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As the holiday shopping season is in full swing, we thought we might take a moment to discuss shoplifting laws. It’s more than possible to accidentally make a move that gets you accused of shoplifting, especially in the era of self-checkouts. 

And right now, shopkeepers are on high alert as US retail theft is said to be soaring. Major retail brands are even threatening to close stores over rampant retail theft. 

In California, shopkeepers do have a right to detain a customer if they have probable cause to believe that person is guilty of shoplifting. 

Rules of Detainment 

The detainment must be for a reasonable amount of time and must be done for the sole purpose of investigating the suspected offense. 

Merchants may also use a reasonable amount of nondeadly force to detain a person, either to protect themselves or to prevent the escape from store property. 

To investigate, the merchant may conduct a search and examine any items the person allegedly tried to take. 

The merchant may only examine items that are in plain view. The merchant may ask the alleged shoplifter to hand those items over. They may search packages, shopping bags, handbags, and any other property in the immediate possession of the detained individual. They do not need a warrant to conduct these searches.

If the merchant finds the stolen item, they may call law enforcement to issue a citation or arrest. 

What to Do if You’ve Been Detained

Remain calm and exercise your right to remain silent. Do not argue with the shopkeeper or give them any ammunition.

If the police arrive, assert your right to remain silent and your right to an attorney, then say nothing at all. Do not argue with the police or fight your arrest. There is nothing you can say or do at this stage to prevent arrest, even if what’s going on is horribly unfair and you’re completely innocent. 

Contact an attorney as quickly as you possibly can. The penalties for shoplifting include up to six months in county jail, probation, fines of up to $1,000, and being required to pay restitution. 

Get Help Today

There are plenty of defenses we can bring to bear in your case if you are accused of shoplifting, particularly if you did not intend to take anything. We will look into all evidence in your case, including any film that the shopkeeper might have.

If you or a loved one is in trouble, don’t delay. Contact us to set up a case review today.

See also: 

Do You Really Need a Los Angeles Criminal Lawyer if You’re Innocent? 

How Does Probation Work in Los Angeles, CA? 

What to Do If You Get Arrested in Los Angeles, CA?