Managing Attorney
Shoplifting – which is treated as theft under Texas law – is one of the most commonly charged offenses in the Houston area and throughout Texas. In a typical shoplifting case, store security or loss prevention officers will detain a person they suspect of shoplifting until police arrive. But are store employees or security guards permitted to detain you after a suspected shoplifting incident? What right do store personnel have to use force?
Can a store detain you if they suspect you of shoplifting?
Texas law recognizes a “Shopkeeper’s Privilege” to detain a person suspected of shoplifting. Under Texas Civil Practice and Remedies Code 124.001, a person who reasonably believes that another has stolen or is attempting to steal property is privileged to detain that person in a reasonable manner and for a reasonable time to investigate ownership of the property. What is “reasonable” is not defined and will be determined on a case-by-case basis.
In Texas, the Shopkeeper’s Privilege has been successfully used by stores to defend civil suits (lawsuits for money) against store owners over claims like defamation or false imprisonment. In a recent case from Austin, for example, a civil suit was dismissed by a judge because a man who was detained at HEB did not state a valid case in light of HEB’s rights under the Shopkeeper’s Privilege.
Can a store use force to detain you if they suspect you of shoplifting? Can a security guard or store employee legally detain you or arrest you for shoplifting?
Although the Shopkeeper’s Privilege only applies to civil cases, a person in possession of property has a limited right to use force to protect property which can be a defense to a criminal charge. Under Texas Code of Criminal Procedure 9.41, a person who is lawfully in possession of property has a right to use non-deadly force as reasonably necessary to stop the other person’s trespass or interference with property or to recover the property (these protections also apply to a third person acting to protect another’s property).
Additionally, a private person who witnesses certain criminal offenses (including shoplifting) and establishes probable cause for that offense has the authority to make an arrest under Texas Penal Code 14.01 (this is sometimes called a “citizen’s arrest”). Texas court have ruled that a security guard or loss prevention officer can validly make an arrest for thefts that they witness and develop probable cause for despite the fact that they are not police officers.
The exact extent of a store’s rights will depend on the facts of a situation, but taken together, the Shopkeeper’s Privilege (which protects against civil suits), the right to use force to protect property (which is a defense to a criminal charge, such as assault), and the right to make a citizen’s arrest, will protect stores from civil and criminal liability for many detentions and minor uses of force against suspected shoplifters. Of course, it is very easy for an employee’s use of force to escalate and that is why many stores have a policy of not chasing or using force against shoplifters.
Although most shoplifting cases filed in the Houston area are filed misdemeanors, the consequences of a conviction can be severe and permanent. However, the right lawyer can help. If you have been arrested for shoplifting anywhere in the Houston area, call Ceja Law Firm today for a free consultation.
