Can I apprehend a suspected shoplifter?

Q. What are my rights as a retailer in holding a shoplifter or a customer I suspect has stolen merchandise from my store?

A. Although state law allows you to make an arrest if you have reasonable cause, apprehending a shoplifter can be physically and legally dangerous. The reality is that a person is not necessarily guilty of shoplifting just because he or she did not pay for certain items. A person is found guilty only if it can be proven that the person intended to steal the item. So you never want to accuse someone of shoplifting without being absolutely sure.

Apprehending a shoplifter also raises two potential concerns: fear of harm or violence to yourself or your employee, and fear of a lawsuit from the person accused of stealing. Again, Michigan laws extend some protection from civil damages to retailers and their agents who use reasonable cause in stopping shoplifters. However, you cannot use unreasonable force, detain the customer for an unreasonable length of time, act with unreasonable disregard of the customer's rights or sensibilities, or act with intent to injure the customer. If a case is filed, a judge will determine if your actions were reasonable.

The best way to avoid problems is to develop a step-by-step plan for handling a shoplifting situation. Then share your plan with all of your employees through a training session, written materials or both. It's also best to run it past your local police or prosecuting attorney's office to make sure you're on firm legal ground.

In addition, the Michigan Retailers Association has published a new booklet, How to Prevent Shoplifting and Employee Theft. It's available free to MRA members; $3 for non-members. Contact MRA's Retha Lachance at 800.366.3699 to obtain a copy.