Chicago Criminal Lawyer Blog
In retail settings, incidents of suspected shoplifting are not uncommon, and how they are handled can significantly vary from one store to another. Customers often wonder about their rights and whether a store employee can legally prevent them from leaving the premises on suspicion of shoplifting. Let’s now explore the legal boundaries and responsibilities of both store employees and customers under such legal circumstances.
Legal Framework Surrounding Detainment for Shoplifting
Store owners and their employees have a certain amount of legal protection under what is generally known as the “shopkeeper’s privilege.” This privilege allows them to detain suspected shoplifters on the store premises for a reasonable amount of time, provided they have probable cause to believe that shoplifting has occurred. The key elements here are “probable cause” and “reasonable amount of time,” both of which must be clearly justified to avoid potential legal consequences such as claims of false imprisonment or harassment.
