Employee Tries To Stop Shoplifter And Gets Her Phone Stolen

Published on August 4, 2023
Duration: 5:33

This video discusses the legal and tactical considerations for employees intervening in shoplifting incidents. It highlights the right to use ordinary force to protect business property but cautions against escalating situations. The presenter emphasizes that once force is used by the suspect, the incident can escalate to robbery, and recommends non-lethal deterrents like OC spray over physical confrontation or pursuit.

Quick Summary

Employees have the right to use ordinary force to stop theft of company property. However, if the suspect uses force, it becomes a robbery, which has different legal implications. Using OC spray is often a safer alternative than physical intervention, and chasing suspects is generally discouraged due to unknown risks.

Chapters

  1. 00:00Right to Use Ordinary Force
  2. 00:13Introduction: Active Self Protection
  3. 00:39Incident Overview: Sporting Goods Store
  4. 01:05Employee's Phone Stolen During Theft
  5. 01:28Would You Step In? Risk Assessment
  6. 01:43Legal Right to Stop Theft
  7. 01:53Is It Your Property? Personal Risk
  8. 02:05Non-Zero Risk of Injury
  9. 02:08Recommendation: OC Spray
  10. 02:45Suspect Using Force Escalates to Robbery
  11. 03:06Robbery vs. Shoplifting Legal Distinction
  12. 03:12Employee's Right to Use Force
  13. 03:21Skills and Plan to Back Up Attitude
  14. 03:34Force Levels: Ordinary vs. Deadly
  15. 03:49Texas Law: Deadly Force in Robbery
  16. 04:09Moral Considerations of Deadly Force
  17. 04:28Do Not Chase the Suspect
  18. 04:40Protecting Property vs. Personal Risk
  19. 04:48Employer's Perspective on Employee Safety
  20. 05:23Making the Math Ahead of Time
  21. 05:26Moral Code vs. Personal Danger

Frequently Asked Questions

What legal right does an employee have to stop a shoplifter?

Employees generally have the right to use ordinary force that is reasonably necessary to stop someone from stealing their employer's property. However, the level of force must be proportionate to the threat and the value of the property being stolen.

When does shoplifting become a robbery?

Shoplifting escalates to robbery when the suspect uses or threatens to use force against a person to steal property. This distinction is critical as it can change the legal justification for the level of force that can be used in response.

Is deadly force permissible to stop a shoplifter?

In most jurisdictions, deadly force is not permissible to stop a mere shoplifting or even a simple robbery. However, laws vary, and some states like Texas may allow deadly force under specific circumstances related to robbery.

What are safer alternatives for employees to stop theft?

Instead of direct physical confrontation, employees can consider using non-lethal deterrents like OC spray if they are trained and it's legally permissible. Avoiding pursuit of fleeing suspects is also advised due to unknown risks.

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