SHOPLIFTING:
CONTROL AND INVESTIGATION
By
Melencio S. Faustino
I. Introduction
Recent data on shoplifting incident in most
department stores indicates that one out of every twelve to fifteen shoppers is
a shoplifter. If this is correct, it is a shocking figure that reflects many
aspects besides economy.
Why
do people shoplift? Certainly, the majority of offenders are not professional.
It would be hard to imagine a society with five to eight percent of the
population made shoplifting a livelihood. Probably, the professionals account
for a small percentage from the total case of shoplifting identified. Most
shoplifting incidents are done by amateurs. No one knows why a person will
chance getting caught for stealing something he could buy.
Majority
of cases, the people caught shoplifting have enough money in their pockets to
pay for the item they tried to steal. Authorities suggest that the idea of
“something for nothing” lurks below the surface of every consumer’s mind. This
is the case not only in our country but also in the most advance country in the
world such as United States
of America.
A
few shoplifters are truly in need, either of the merchandise stolen or the
money they could get for selling it. Maybe derelicts, alcoholics and addicts
fall in this category.
A
small percentage of shoplifters are mentally disturbed. Kleptomaniacs rarely
try to hide their stealing. It seems that they want to get caught and derive
psychological satisfaction from the act itself. This is a rare mental problem,
however, recent studies suggested that many people suspected of kleptomania are
merely wealthy shoplifters using kleptomania as an excuse.
Shoplifting
has always been a difficult crime to control. Our written statutes are not very
effective. It requires witnessing the actual theft in order to arrest the
suspect. In addition, the costs of litigation slash the big portion of the
stores’ income. This is not to mention the inconvenience and the time being
wasted in the litigation process.
The
recent trends in merchandising involve readily the customer access to
merchandise and self-help in trying and fitting clothing. Attractive
self-service displays, designed to cut employee expenditures, have given the
shoplifter the opportunity to take merchandise. High-value software such as
clothing, furs, and designers dresses are especially the favored targets.
Nevertheless,
anything may and can be stolen, from a 6-peso bar soap to a P15,000 watch. Certain professional women
shoplifters are extremely adept at walking “from knees down,” or under a long
dress to conceal a twenty-pound ham, a radio, or two men’s three-piece suits
wedged between their legs.
Today
there are advancements in electronics with wide range of safeguards that are
available and practical. The installations of electronic alarm are necessary in
businesses selling small, high-value items that v must be handled and inspected
by the customer. The sale of cellular phone is a typical example.
There
is, however, no substitute for alert and responsible sales people and security
personnel. Certain types of merchandise cannot be adequately protected in any
other way. Until someone invents a device that measures intent-to-steal
brainwaves, “there is no way to protect the filet mignon except to keep an eye
to the meat counter.”
A. How to Stop Shoplifting
The store security personnel cannot be
everywhere at once. They are the crucial link in the chain and must always be
on the alert for unusual behavior on the part of the shoppers.
Simple
Observation. Observation is the bottom line of shoplifting
detection. In some business, it is the only practical method, and for smaller
business, it is the only affordable method. Store personnel should be
suspicious of any customers who stay in one area for a long period of time examining
merchandise and glancing nervously around the store. In many cases, the best
thing to do is walk up to the customer and ask cheerily, “May I help you?” The
real customer will appreciate the gesture, and the would-be-shoplifter will
realize that someone is watching.
Sales personnel should beware of customers
who carry merchandise from one department to another or from one floor to
another. The store plain clothes security personnel should be notified, so that
the customer can be followed and detained if necessary.
Any customer who exhibits symptoms of
alcoholism or drug addiction should be watched carefully. They should not,
however, be approached by the sales personnel if they steal something.
Experience shows that these shoplifters have a tendency toward violence. The
store security personnel should handle them, if possible; if not, they must
call the police.
Security
Devices. In recent years, a
wide range of security devices has become available to retail business. They
include surveillance devices, used to keep an eye on the store; alarms used to
protect merchandise; and price tag devices, used to prevent theft and price tag
fraud. Again, it must be emphasized that there is no substitute for alertness
on the part of the store security and sales personnel.
Closed-circuit television systems are
useless unless the screens are monitored carefully. Some shoplifter especially
professionals working in teams, are unbelievably clever at concealing their
actions. Sales personnel should be acquainted with prices and brands in the
store. This way, they can detect price tag switching and catch the customer who
claims he bought an item elsewhere.
It is doubtful whether all shoplifting can
be eliminated, but the well-informed security personnel can do great deal to
minimize it. Their knowledge and expertise leads them to the solution of many
crimes, their presence helps to deter the shoplifter’s intent, and their
understanding of shoplifters and shoplifting techniques enables them to pass on
the key pieces of information to the management. Management can then relay
information to sales personnel, who are really the first line of defense against
shoplifting.
Observation
Aids. The campaign against shoplifting starts with
prevention. The ability to observe concealment and removal of property is
necessary to prevent loss as well as detect and arrest shoplifters.
