former Republican candidate for President, former Mayor of New York City, and former United States Attorney - is known in the law enforcement community for being a proponent of zero tolerance, where police are told to arrest petty criminals as a way to deter major crimes.
In April 2011 Cincinnati Reds pitcher Mike Leake was caught shoplifting $59 worth of apparel from a Macy's store in downtown Cincinnati, Ohio.
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Minnesota Shoplifting / Theft Laws
Being accused of shoplifting or a theft crime can be a real wake up call. You may have made a big mistake or had a lapse in judgement that you seriously regret. Or you may be completely innocent! Cases of mistaken intenions happen all the time.
Under Minnesota law, theft offenses are extremely varied. You may have walked out of a store without paying or you might be accused of deceiving someone for monetary gain. Theft & Shoplifting Laws in Minnesota
There are numerous acts that constitute theft. If you do any of the following you could be charged with this offense:
- Intentionally take, use, transfer, conceal, or retain possession of property of another without consent and with the intention of depriving the rightful owner of possession,
- Obtaining possession, title, or services through false representation
- Obtaining property or services from another by trick or swindle
- Finding lost property and failing to attempt to find the right owner and surrender the property
- Intentionally obtaining property out of a money operated machine without depositing money
- Converting a trade secret or article representing a trade secret to your own use
- Renting or leasing property with the intent to obtain unlawful permanent possession
- Altering or removing identification numbers on property with the intent to prevent identification of rightful owner
- Stealing cable through unauthorized connections
- Diverting corporate property for use not in accordance with general business purposes
These examples are just a portion of those that are considered “theft” under Minnesota law.
How you are charged and sentenced depends on many factors and the circumstances surrounding the alleged offense. Obviously the value of the property or services plays a big role but so does the manner in which it was taken.
There are many exceptions to the following possible sentence impositions.
Shoplifting/Theft Penalties in Minnesota
If the value of the property or services is more than $35,000 or the property is a firearm, you will face felony charges and a potential sentence of up to 20 years in prison and $100,000 in fines.
If the value is greater than $5,000 but less than $35,000 or the property is a trade secret or explosive, you will also face felony charges and up to 10 years in prison with fines reaching $20,000.
If the value of the property or services is more than $1,000 and less than $5,000 you will face up to 5 years in prison and fines of $10,000.
If the value is between $500 and $1,000 your charge will likely be a gross misdemeanor and your potential sentence could reach up to one year in jail and $3,000 in fines.
Any cases involving property or services valued at less than $500 is a misdemeanor and punishable by up to 90 days in jail and fines of up to $1,000.
Ref: Minnesota Statutes §609.52
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Burglary vs. Robbery
Although you may say, "I’ve been robbed," by definition, you may actually have been "burgled." Read the about the different terms below to learn more.
Robbery
Robbery is the taking or attempting to take something of value from another person by use of force, threats or intimidation. It is committed in the presence of the victim. Robbery is commonly known as a "holdup" or a "stickup" (i.e. bank robbery or mugging).
Robbery is usually divided into different ‘degrees’. The degrees vary by state and can also depend on whether a weapon or something that appears to be a weapon was present and/or if an accomplice was present. Any degree of robbery is considered a felony by law.
You might also hear the term ‘aggravated robbery’. If a suspect makes a victim believe that he has a deadly weapon by showing a weapon, saying he has a weapon or displaying something that appears to be a weapon, it is aggravated robbery.
Again, the definitions and degrees of robbery vary from state to state. Consider contacting a legal advisor or a police officer in your area if you would like to learn more about the legal definitions in your jurisdiction.
Burglary
Burglary is the unlawful entry of a ‘structure’ to commit a felony or a theft. Burglary is commonly known as a "break in," or, "breaking and entering." A ‘structure’ is usually in reference to physical buildings but not cars. Car break-ins or thefts are considered larcenies.
Burglary does not necessarily translate to damage. It is still considered burglary if someone enters through an unlocked door or window with the intent to commit a felony or theft. This is called ‘non-forcible entry’.
‘Forcible entry’ is when windows and doors are broken or forced; screens, walls or roofs are broken; tools are used; locks are picked, etc. You might also hear about ‘attempted forcible entry,’ which is when a burglar attempts to enter but is frightened off.
Again, the definitions of burglary vary from state to state. Consider contacting a legal advisor or a police officer in your area if you would like to learn more about the legal definitions in your jurisdiction.
Larceny
Larceny is similar to burglary. The major difference between the two is that the perpetrator did not illegally enter a structure by using forcible, non- forcible or attempted forcible entry (with the exception of a motor vehicle.)
All thefts of motor vehicles or from motor vehicles (parts, accessories, personal property) are considered larcenies whether the vehicle was locked or unlocked.
Along with motor vehicle theft, larcenies can include purse snatching, shoplifting, theft of any bicycle, fraud, embezzlement, identity theft, forgery, con games, etc.
You might have heard of ‘grand larceny’. In the U.S., this is usually defined as stealing an amount valued at $200 or more. There is also ‘petit (petty) larceny’, which is a smaller amount stolen.
Again, the definitions and degrees of larceny vary from state to state. Depending on the degree of larceny, the penalties may range from a misdemeanor to a felony. Consider contacting a legal advisor or a police officer in your area if you would like to learn more about the legal definitions in your jurisdiction.
