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All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.

What is “Shopkeeper’s Privilege”?

A store owner or employee who reasonably believes a customer has shoplifted may detain the alleged perpetrator while the store owner investigates the situation...

A store owner or employee who reasonably believes a customer has shoplifted may detain the alleged perpetrator while the store owner investigates the situation, which is considered the “Shopkeeper’s Privilege,” often presented as an affirmative defense to criminal and civil claims. The store owner can generally only detain the person for a short time and cannot confine, bind or place the individual into a locked area. The purpose of the Shopkeeper’s Privilege is to allow time for law enforcement officials to arrive to investigate the situation and determine whether the person being detained committed theft.

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