Mirrors.
Wide area convex mirrors can be placed strategically to eliminate blind spots
and increase aisle visibility. Place them on walls and pillars in large
businesses so that sales personnel have an adequate view of the room. In small
business, the proprietor may place a wide area mirror opposite the cash
register so he can observe the entire store.
Wide area mirrors are sometimes placed in
corridors which open onto fitting rooms---vital area of concern for department
stores. Fitting rooms, aside from the opportunity they offer for unobserved
concealment, are often placed near emergency exits, which allow the shoplifter
to slip out unnoticed.
Two
way mirrors and observation booths. To observe the sales floor,
a plain clothes security is often placed in a concealed observation chamber
with a two-way mirror in front of it. It can be in a post, in a corner where
partition has been placed across the angle, or in a catwalk which allows the
agent to observe the floor from many angles. The success of these methods
depends on two-way radio communications between the spotters and the store
detectives.
Grills and Peepholes.
Grills that look like ventilation ducts can conceal observation posts.
Peepholes with wide-angle lenses are often placed in strategic places. Almost
any decorative feature in a store can conceal a peephole and the observation
post behind it.
The
Fitting Room. In our
country there is a legal restriction to the observation of fitting rooms.
Consequently, stores have abandoned the use of two way mirrors adjacent to
these rooms and the installation of electronic surveillance. To deter
shoplifting, however, many stores have task sales personnel to accompany
consumers to the fitting room. Also, the number of items to be fitted have
limited to three items only.
Close
Circuit TV System. Many of the larger retail stores now utilize
television system to observe customers. A number of systems are available, and
they can be operated manually or programmed to provide a complete sweep of the
area automatically. Some are equipped with zoom lenses so the monitoring agent
can get a close-up shot of a suspected shoplifter. Without the zoom, the actual
concealment may be difficult to detect. Remember, if you did not see it, it did
not happen.
Depending on the situation, monitors may be
placed in a central location or distributed to various areas within the store.
The central location requires communication equipment to link monitor security
with floor security.
Video/VCD/DVD
Tapes. A video tape machine can be hooked up with a
close-circuit television camera. It can be programmed to photograph one
position of the store at regular intervals, or be set to switch from camera to
camera, lingering a few seconds at each to provide a record of spot checks for
the entire store.
It is also possible to program video-tape
machines with alarm circuits. They can set off silence or local alarm when
something appears on the screen that they are programmed to respond to. Or they
may be programmed to start recording by a certain signal, so that the security
officer may view the tape periodically.
Film
Cameras. The stop-motion camera takes thousands of pictures on a
relatively short piece of film. It can be set on a bracket which lets it move
automatically around the store in a controlled sweep, taking pictures every
second or half-second as it goes. Or it may be installed for manual operation,
so a security officer can take a shot of something he wants to record. Even if
it does not help apprehend a suspect, it will record his picture. Personnel can
be alerted for the next time he enters the store.
Anti-Theft Devices. Anti-theft devices are physical
restraints which allow merchandise to be handled but not removed, or alarm
devices which sound locally or at a central office when merchandise is taken
from its place.
Hangers and other obstruction to removal. Some stores have outfitted their clothing
racks with hangers that allow the customer to handle the merchandise but not
take it off the rack. These are loops which have to be opened by special tools,
rails which require a special key, or other devices. Merchandise with handles
can be protected by running a chain through the handles. The piece can be
examined, but not removed from the shelf. If a customer wants to buy the item,
the clerk can get a duplicate item from the stockroom.
Alarms. Many types of alarms can be
connected to valuable merchandise. Furs and valuable clothing can be outfitted
with multiple connection alarm circuits attached to the hangers. The alarm will
ring when one of the pieces is removed. A similar set-up can protect devices
like expensive electronic items. Valuable display may be protected in alarm
cases which can only be opened by the salesperson’s key. Alarm loops can be
placed through the handles of certain types of merchandise.
Valuable pieces of antique pottery and
similar art objects can be protected by wafer alarms. These react to negative
pressure, and sound an alarm when the item is picked up. Oil paintings on
canvas can be protected by a device called a seismic geophone, which detects
the vibrations of a touch with the force necessary to steal or mutilate. There
are even ribbon alarms which can be placed on or under the cushions of antique
furniture. They react to the pressure of someone sitting on the piece.
Electronic Tags. A recent and
well-received innovation has been the use of electronic tags on merchandise,
especially high value software, such as leather clothing. These tags can only
be removed by special tools at the cashier’s counter, and they sound an alarm
when the shoplifter tries to carry them out of the store. They are printed in a
miniature circuit which activates the alarm system concealed near the store’s
exits. Some department stores have installed them to discouraged shoppers from
taking the merchandise between departments.
Over
the years, technology has displaced manpower as the best solution to either
deterring or catching shoplifters. The most widely used technology is commonly
referred to by its acronym--"EAS,"
(Electronic Article Surveillance) first introduced around 1968 and in
widespread use since the mid-1980s. Electronic article surveillance is the term
used to describe retail anti-shoplifting protection systems for all consumer
products.