Theft, larceny and loss of personal property may not be covered under certain insurance policies. Be sure to read your policy carefully.
Theft
Legally, theft is often synonymous with larceny. Again, the definitions vary from state to state and jurisdictions. Consider contacting a legal advisor or a police officer in your area if you would like to learn more about the legal definitions in your jurisdiction.
Theft, larceny and loss of personal property may not be covered under certain insurance policies. Be sure to read your policy carefully.
Extortion
Sometimes viewed under the category of theft or larceny, extortion is when a person forces another person to do something against his will (usually give up money) by threat of violence, property damage, extreme financial hardship or damage to the person's reputation. Blackmail is a type of extortion. Racketeering is also often linked to extortion.
In robbery, the offender steals from the victim by immediate threats and force. In extortion, the victim willingly hands over personal property in order to avoid future damage or violence.
Investigation Differences
Robbery
The main part of the investigation will be about the identification of the perpetrator or the person who committed the robbery. If you or a family member has been robbed, the police will ask you questions about the offender. They may ask you to describe the perpetrator’s clothing, age, height, weight, hair color and other distinguishing factors. You may be also asked to repeat anything the perpetrator said, what kind of car he/she was driving and in which direction he/she was headed.
This may be a difficult time but understand that correctly naming characteristics and information may help the police in their investigation.
Police investigations vary depending on the case and jurisdiction. Consider contacting a legal advisor or a police officer in your area if you would like to learn more about the investigation procedures in your jurisdiction.
Burglary
The main part of the investigation pays close attention to the breaking and entering areas, such as the entry and exit points. They may dust for fingerprints, take pictures and ask you questions about the burglary.
This may be a difficult time but understand that information may help the police in their investigation.
Police investigations vary depending on the case and jurisdiction. Consider contacting a legal advisor or a police officer in your area if you would like to learn more about the investigation procedures in your jurisdiction.
Larceny and Theft
There are many different types of larceny-thefts. Therefore, each investigation will focus on different areas. If you were a victim of a purse snatching you may be asked questions about the offender’s age, weight, height. If you were a victim of identity theft, you might be asked about your credit card activity and bank statements.
Police investigations vary depending on the case and jurisdiction. Consider contacting a legal advisor or a police officer in your area if you would like to learn more about the investigation procedures in your jurisdiction.
Extortion
Extortion investigations would focus on the person or persons involved in the crime. Corporations and/or individuals, along with business activities, records and important documents, may be under investigation.
Police investigations vary depending on the case and jurisdiction. Consider contacting a legal advisor or a police officer in your area if you would like to learn more about the investigation procedures in your jurisdiction.
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609.245 AGGRAVATED ROBBERY.
Subdivision 1.First degree.
Whoever, while committing a robbery, is armed with a dangerous weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or inflicts bodily harm upon another, is guilty of aggravated robbery in the first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both.
Subd. 2.Second degree.
Whoever, while committing a robbery, implies, by word or act, possession of a dangerous weapon, is guilty of aggravated robbery in the second degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both.
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609.24 SIMPLE ROBBERY.
Whoever, having knowledge of not being entitled thereto, takes personal property from the person or in the presence of another and uses or threatens the imminent use of force against any person to overcome the person's resistance or powers of resistance to, or to compel acquiescence in, the taking or carrying away of the property is guilty of robbery and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
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Loss Prevention Alert
Coming Soon!
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This website contains, in various sections, portions of copyrighted material not specifically authorized by the copyright owner. This material is used for educational purposes only and presented to provide understanding or give information for issues concerning the public as a whole. In accordance with U.S. Copyright Law Title 17 U.S.C. Section 107, the material on this site is distributed without profit. More Information
Information presented based on medical, news, government, and/or other web based articles or documents does not represent any medical recommendation or legal advice from myself or West Saint Paul Antiques. For specific information and advice on any condition or issue, you must consult a professional health care provider or legal advisor for direction.
I and West Saint Paul Antiques can not be responsible for information others may post on an external website linked here ~ or for websites which link to West Saint Paul Antiques. I would ask, however, that should you see something which you question or which seems incorrect or inappropriate, that you notify me immediately at floyd@weststpaulantiques.com Also, I would very much appreciate being notified if you find links which do not work or other problems with the website itself. Thank You!
Please know that there is no copyright infringement intended with any part of this website ~ should you find something that belongs to you and proper credit has not been given (or if you simply wish for me to remove it),
just let me know and I will do so right away.
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Website Terms and Condition of Use Agreement
also known as a 'terms of service agreement'
By using this website, West Saint Paul Antiques . Com, you are agreeing to use the site according to and in agreement with the above and following terms of use without limitation or qualification. If you do not agree, then you must refain from using the site.
The 'Terms of Use' govern your access to and use of this website and facebook pages associated with it. If you do not agree to all of the Terms of Use, do not access or use the website, or the facebook sites. By accessing or using any of them, you and any entity you are authorized to represent signify your agreement to be bound by the Terms of Use.
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It saddens me to include a Terms of Use for West Saint Paul Antiques . Com, but we all realize it is something that is necessary and must be done these days. By using the website, or facebook for West Saint Paul Antiques, you represent that you are of legal age and that you agree to be bound by the Terms of Use and any subsequent modifications. Your use of the West Saint Paul Antiques sites signify your electronic acceptance of the Terms of Use and constitute your signature to same as if you had actually signed an agreement embodying the terms.
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