Falsely Accused of Shoplifting? Understanding Shopkeeper's Privilege in Pennsylvania

If you’ve been detained by a store employee for any reason, it’s both embarrassing and annoying.  Can they do that?  Is it legal and if so, when does it become unlawful?  What are the rights of store owners when it comes to detaining suspected shoplifters?

What is Shopkeeper's Privilege?

Shopkeeper's privilege is a legal doctrine that allows store owners or their employees to detain an individual they reasonably reasonably suspect of shoplifting. This privilege is based on the idea that store owners have a reasonable interest in protecting their merchandise and property from theft.

In Pennsylvania, shopkeeper's privilege is recognized under common law, and codified in the crimes code.  Under Section 3929(d) of the PA Crimes Code, loss prevention store representatives who have probable cause to believe you engaged in a retail theft may detain you to confirm your identity and recover merchandise. Store owners must exercise this privilege within certain boundaries to avoid potential legal consequences.

Detaining Suspected Shoplifters

If a store owner or employee suspects a shopper of committing retail theft, they must have reasonable grounds for believing that shoplifting has occurred. It's important to remember that mere suspicion or a hunch is not enough to justify detaining someone. The suspicion must be based on specific observations or evidence, such as witnessing the individual concealing merchandise or attempting to leave the store without paying for items.

When detaining a suspected shoplifter, store owners must act in a reasonable manner and use only the necessary amount of force to detain the individual. Excessive force or unnecessary restraints could lead to potential legal liabilities for the store owner.

What Store Owners Can Do

If a store owner wishes to detain a suspected shoplifter, they should follow these steps:

1. Observation: The store owner or employee should observe the suspected shoplifter's actions and behaviors to gather evidence of shoplifting.

2. Approach: Approach the individual in a non-confrontational manner and inform them of the suspicion. It's essential to remain calm and professional during the interaction.

3. Detainment: If there is reasonable suspicion, the store owner can detain the individual in a reasonable and safe manner while investigating the situation.

4. Contact Authorities: Contact local law enforcement as soon as possible to report the incident and have them handle the situation. Store owners should not take matters into their own hands beyond detaining the individual.

Unlawful Detainment and Reasonableness

Like all rights, the shopkeeper’s privilege has its limits. That limit usually comes down to what is reasonable under the circumstances. If the store detains someone for a long period of time without contacting the police, a false imprisonment claim may be the result. In addition, if the store puts the person under any physical restraints or keeps them in a locked room for a significant amount of time, this can also play into the claim. The detained person still has rights, no matter what suspicions they may be under from the store and its employees, such as the right against unlawful search and seizure.

False Imprisonment Claims

To successfully collect from a false imprisonment lawsuit, the plaintiff must meet the following elements:

• That the store (or an agent/employee) intended to detain the individual

• That you were actually detained in boundaries not of their choosing,

• That the person was aware that they were being detained against their will

• A causal link

The detainment does not necessarily need to be physical, it can be through threatening words or body language. These cases, of course, are fact specific and vary case to case. Many times, a false imprisonment claim comes down to what the individual believed at the time and whether or not their beliefs and the detainment was reasonable. If the circumstances suggest that store’s actions were not reasonable, this is when an individual should seek legal help.

Seek Legal Help

Because false imprisonment cases are so fact specific, you will probably need the help of a false imprisonment or civil rights attorney to help determine if you have a valid claim. This is especially important if you are looking to file a suit against a big corporation, as they have huge resources and hired legal help of their own. Contact the experienced attorneys at Fiffik Law Group to protect your rights and advocate for you every step of the way.