In the end though, unless they stop you and find the merchandise or have you on video with the stuff outside of the store, there's no proof you stole anything. It's circumstantial which is relatively weak.

Plus, Walmart doesn't prosecute anybody. They hand the evidence over to the police and the the district attorney decides if they want to prosecute. Walmart can file a civil suit which I'm wondering if that's what they actually do. There (as I understand it), they only have to show that you likely stole something vs a criminal case where they have to show beyond reasonable doubt that you stole something. It's a much lower bar.

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pixl97 5 days ago | parent | next [-]

In that sense you're correct.

What Walmart can and does you at the time they file with the state is trespass you. Which counts for all Walmart stores and properties. That's where things like facial identification probably come back in so your caught the moment you walk in a store.

Trespass is very easy to prove.

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qingcharles 5 days ago | parent | prev [-]

From much experience in this, I've never seen Walmart file a civil suit.

They don't technically prosecute anyone, but in the county where I was witness to prosecutions for Walmart shop-lifting they were putting a lot of pressure on the DA office. They would bring a ton of muscle, investigators, attorneys, print outs, DVDs, etc. They would push their prosecutions hard when they wanted to.

	▲	pixl97 5 days ago \| parent \| next [-]
		Walmart is pretty political too. https://corporate.walmart.com/purpose/esgreport/governance/e... >Walmart works with policy makers and public safety officials to ensure we are providing a safe workspace for our associates and a safe, enjoyable shopping experience for our customers. The nature of retail crime varies across our stores and geographies, and includes complex organized retail crime. Walmart works closely with our trade associations to support efforts to pass laws (such as the Combatting Organized Retail Crime Act) that ensure these crimes incur meaningful penalties, and that law enforcement have resources to appropriately prosecute these crimes. Needless to say the can help sway local elections based on how they push certain political figures.
	▲	criddell 4 days ago \| parent \| prev [-]
		If you are on video pushing a cart through the parking lot with the items clearly visible, that could be a pretty strong case. If all they have is a dozen videos where it looks like you are shoving something in your pocket but no other hard evidence, that wouldn't go anywhere in court.