• Home
  • Security Consultant
  • Expert Witness
  • Articles
  • Podcast
  • Media Interviews
  • Contact

Crime Doctor

Making Places Safe

Shoplifting False Imprisonment – Lawful Detention or False Imprisonment?

January 30, 2023 Chris McGoey

Shoplifting false imprisonment is defined as the unlawful restraint of a retail theft suspect that affects their freedom of movement. Usually, this involves confining a person within fixed boundaries like an office or room. Both the threat of being physically confined and actually being physically confined can be considered false imprisonment if the suspected shoplifter is not free to leave.

Uniformed security officers sometimes give the impression that they are operating under some color of authority and that customers must comply with their demands. The laws vary based on the jurisdiction and a situation may dictate what is reasonable cause or restraint or confinement, under the circumstances.

Shoplifting False Imprisonment: Elements

The elements of this crime are that the restraint or confinement must be unlawful and actually restrict the person’s freedom of movement. Detaining and handcuffing a customer and transporting them to some backroom without reasonable cause could be considered false imprisonment. Less obvious false imprisonment is when a store manager or security officer directs a customer to go to a bounded area to question them about a suspicious credit card or check transaction without reasonable cause and they believe that they are not free to leave.

Some retailers misinterpret the state merchants’ statute and believe they can detain a customer for almost any rule infraction while they collect the person’s identification, fill out trespass forms, or take their photographs. For example, detaining a customer in an office for refusing to stop for an exit bag check or after a door sensor (EAS) alarm could be deemed as false imprisonment without reasonable cause to suspect that they had stolen anything. See my article on Shoplifting: Probable Cause.

Shoplifting False Imprisonment: Consent is a Defense

If a customer consents to an exit bag check or to a meeting in the manager’s office, it is not considered false imprisonment unless that consent is later revoked by the customer. For example, that voluntary meeting can change to confinement if the exit to the room is repeatedly blocked by the store manager who wants to keep the customer detained until the police arrive. A customer must always be free to go unless lawfully detained.

Shoplifting False Imprisonment: Employees Falsely Imprisoned

Employees can be falsely imprisoned too if questions about suspicion of employee theft turn into an interrogation and they are prevented from leaving the room. The denying simple employee requests to use the bathroom, get water, or make a phone call could be construed as imprisonment especially if they are not being charged with any crime. It could also be considered false imprisonment if the employee interrogation continues for an excessively long period of time under the veiled threat of being arrested if they don’t confess to the loss or sign a false confession.

Learn More about Premises Liability Litigation

Download 113-page eBook written by Security Expert Chris E. McGoey

  • Security Expert’s Guide to Premises Liability Litigation
  • Evaluating Crime Foreseeability and Inadequate Security Cases
  • Biography of Chris E. McGoey
  • Testimonials from a few clients
  • Speaking Engagements
  • Media Interviews
  • Premises Liability Litigation Book
  • Retain Chris as a Security Expert Witness
  • Chris McGoey Blog Article Index
  • Crime School Podcast Episode Index

Contact Security Expert Chris E. McGoey

Jonesborough, Tennessee

951-461-8950

Chris@CrimeDoctor.com

Premises Security Expert; Premises Liability Security Expert; Service area: Eastern and southern USA, Tennessee, North Carolina, South Carolina, Virginia, West Virginia, Missouri, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, Georgia, Alabama, Arkansas, Mississippi, Louisiana, Florida. After 39 years of serving California, Nevada, Arizona, Washington.

Tagged With: loss prevention, shoplifting

About Chris McGoey

My biography spans 53 years of studying, evaluating, and developing security plans worldwide. I'm a habitual skeptic, a chronic people watcher, a golf fanatic, and a relentless traveler.
Email | Twitter

Related Posts You May Like

  • Security Guards Excessive Force – During a Retail Shoplifter Detention
  • Shopping Center Trespassers – How to Warn Detain or Arrest Trespassers
  • Retail Loss Prevention – Profession and Practices to Preserve Profit
  • Shoplifting Facts – What Does Theft at Retail Stores Really Cost Us?
  • Shoplifting Probable Cause – 6 Steps to Reduce False Arrest Claims
  • Shoplifting Detention – How Retail Stores Detain a Suspected Shoplifter?

Premises Liability eBook

Premises Liability Book

Podcast Reviews

  • Great information and insight
    June 13, 2018 by djpoland from United States

    I have been listening to this podcast now for several months. It is one of the best sources of information concerning crime, security, and ways of making your home and business safe. Keep up the good work. Thank you for all you do to help so many people. DJ in Scottsburg, IN

  • Interesting, provocative, relevant and riveting
    July 29, 2017 by Lindapre from United States

    This is a very valuable service and I appreciate this high level of expertise to keep me knowledgeable, safe and sound. Everyone should subscribe and stay well-informed. Thanks Chris!

  • 10 reasons why burglars might choose your home
    July 28, 2017 by binwoodside from United States

    I am not one of those people who believes there is a bad guy behind every bush but Chris offers good advice that can be very useful to all of us. His tips can prevent us experiencing a home robbery due to our own carelessness. It amazes me that people use social media to advertise their absence from their homes. There are plenty of other points of carelessness Chris describes that also advertises to burglars. His voice is easy to understand and listen.

  • Educational eye-opening strategies for crime prevention
    October 22, 2015 by taylor826 from United States

    He pretty much covers the gamut of high-risk scenario from personal safety to commercial property security. He provides insights to how criminals could perceive potential victims as vulnerable. I don't own commercial property or a business, but the security best practices he outlines which mitigate potential crimes in multiple industries, also increases my awareness to avoid such businesses/locations that don't implement those policies. You don't want to be in the wrong place at the wrong time.

  • Excellent content
    July 1, 2015 by Ken Burgin from Australia

    Chris has been the ‘crime doctor’ for many businesses over the years - not much he hasn’t seen and fixed! Great to have his expertise coming to us directly through his podcast interviews. Highly recommended!

  • Crime School Radio is a Winner!
    June 18, 2015 by Liquor License Advisor from United States

    As a security expert, Chris McGoey was and continues to be a trailblazer. First, his informative website and book. Now this convenient, cutting-edge and educational podcast. Chris has an uncanny knack for knowing just what the world needs. With this show, he delivers vital information on safety and security in plain language that everyone can benefit from.

  • Helpful Content for Retail and LEO
    May 21, 2015 by StandardOfTruth from United States

    Chris is an industry expert with real world experience. It is also refreshing to hear a security podcast with crystal clear audio and presented in a professional way.

  • Fantastic! Informative and relevant.
    May 13, 2015 by isntrocketscience from United States

    I have seen Chris McGoey several times as a security expert on TV so I was curious to hear his Crime School podcast. As expected the podcast provides valuable information for keeping us safe and useful ideas for everyday life. I plan to listen to every episode. Keep 'em coming Chris.

  • Home Security Safe Room
    May 13, 2015 by TimInArizona from United States

    Outstanding! Very thorough. I would like to see police departments link to this audio as part of their crime prevention education of their citizens.

  • Great show about crime and loss prevention
    May 12, 2015 by CrimeRx from United States

    A great resource for new and veteran crime prevention practitioners. I have subscribed so I won't miss and episode.

Chris E. McGoey CPP, CSP, ICPS, CAM
McGoey Security Consulting
Jonesborough, Tennessee
951-461-8950
Chris@CrimeDoctor.com

Copyright © 2023 - Aegis Books, Inc and Chris E. McGoey - All Rights Reserved -

Terms of Use  |  Disclaimer  |  Privacy Policy