Retail loss prevention questions

Question

First of all just how much power do they have? They seem like mere rent-a-cops to me. What would happen if you were to be rude to one and and didn't cooperate,can they use physical force? Do you have the right not to talk to them and speak to a lawyer? Lastly why do they act so power tripped when they are just rent-a-cops and not police?

Answer 1

I have worked retail Loss Prevention for 10 years.   They are undercover detectives.  It used to be that if you didn't cooperate LP could use the force necessary to detail a shoplifter, in some outfits it is still allowed.  You don't have to cooperate but that will result in police action and make things more difficult on you.  LP are private investigators with the legal authority to detain and make a citizens arrest.  From personal experience, those who cooperated with me would be given an 'Easier Time' and the chances of me writing them up and letting them go were greater (Unless the dollar value of the theft was so high policy required an arrest).  I prefered cooperation and really didn't care if I had the shoplifter arrested (I had no agenda) as long as I was able to recieve credit for the recovery of the merchandise.  Those who lied-I showed no mercy!

Answer 2

haha they are not "rent a cops" because they do work for the store. YES they do have the right to use physical force to detain you if conditions are met. What those are differ from store to store. If you are caught stealing and they stop you, they can (in most states and stores) use force and handcuffs.

You can refuse to talk, but they can call the police and you HAVE to give your info to the police, which will in turn give it to the police.

"act so power tripped" is command presence. Once an LP makes a stop they are in control, and if you want to be a d**k about it, they can be bigger *****, by law.

Don't steal and you won't have this problem.

Answer 3

Actually some of them are cops moonlighting or picking up extra money on the side.

So the next time you decide to shop lift and get caught remember this.

Answer 4

It's common for states to provide citizens with limited arrest powers, most commonly for "breach of the peace," theft, and felonies. It's also common to allow citizens to use whatever force is reasonably necessary to prevent the consequences of theft. The degree of force is limited to what is reasonably necessary. So, if you resist or use force, they can counter with force. And using force in the commission of theft very often raises the offense to robbery, usually a felony. Should someone be killed, even inadvertently, by the thief's use of force, it might become capital murder. This applies to common citizens, not just police. The test of when a citizen can arrest is the same as for officers, probably cause.

Of course you don't have to talk to them.  

Answer 5

Some are off duty police officers.  Most are not, they are the wanna bes.  These are the ones that are on a power trip.

But remember, they do have the power of arrest within their jurisdiction.  Their jurisdiction is the store that is employing them, and in most cases the parking lot also.  That means they can use physical force if need be.  If they have probable cause, what is needed to arrest, then you cannot resist physically.  If you do physically resist, it can escalate to the charge of robbery 2nd.  If they don't have probable cause, merely reasonable suspicion, then you don't have to go with them.

As to not talking to them, if you are stopped you have the duty to identify yourself.  Nothing more.  You do not have to talk to them about the incident without a lawyer present.  But you do have to give them the information required for the booking/arrest report, name, address, phone no., social security no., and so on.

Answer 6

It really depends on the store and your qualifications. Corporate writes the rules for loss prevention, because it is the corporation that will have to deal with the legal matters. Most store LP have the right to detain you as a citizen. If you are not cooperating, they can use force to detain you until LE (law enforcement) arrives. Also, some stores have different policys for what you steal. If you steal a $1.00 candy bar, LP may just let you go because court fees, etc is greater than the value of the merchindise. Now if you try to walk off with $100's of dollars worth of goods, expect to be tackeled and arrested.  

Answer 7

They have very little power except to call real police, you can be rude to anyone including police it just generally doesn't improve your situation. As far as physical force, it's always a matter of whether or not it is warranted in order to detain someone, and if not it's still considered assault. Remember they are bound by the same laws as everyone else. As for the power trip thing, c'mon, you give any idiot a badge and he's gonna act like he's a TV cop, but you don't have to talk to anyone you don't want to, that includes rent-a-cops and real police.

Answer 8

They generally are "rent-a-cops" but if you don't cooperate with them they will call the actual cops and then you're kinda screwed.

Answer 9

They have as much power as any private citizen, meaning not much.  They can not use physical force legally.  Yes, you can refuse to talk them without legal repercussion.  Not all of them 'power trip' but I definitely know what you mean.