Can a store security guard arrest you or search your belongings? Here’s what Ohio law says
In 2022, Ohio retailers lost $2,112,726,640 in merchandise to shoplifters, according to the U.S. Chamber of Commerce.
More than half of small business owners reported an increase in retail theft. In fact, the National Retail Federation said the average shrink rate (or loss of merchandise) increased from 1.4% in 2021 to 1.6% in 2022.
But, Ohio’s losses didn’t end there. More than $3.9 billion was devoted to squashing retail crime via security and anti-theft devices and the state lost more than $449 million in tax revenue.
The increase in theft and the security to prevent it impacts your shopping experience, from the $10 tube of lipstick locked up and requiring store assistance to buy to the receipt checker who stops you as you exit.
If you’ve ever wondered what theft prevention entails and how much of it you have to tolerate, here are a few answers.
When it comes to shoplifting, what authority does a store actually have?
According to Ohio law, a store owner or employee can take a shoplifter into custody and detain them until law enforcement arrives, if they have witnessed or detected the crime.
The law says the merchant or security officer must have probable cause. They also have to “detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.”
Security guards act as representatives of the store owner. They can ban you from entering and call authorities if you trespass after being banned. In places like Costco or Sam’s Club, they can revoke your membership.
Since the store employee is not law enforcement, you do not have to tell them your name, address or any other contact information, according to Andrew Williams, a criminal defense attorney. You can request a lawyer at any time. Once law enforcement shows up, you are required to share your identity.
Can a store security guard arrest you?
Yes, but they must witness the crime, not merely suspect you are guilty.
The arrest is considered a citizen’s arrest, according to private security company NSG. In other words, the guard has as much right to arrest you as you have to arrest them.
Since 1953, Ohio law has said anyone can make an arrest and detain a person for a felony until a warrant can be obtained. In a citizen’s arrest, they can detain you until law enforcement is called and arrives to handle the situation.
Shoplifting jumps from a misdemeanor to a felony if the value of the merchandise is at least $1,000.
Before arresting someone, the store security guard or employee must “inform the person to be arrested of the intention to arrest him and the cause of the arrest,” according to Ohio law.
If the crime is in progress, the arresting person does not have to tell the accused person why they are being arrested.
The arresting person is also required to immediately file an affidavit describing the incident and why you were arrested.
A security guard has as much right as any person on the street. They can defend themselves if you attack, but cannot use force to detain you.
In some states, a guard is also prohibited from taking you to the police station. That would essentially be considered kidnapping.
But, Ohio law says any person making an arrest “shall forthwith take the person arrested before the most convenient judge or clerk of a court of record or before a magistrate, or deliver such person to an officer authorized to execute criminal warrants who shall, without unnecessary delay, take such person before the court or magistrate having jurisdiction of the offense.”
Can a store security guard or employee detain you if they suspect, but haven’t witnessed you shoplifting?
If your actions trigger any form of theft detection device, the store owner or employee has enough probable cause to detain you. Most states give business owners “merchant’s privileges,” allowing retail stores to detain you with probable cause for a reasonable amount of time (which is until law enforcement arrives after immediately being called), according to Jennifer Corbett of LegalMatch.
According to the law, detaining a shoplifter “does not render such law enforcement officer, merchant or merchant’s employee criminally or civilly liable for false arrest, false imprisonment, unlawful detention, malicious prosecution, intentional infliction of emotional distress or defamation.”
If theft detection has not identified a crime, the store employee can ask for your compliance, but not demand it. If there is no surveillance or witness to the suspected crime, they cannot perform a citizen’s arrest or even attempt to detain you. Remember, the merchandise has to be worth more than $1,000 for security to arrest you.
If the stolen merchandise is under $1,000 or the crime is not witnessed, the merchant or employee can press charges and provide a description to law enforcement. But without proof, it’s their word against yours and it leaves the business vulnerable to lawsuits.
Can a store security guard search your belongings?
No, especially if you have not left the store. You have to give permission. In fact, law enforcement would need probable cause to search your things.
Probable cause is the “reasonable belief” that a person has committed a crime, said Corbett. The belief has to be based on evidence, not just a suspicion.
Do you have to comply with a store receipt checker?
No, you do not. If the checker suspects a crime, they can report it to their loss prevention officers and provide a description. If surveillance cameras have any evidence of the suspected crime, loss prevention can call in authorities and file a report.
If the checker witnessed you stealing, they have as much authority as a security officer or citizen to arrest or detain you.
This story was originally published November 29, 2023 at 5:20 PM.
