Stores selling consumer goods take shoplifting seriously. Each time an item “walks” out of the door without payment, the store loses money and gains a reputation for criminal activity. A variety of high-tech theft prevention devices, like cameras and RFID detectors, have reduced the regularity of shoplifting. These advances have helped, but many stores still use the original theft deterrent – security guards.
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Security guards, also known as theft prevention officers, introduce a human element to the struggle of stopping shoplifters. Unlike cameras, humans often act with emotion, abusing their power and the rights of others. This brings up an intriguing question: How much power do they have? Can store security guards stop suspected shoplifters? The answer is yes, under certain circumstances.
Shoplifting in Texas: An Overview
Shoplifting is defined as deliberately taking items from a store with the intention of not paying for the item. In Texas, theft crimes are classified based on the value of the stolen item, with shoplifting charges typically being classified as misdemeanors. When the value of an shoplifted item exceeds $1,500, you can be charged with a state jail felony. For major shoplifting sprees with items valued over $200,000, you can be charged with a first-degree felony.
The charges for theft of goods can be enhanced by a variety of conditions. Previous convictions and using a firearm will all raise the severity of punishment. Shoplifters caught using tools to defeat a theft deterrent device or security alarm will also face enhanced levels of punishment.
Power of a Security Guard in Texas Shoplifting Situations
Texas law grants security guards certain authorities when it comes to shoplifting. This includes the right to make a citizen’s arrest under specific circumstances. Let’s explore these details further to understand when can security guards stop suspected shoplifters and what rights do shoppers have.
Citizen Arrest Power Explained
Security guards, like other citizens in Texas, can make a citizen’s arrest for shoplifting if they witness the theft firsthand. This means they have the legal right to detain you until the police arrive. However, it’s important to remember that this power comes with limitations.
Understanding the Limits of Security Guard Power
Texas Penal Code Article 18.16 outlines a citizen’s right to prevent the consequences of theft, which includes shoplifting. Here’s a relevant excerpt from the law:
"Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay."
This law clarifies several key points:
- Security guards can only detain you if they have “reasonable ground to believe” the property was stolen. They can’t base a detention on just suspicion. This means they should have witnessed some evidence of shoplifting, such as seeing you conceal merchandise or tamper with price tags.
- The detainment must be “openly made” and “proceedings had without delay.” In simpler terms, the security guard should identify themselves and clearly explain why they are detaining you. They should also hold you for a reasonable amount of time until the police arrive.
What to Do During a Security Guard Detention
Being detained for suspected shoplifting can be a stressful experience. It’s important to know your rights and how to respond calmly. Here are some key points to remember:
Right to Remain Silent
You have the right to remain silent and not answer any questions from the security guard. It’s best to politely decline to answer and request to wait for the police.
- Example of What to Say: “I understand you believe I shoplifted, but I’d prefer to wait for the police to arrive before answering any questions.”
- What to Avoid: Don’t feel pressured to explain yourself or discuss the situation in detail. Saying things like, “I didn’t steal anything” or offering explanations might be misconstrued as an admission of guilt.
Right to a Lawyer
You also have the right to request a lawyer at any point during the detention.
- Example of What to Say: “I would like to exercise my right to speak with a lawyer.”
- What to Avoid: Don’t wait for the security guard to offer you a lawyer. Be clear and direct about your request.
Stay Calm and Polite
Even though the situation might be stressful, it’s important to remain calm and polite. Avoid arguing or becoming belligerent with the security guard.
- Example of What to Say: “I understand I need to cooperate, but I would appreciate it if you could explain why I’m being detained.”
- What to Avoid: Don’t become angry or accusatory towards the security guard. This will only escalate the situation.
Understanding Your Rights and Next Steps
If you’re unsure about your rights or believe a security guard has overstepped their authority during a shoplifting detainment, consulting with a lawyer who specializes in shoplifting cases can be beneficial. An attorney can advise you on the specifics of your situation and help ensure your rights are protected.
Answers to Your Shoplifting Questions
What Should Someone Who Has Been Accused Of Shoplifting Do?
First, it is important that you remain calm, and don’t say anything that could be used against you later on. Also, keep in mind that the store owner or security guard only have the right to detain you if they have probable cause that you have stolen something, but they do not have any right to use excessive force. As soon as possible, call an experienced shoplifting attorney. After you’ve made the call, cooperate politely and wait for your attorney to arrive.
Is it Possible to be Arrested for Shoplifting if You Don’t Leave the Store?
According to Texas law, a retailer may claim someone intended to steal an item if it is hidden in a backpack or concealed in a way that makes it obvious it is hidden.
Employees and security guards often wait for a suspect to leave the store before approaching them because it is easier to prove theft after they leave the premises. However, to prove intent to shoplift, a person does not need to leave the store.
How Can I Clear a Shoplifting Charge From My Record in Houston?
Shoplifting charges in Houston can be cleared in two ways. An experienced shoplifting attorney can assist you in deciding which option is best for your case.
In order to qualify for Deferred Adjudication you must enter a guilty plea to the shoplifting charge, and in exchange you will be placed on probation for six months to a year. The process will seal your records from everyone except the government and law enforcement.
Pretrial Diversion is the only way to have your case dismissed completely. If the District Attorney accepts your application, you will work extra hours of community service and sign an agreement with a zero-tolerance policy for breaking the law.
Get Help From A Shoplifting Attorney in Houston
As the most experienced shoplifting attorney in Houston, the Lisa Shapiro Strauss law firm will work to protect your rights and clear your record. As part of public record, future employees can see your shoplifting charge. There are two ways to clear your record, deferred adjudication and pretrial diversion, and our Houston shoplifting attorneys have the expertise to pick the best option for your case. In addition, we will consider all the facts surround your interaction with store security. Abuse of power is common, and we work hard to protect your rights. Call the office of Lisa Shapiro Strauss to speak with our attorney team.