In
essence, an EAS system consists of
three components--detection pedestals, "tags" and deactivation
equipment. The tags contain an electronic element that is bonded to adhesive-backed
paper and manufactured in rolls, much like pressure-sensitive pricing labels.
Tags are affixed, by hand or by automated machinery, somewhere inside or
outside consumer products packaging. The pedestals are placed at store exits in
order to detect the presence of these tags as shoppers leave the stores. At the
point of purchase, these tags are rendered electronically inoperative
(deactivated), so that the purchaser may exit the premises without setting off
an alarm. If a shoplifter were to attempt to leave the store while carrying
items containing the "live" electronic elements, the detection
equipment at the exit would sound an alarm and appropriate security
countermeasures could be taken.
These
systems have proved to be an effective psychological and physical deterrent to
shoplifting, and in recent years technological improvements have provided
smaller, more reliable and less expensive products. In concert with the social
benefits of shopping in stores that are relatively free from crime, the use of EAS provides some very real and quantifiable
economic benefits to the retailer. Academic studies have shown that EAS can reduce inventory shortage by anywhere from
30 to 80 percent. Loss reductions of this size can make the difference between
a profitable and unprofitable product.
B. Common Modus
Operandi of Shoplifters
Shoplifting methods are often simple. The
shoplifter’s skill lies in his ability to conceal something swiftly, surely,
and nonchalantly. The inexperienced criminal is likely to nervously glance
around the store as he commits the crime, yet the professional will look, for
all intents and purposes, like any other customer. Of course, the professional
knows all the tricks and physical aids to shoplifting, and uses them when
necessary. They are carrying out their nefarious activities using any of the
following common practices.
Wearing
of articles out of the store. A man may enter a store bareheaded and leave
with an expensive hat on his head. Scarves, sweaters, purses, coats, gloves, and
even shoes are often taken in this manner.
The
confusion routine. The
shoplifter gets the salesperson to pull out items until the clerk has no idea
what was there in the first place. While they are busy going back and forth
from the counter to the back room or the display shelf, the shoplifter conceals
the merchandise. A variation of this is the self-service customer who pulls out
several items, and only puts some of them back.
Two
persons using a fitting room can use the “confusion routine” to great advantage.
While one person tries on several items, the second goes back and forth between
the floor and the fitting room with new items to try on. After a while the
sales personnel have no idea how many items have been taken and returned.
Frequent clearing of dressing rooms is necessary to combat this shoplifting
method. Occasional spots surveillance of fitting rooms is also effective.
Price
Tag Switching. Price
tag switching is rising in popularity. The shoplifter simply exchanges price
tags on a lower priced item for the tag on the item he wants. One variant of
this is to write in a new price on the tag. This works especially well during
sale.
Re-price items off the floor, and do not
handwrite the new price. Tags can identify the item by numbering the item or
name, and be color-coded also according to type of item.
Price tag switching is difficult to prove.
The shoplifting can argue that he has no idea what the price of the item should
be.
Use
of an accomplice. Several
ways that one or more accomplices can assist the actual thief are:
1. By acting as a shield or look out.
2. By attracting the attention of the sales
personnel while the partners commit the crime.
3. By moving high-valued item to a concealed
counter or rack. It is then easier for the partner to commit the theft.
4. By accepting the stolen merchandise---one
accomplice passes the goods to another in a seemingly chance encounter. This is
a very successful technique. The second accomplice cannot be apprehended unless
the transfer has actually been seen, and the consequences of arresting the
first without physical evidence are too risky. Try to keep a suspected
shoplifter in sight at all times.
5. By creating a disturbance---an argument, a
noisy baby, or a raucous gang of teen-ager who attracts the undue attention may
be covering a theft.
6. The unseen partner---the customer who takes a
great deal of sales personnel time, or who argues unduly with him, may be
concealing a partner who is stealing the stores goods.
Professional
Devices. Special
“appliances” increase the number of pieces of merchandise which can be taken
from the store in a single trip. Some professionals purposely avoid them so
that they can pose as an amateur overcome by temptation when they are caught.
The
“Booster Box.” This is perhaps the most famous professional shoplifting
device. On casual inspection, it looks like a package wrapped to be mailed or
given as a gift. In reality, one end of the package is cut so that it folds
inward. Shoplifted items are pushed into the box through this end.
The
Slit Pocket. Many raincoats and topcoats have slit pockets to allow
access to inner garment pockets. If not, the pockets can be slit to enable the
shoplifter to pull an item from a shelf under cover of his coat.
The “Booster Belt.” Hooks or fastened to a belt in such a way
that merchandise can be hung from it and concealed inside a coat.
Extended
Pockets. Extra lengths are sewed onto coat and pant pockets so that
large items or several small items can be concealed.
Extra
Pockets. Additional pockets are attached to the lining of a coat or
jacket.
