It definitely depends on the state and store policy.

A Walmart in AZ has sent gigantic bouncers after me to detain me on suspicion of shoplifting a $5 bag of cat litter. In my state they are allowed to kidnap/imprison you until police arrive if they have 'reasonable suspicion' you're in the act of shoplifting, so yeah have fun guessing whether the guy with the walmart badge is actually security or just a rapist.

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firefax 3 hours ago | parent | next [-]

OTOH there are four critera for a legal stop -- they need to see you enter without the merchandise, select it from the shelf, conceal it, then walk past the point of sale AND all merchandise. And you have to have an unobstructed view of the person, because if they discard the item you stop them for, you're in for a world of (legal) hurt.

Also many stores have shot themselves in the foot by placing items for sale outside the front doors... thus a shoplifter could claim they just stuck something in their pocket because they forgot they needed a pumpkin and thus needed a cart, or something to that effect.

If you stop someone and can't document these four points, they can challenge the stop, and you're up for a LOT more losses from the unlawful detainment suit.

So basically, they value upselling people at entrances more than limiting liability, and a savvy shoplifter can sue for a lot of money if the store allows reusable bags, since that removes the ability to charge for "concealment" given that by selling Safeway or whatever branded opaque bags, you have implicitly consented to "concealment" of merchandise.

	▲	mothballed 3 hours ago \| parent [-]
		Depends on the state. AZ: >C. A merchant, or a merchant's agent or employee, with reasonable cause, may detain on the premises in a reasonable manner and for a reasonable time any person who is suspected of shoplifting as prescribed in subsection A of this section for questioning or summoning a law enforcement officer. https://www.azleg.gov/ars/13/01805.htm i.e. all they need is reasonable cause to suspect you are shoplifting. When I was detained no one ever saw me steal anything, I openly grabbed the cat litter, scanned it at the machine, paid for it, grabbed the receipt, then refused to show it to the receipt-checker (not about to slow down for that bullshit since it is now my property) so they just sent some dudes out to grab the cart out of my hands.

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goldchainposse 3 hours ago | parent | prev [-]

Anyone can dress like rentacop or Walmart security. Pull out the pepper spray, say "back away," and leave.

	▲	mothballed 3 hours ago \| parent [-]
		I'm not pulling out a weapon unless it is the very last option, but I did not enjoy the prospect of having to mull that decision. In the end I just never shopped at that Walmart again.