“Booster
Bloomers.” These are bloomers
which can be worn under a full skirt. Both the skirt and the bloomers are
elasticized at the waistband for easy access, and the bloomers are fastened
tightly at the knees to hold the merchandise which is dropped in.
Other
devices are used by professional, but no special equipment is really necessary.
All the shoplifter need is to be unnoticed for a few seconds.
C. How
to Spot Shoplifters
It is true that an honest customer can wear
baggy clothes, a coat in warm weather, act nervously, and walk awkwardly; these
are nevertheless some of the telltale signs of a shoplifter. A good memory for
the appearance of customers can help detect the “pregnant” women who leaves the
store more pregnant that she came in, or a slender fellow who becomes portly as
he walks out the door.
Signs which reveal that a customer is a
thief are:
1. Extremely nervousness glancing around the
store instead of observing the merchandise.
2. Looking around or back when leaving an area
or counter to see if someone is watching.
3. Being startled when under observation.
4. Flushed face or sweating although the store
is cool.
5. Behaving differently from that of the store’s
ordinary customer.
6. Shopping in pairs.
7. Customers going behind the counter, for any
reasons.
8. Customers carrying a coat on their arm, or
folded newspaper of magazine.
Remember,
a suspect cannot be apprehended because something is missing. They must be seen
taking it. Otherwise, arrest or detainment is likely to be illegal. The sales
personnel should be alerted to the actions of all customers in his department,
and watch for signs of shoplifting while remembering that there may be
eccentric customers. It is just as bad to apprehend an innocent person as it is
to miss a shoplifter.
D. How
to Detain a Shoplifter
One rule of thumb in apprehending
shoplifting suspects---stores sales person and security personnel must be
certain. Several things to be certain about are:
1. The suspects must be seen taking the merchandise,
and be able to identify it as owned by the store’s.
2. The suspect must be seen concealing the items
in his person.
3. Watch him continuously and be sure that he
has not “ditched” or transferred the item.
4. The suspect must be seen leaving the store
without paying the item.
E. Legal
Issues
According to written statute, a private
party has the right to arrest (Rule 113, Rules of Court). Sales and security
personnel cannot arrest a person on the basis of hearsay. The statute provides
that in case of lawful arrest, the arrested person be taken before a
prosecutors’ office or delivered to a peace officer without unnecessary delay.
However, as a matter of practice most
stores detain the suspected shoplifter for questioning and picture taking.
Afterwards, the suspect is released and neither brought before the court nor
the police department for investigation and filing of subsequent charges. The
picture of the suspect usually display in the stores watch list for unwanted
customers thus, violating the right of the suspected shoplifter to presumption
of innocence. In some instances, the detention of the suspect exceeds beyond
what is prescribed under the law. Revised Penal Code, as amended, prescribes
that the suspected person may only be detained for a period of 12 hours (minor
offense), 24 hours (correctional offense), and 36 hours (afflictive offense).
It is wise for the stores, particularly the security personnel, to study laws
on arrest and detention.
Probable Cause Steps. To establish a solid base for probable cause, and prevent unlawful arrest, there are six
universally accepted steps that a merchant should be followed before detaining
someone suspected of shoplifting:
1. Store personnel must see the shoplifter
approaches the merchandise
2. Store personnel must see the shoplifter
selects the merchandise
3. Store personnel must see the shoplifter conceals,
carries away or converts the merchandise
4. Store personnel must maintain continuous
observation the shoplifter
5. Store personnel must see the shoplifter fails
to pay for the merchandise
6. Store personnel must approach the shoplifter
outside of the store.
Step 1: The
store personnel must see a shoplifter enters the store or approaches a display
and see that the customer does not have any merchandise in their hand or that
they haven’t retrieved an item from their own purse, bag, or pocket. This step
prevents a common mistake that occurs when a customer brings an item back to
the store for a return and does not check in at the return desk first. If the
store personnel detain someone after seeing them replace their own merchandise
into their pocket or bag, they could be subjected to an unlawful arrest even
though it is seemingly an honest mistake. Many unlawful arrest are filed
because retailers missed this important, but basic, first step.
Step 2: The
store personnel must see the shoplifter selects the merchandise. Store
employees can misunderstand when they see a customer innocently put an item
into their pocket or purse and not realize that the customer had brought the
item into the store with them for comparison purposes. If the store personnel
can positively and honestly states that they saw the shoplifter removes their
merchandise from their display prior to concealing it, then they must have a
strong foundation for proof of shoplifting.
Step 3: Store
personnel must see the shoplifter conceals, carries away, or converts the
merchandise. This includes concealment in bags, strollers, or on a person.
Shoplifting can occur by wearing articles in plain view once the tags are
removed. Shoplifting can occur by conversion, for example, when consuming food
prior to being purchased. An exception to the observation rule is inside a
fitting room where observation is impossible. Once inside a fitting room store
merchandise can be concealed almost anywhere. The important factor is to know
what items go into the fitting room and what items don't come out in plain
view. Of course, the fitting room must be checked beforehand to see if it is
clear of merchandise and after the suspected theft exits to see that the
missing items were not simply discarded.
Step 4: Store
personnel must maintain continuous surveillance of the shoplifter. If the store
policy is to detain and apprehend all shoplifters, then all personnel must
adhere strictly to this step. Experienced shoplifters will try to dump the
concealed merchandise, without the store personnel knowledge, if they believe
they have been observed. If store personnel followed steps 1-3 and then lost
sight of the shoplifter for several minutes, they may be surprised when they
detain the shoplifter and is no longer holding the store merchandise.
The
best approach, if store personnel lose sight of a shoplifter, is to make their
presence know to the shoplifter and give them a chance to dump the merchandise
and leave the store without a word being said. Sometimes, security personnel
will walk nearby and turn up their mobile radios to alert the shoplifter that
they are plain-clothes security. Another technique is to make a storewide P.A.
announcement for security to come to the Children’s department, for example,
which is where the shoplifter happens to be standing. They will usually dump the
merchandise immediately and hopefully never return.
Step 5: Store
personnel must see the shoplifter fails to pay for the merchandise. Typically,
a shoplifter will walk out of the store, past all cash registers, without
making any attempt to pay for the concealed merchandise. This is an important
element to prove "intent" later in court, if necessary. Sometimes,
shoplifters will go through the checkout line and pay for other items but not
for the concealed item. It is important to observe that the concealed item is
not retrieved and paid for at the checkout. It is also important to verbally
confirm with the cashier that the concealed item was not paid for either. For
example, a shoplifter may get a change of heart and tell the cashier that they
consumed a candy bar worth 10 pesos and the cashier rings it up.
If
store personnel don’t inquire first, they could detain the shoplifter and have
some exposure to litigation. Another example is when the store personnel
observe a customer removing garment tags and dressing their child in new
clothes and place the old clothes into a large bag. When the suspected
shoplifter proceeds to the cashier, and without the knowledge of store
personnel, they present all the price tags and pay in full. Another example is
when a customer at a grocery store tells the cashier to charge for a carton of
cigarettes or a newspaper. After the transaction, the customer leaves the check
stand and selects the cigarettes or newspaper from the stand in the lobby and
exits, seemingly without paying.
Sometimes
there is a reasonable explanation for removing merchandise, seemingly without
paying, so store personnel must be aware of the practices within various retail
settings that would allow this to occur. Remember, some shoplifters are clever
and will purchase an item, obtain a receipt, and dump it in their car. Next
they return to the store to steal the exact same item. If stopped they can
produce a receipt and even get the cashier to swear the item was purchased.
This modus operandi is very common and effective. Most department stores have
recorded lost of the same item, five times, using this technique until the
store personnel busted the shoplifter.
Step 6: Store
personnel must approach the shoplifter outside of the store. Although not
technically necessary, following this step eliminates all possibility that the
shoplifter still intends to pay for the stolen product. Courts have held that
detaining someone for shoplifting inside a retail store does not establish the
criminal intent of theft. However, in several cases shoplifters can be detained
once they have concealed the merchandise. When approaching a shoplifter outside
of the store always have at least one trained employee as a back up and
witness.
There
is safety in numbers and most shoplifters will cooperate if they believe
fighting or running is futile. Always have at least one more security personnel
present than the number of shoplifters. When approaching a shoplifter outside,
it is important for the security personnel to identify themselves clearly and their
authority for stopping them. Plain-clothes security personnel should carry
badges or official ID cards so the shoplifter has no doubt who they are. Most
shoplifter apprehensions should be accomplished with no force or if necessary,
minimal force like touching or guiding.
If
the stores personnel follow these six steps, they should have no problem with
proving criminal intent to shoplift and be able to establish probable cause to
detain a shoplifter. They can be well insulated from civil liability if they
followed the preceding six steps correctly. Remember, the steps recommended in
this report exceed most laws and are not always required for successfully
prosecuting a shoplifter. However, the steps are designed to provide
consistency in procedures and training for loss prevention professionals and
reduce civil liability for the retailer.
Shoplifter Detention. In an
effort to prevent thieves from walking out the door without paying for
merchandise, sometimes it becomes necessary to detain and arrest those
suspected of shoplifting. Retailers sometimes employ plain-clothes security
personnel specially trained to detect, apprehend, and arrest shoplifters. Some
retailers believe that arresting shoplifters is the greatest deterrent as the
word is spread by store employees and gets out on the street. If a detention
and arrest policy is desirable, it is critical for the merchant to understand
the laws of arrest before confronting anyone. Remember that the laws have a
different legal impact than store policy. What follows are some good "rule
of thumb" guidelines to follow in most situations.
Before
detaining anyone, the store personnel must establish the “Shoplifting Probable Cause”. To
establish a solid base for probable cause and prevent unlawful arrest claims,
there are six universally accepted steps that a merchant should follow before
deciding to stop someone suspected of shoplifting. These must be observed and
adhered to.
The decision to confront suspected shoplifter. The decision to approach and confront someone
suspected of committing theft should not be taken lightly. It's critical to
provide special training to anyone charged with the responsibility of
apprehending shoplifters. Our Statutes do not give the store operator some
limited liability protection if they approach a suspected shoplifter in good
faith and the stop is based on a reasonable belief that shoplifting had
occurred. Our statute gives the store operator the right to "detain"
someone temporarily either for the purpose of recovering their merchandise
and/or for summoning the police. To detain someone, under the statute, means
that they are not technically under arrest, but merely being temporarily
investigated.
The
detention process can evolve into an arrest if the suspected shoplifter is
taken into custody for the purpose of arrest. The definition of custody means
not being free to leave (i.e. while handcuffed). In our statute, arrest made by
store’s management must be within the scope of citizen’s arrest. In order to
make a citizens arrest, the store personnel must see the crime committed in
their presence.
Rules in approaching suspected shoplifter. To approach a person suspected of shoplifting will
necessarily involve a confrontation. This confrontation can go smooth and
professional or become hostile and aggressive. It is a good policy to have
extra personnel involved for back-up and for witness purposes. A good rule is
to outnumber the suspected shoplifter by a least one. The extra personnel usually
prevent the suspect from fighting or attempting to flee. A female back-up
is best if a female suspect is being detained.
The
approach should always occur from the front, if possible. The store
representative should immediately and clearly identify themselves and it is
helpful to have some form of identification such as a uniform, or name tag to
avoid confusion over the identity and authority of the store personnel.
Plain-clothes security personnel should have an authentic-looking ID card or
badge in a wallet to present during the confrontation so not to be confused
with a mugger. The presentation of credentials should occur simultaneously with
the words "I'm with WXYZ Stores, and I would like to talk with you about
the 'two bottles of WXYZ perfume' in your bag."
Store
personnel should listen for spontaneous utterances like, "Oh, I forgot to
pay for it" to help prove culpability while still outside of the store.
The shoplifter should also be asked to return the items while still outside the
store, if possible, to further validate the suspicion of theft before return to
the store interior.
The Detention. The
detention process starts when the customer is initially confronted. However, an
unproductive stop can and should be terminated while still outside, along with
a sincere apology for the confusion. If the suspected shoplifter has unpaid
merchandise at the time of the detention, ask them to, "please return to
the store so we can clear up this matter." If you act professional and
with back-up, the shoplifter will comply and go anywhere you direct, without fanfare.
When
escorting a shoplifter back inside the store, care must be taken to see that
the shoplifter does not try to run. Customers and store employees could be at
risk if a scared shoplifter decides to escape by running through the aisles of
the store towards another exit. To prevent this from occurring, at least two security
personnel should walk very close to the suspect while speaking in a calm
manner. If the risk flight appears high, the loss prevention agents should
consider using holding force to guide the shoplifter or simply hang on to a
belt loop. Chasing a shoplifter is not a good policy, especially if you already
retrieved your merchandise. Chasing a shoplifter off the property or in a car
is never a good idea and can be dangerous.
Excessive force.
Excessive force should never be used when apprehending a shoplifter. Initially,
holding force should be all that is required to retrieve your merchandise and
direct the suspected shoplifter back to a private office. If the customer is
cooperative and is either very young or very old or very frail, no force should
be necessary. The security personnel may use handcuffs to restrain violent or
aggressive shoplifters when employee or customer safety is a REAL possibility. Handcuffs should be used with
discretion, because all shoplifters do not need to be cuffed. The security
personnel must be properly trained to carry handcuffs and know when and how to
apply handcuffs. Handcuffs should always be "double-locked" when it
is safe to do so.
Excessive
force is unnecessary and unlawful and can create exposure to civil liability and
criminal liability for negligence and physical injury. This negligence and
physical injury would include choking, punching, kicking, improper handcuffing,
hog-ties, and the intentional application of pain compliance techniques.
Extreme foul language, ethnic slurs, and verbal threats of harm will all be
considered excessive when a shoplifter is in custody. When handcuffs are applied,
security personnel are responsible for the shoplifter's safety from trips and
falls, adequate blood circulation to the hands, and the ability to breath.
Shoplifter processing. Once the store personnel make it to a private
office the shoplifter must be processed within a reasonable time period and in
a reasonable manner. Sometimes the timing is delayed by slow response time of
local law enforcement. There should always be at least two store
representatives present at all times and one should be the same sex as the
shoplifter for obvious reasons. One of the first steps is to make sure the
setting is safe and the shoplifter is not carrying accessible weapons. This is
accomplished by a simple external "pat down" or by separating
handbags, packages, and other containers from the immediate grasp of the
shoplifter. A pat down is not a license for a search and should be conducted by
a person of the same sex. Searching pockets and handbags is illegal unless
voluntarily do so by the suspected shoplifter, so leave that job for the police
upon turn over to their custody.
After
the safety issues are resolved, store personnel should ask the shoplifter to
voluntarily retrieve and return all the stolen merchandise. Our statutes allowed
to ask questions about identification and other personal circumstance of the
shoplifter and to complete a written report to help the store authority
determine if they will prosecute or not. Most shoplifters will cooperate and
hope to be released. In the case of young children, the elderly, or those with
diminished mental capacity, release the shoplifter to relatives instead of the
police is more preferable. In either case, the company policy should have precise
policies in this aspect.
Written reports.
The store policy is to make detentions and arrests. Written reports are
required to record the shoplifting event. These reports will be vital and can
be used later for both criminal and civil proceedings. Reports usually include
the security personnel that captures all the important identification data like
name address, date of birth, social security number of the shoplifter. The
report will provide a narrative of the facts that establishes the probable
cause elements, itemizes all stolen merchandise, lists all witnesses, and
includes any contemporaneous statements made by the shoplifter. All reports
including the police report or case number, if any, should be kept in a secure
file cabinet for a least two years or until the local statute of limitations
runs for both criminal and civil filings.
All
evidence should be photographed and itemized and either stored in a secure
cabinet or returned to stock, if courts allow for it. If an arrest is
warranted, the shoplifter should also be photographed for identification later
on and in court. All evidence should be entered into a separate log book and
assigned a case number for tracking purposes. The store authorities will need
these stored items for court presentation. Be sure to bring them along for each
court appearance.
F. Use
of Force
The use of force in detaining a suspect
must be reasonable and necessary. In other words, it must be necessary to use
the force, and the force used must be no more than what is reasonable. If the
suspect balks and pulls away, the situation is very different than if he picks
up a steam iron from a nearby shelf and tries to club the apprehending security
personnel. In the two cases, the meaning of reasonable and necessary differs.
G. Questioning
Suspects
The statute allows the questioning of the
suspect for a reasonable amount of time. However, no threat or force may be
used. The suspect has the right to remain silent. If questioning takes a
prolonged period of time in violation of the RPC, the store and security
personnel may be held liable for illegal detention.
When the arrest privilege is invoked, the
suspect must be delivered into official time without necessary delay. This
means that, unless there is some tangible reason why the store security
personnel are unable to do so, the police must be called immediately.
There are three reasons to question the
suspect.
1. To recover all the merchandise the suspect
has taken.
2. To obtain a confession (remember that extra
judicial confession without the assistance of the counsel is inadmissible in
the court of law).
3. To obtain the shoplifter’s signature on a
written waiver form which release the store and all store employees from
liability for damages in a civil suit (such waiver form can only be waived
voluntarily; as with the confession, it cannot be the result of duress, coercion,
or threats of any kind).
H. The
Shoplifters
In the past, the majority of shoplifters were
thought to be women. Recent studies show, however, that men are involved just
as often, and they typically steal the more expensive merchandise.
Shoplifters may work in teams. A man may
act as a spotter or decoy for two or more people, often women who are adept at
stashing merchandise between their legs. Professional shoplifters are also
remarkably skillful at spotting and distracting the floor detectives, while
their accomplices walk out with everything but the kitchen sink.
Gangs of teenagers may enter a store and
cause enough of an uproar that two or three get away with a sizeable amount of
goods. Large, noisy groups should be watch very carefully. In some cases, they
may be directed by a pro.
The
Amateur Adult. The amateur adult generally steals on impulse.
If he wants something, and the coast seems to be clear, he will take it.
Initial success at taking small items may make him bolder, resulting in frequent
thefts of more valuable items. Lacking the self-confidence of the professional,
the amateur is typically nervous. He lingers over merchandise longer than
normal, and looks around the store uneasily.
Occasionally, the amateur steals out of
need, yet the majority of cases involve people who are carrying enough money to
pay for the stolen item.
The Juvenile. A
juvenile often takes small, “luxury” items (sunglasses, watches, fountain pens,
cigarette lighters, coin purses) for his own use. He may shoplift to impress
friends. It is common for a large group to enter a store and cover for a theft
by distracting the customers and the sales personnel. They may be coached by a
professional adult. Every effort should be made to determine if they are, and
identify the leader. They can be any age, from pre-school to high school. A
mother trained her children to conceal merchandise she touched. If they were
caught, she merely called them “naughty kids” and denied any knowledge of their
acts.
The
Professional. Professionals
are usually polite, well dressed but not flashy, talkative, and deliberate in
their actions. They take pride in their abilities, and their career sometimes
takes them around the country in teams. The professional will not take chances.
He will stop if watched, and “dump” his merchandise if he is spotted. They
often have an uncanny ability to spot security personnel.
Normally, professionals take expensive,
easily saleable merchandise, and steal in quantity, if possible. It is their
business, therefore, they are interested in goods that can be resold. They
usually use one or more shoplifting “appliances,” such as a booster box, hooks
inside a coat, or extra long pockets. Professionals are difficult to catch.
The Addict. Addicts are extremely dangerous to apprehend because
of their unstable emotional conditions. They are usually in need of a “fix”
when they steal, and have both a desperate need for money, and a desperate fear
of jail and “kicking the habit.” The addict is often capable of violence, and
many stores and security agencies appeal to the police to apprehend them. The
addict frequently takes chances, snatching the first expensive item he sees and
making a run for it.
The Vagrant and Alcoholic. Vagrants and alcoholics usually steal because
they need to steal something, either the item stolen or the bottle of wine they
can get for it. They are often drunk or pretty “tight” when they attempt the
theft, and frequently use the “snatch and run” method. They are usually easy to
spot and should be watch carefully.
The
Kleptomaniac. Kleptomania
is a mental problem defined as a “compulsion or obsession to steal.” The
Kleptomaniac steals without regard to the value of or his ability to use an
item. He makes no attempt to conceal the theft. He is frequently a repeat
offender, apprehended several times at the same store. Typically, kleptomaniacs
are shy and nervous, although a few demonstrated arrogant tendencies. It is
relatively a .rare affliction, so beware of the wealthy persons who uses phony kleptomania
to gain sympathy.
I. Common
Stolen Items
Though there is much overlapping, it seems
that particular types of items appeal to different types of shoplifters.
Small Personal Items. Personal items
are frequently the target of the juvenile, who wants them for personal use. The
items include:
1. Records and tapes
2. Cosmetics
3. Jewelry
4. Compact leather goods
Clothing. Clothing is a favorite target of juveniles,
but also highly regarded by adults, and depending on the value, professionals.
Favored items are:
1. Sportswear
2. Men’s furnishing
3. Dresses
4. Sweaters and blouses
5. Leatherwear and furs
Accessories. Because they are generally small, easy to
conceal, and in demand, accessories are stolen by all types of shoplifters.
Some examples are:
1. Lingerie
2. gloves, ties, silk scarves, and wool mufflers
3. Hosiery
4. Handbags
Hardware. Generally,
hardware is the target of the professional, but often it is selected by thieves
of any class. High value makes the item attractive. Included are:
1. Sporting goods---fishing reels, rackets, etc.
2. Cameras and Camera equipment
3. Electronics devices
4. Small electronic appliances
5. Tools and other mechanical hardware
Miscellaneous. The target of a shoplifter can be anything
of value---expensive cuts of meat, hams, expensive candies, perfumes, coffee,
smoking pipes, books, shoes, or any small piece of merchandise. A complete list
of shoplifted items would astonish even the experienced store detective.
J. Common
Targets of Shoplifters
Noontime traffic is a favorite target for
shoplifters. Special sales offer easy opportunities for concealment and
removal. And the peak shopping seasons of Christmas and opening of classes. In
fact, any crowded department or area affords ample protection for the
shoplifter. The professional shoplifter often strikes during shift changes,
when personnel are fewer and more occupies with coming and going than with
surveillance of the store.
In general, shoplifters prefer ground
floor. Sales counters piled high with merchandise are handy targets, as are
articles displayed near exits.
Fitting rooms are among the most
troublesome areas of shoplifting control in retail business. Articles can be
put on under the shoplifter’s clothing and worn out of the store. Occasionally,
the shoplifter will exchange his used items to conceal stolen articles.
Any rack of shelf which shields the sales
personnel view can be used to conceal theft. Personnel should be aware of these
areas and watch them carefully.
II. Conclusion
Shoplifting
is a widespread crime. Recent studies showed that 1 out of 12 shoppers is a
shoplifter. The majority of shoplifters are amateur. However, the professional
generally steals more expensive merchandise. Few shoplifters steal out of
absolute need. Anything may be stolen, from a ten-peso candy bar to
thousand-dollar electronic devices.
The
first line of defense against shoplifting is alert observation in sales areas. Many
security devices are available to curtail shoplifting. Among these are the wide
area mirrors, two-way mirrors, close circuit television systems, special racks
and hangers, and electronic price tags. Professional shoplifters often work in
teams. Beware of the gang of noisy, rowdy youths. Their disruption may be
concealing theft. Beware also of apprehending a suspected drug addict because
he may be violent.
The
most frequent targets of the amateur are expensive, “luxury” items stolen for
personal use. The professional is in business, and he steals items with high
resale value.
Holidays
are prime shoplifting times. Any crowded store or department is an easy target
for the shoplifters during especial sale. Merchandise stocked near exits is an
easy target. Most shoplifting methods are simple. All that is required is a few
seconds when the suspect is unobserved. The professional shoplifter may use one
of several devices to aid in stealing greater quantities of merchandise. The
fitting room is often used to conceal merchandise, as are the toilet cubicle
and the telephone booth. Any unusual behavior on the part of a customer may be
a sign that he is a shoplifter. However, store personnel would be wise to
remember that there are many eccentric people. It is just as bad to apprehend
an innocent person as it is to let a shoplifter go. The cardinal rule of
apprehending shoplifting suspects is BE ABSOLUTELY CERTAIN. The consequences of
making a mistake are usually much more than the stores management wants to
bear. The law allows for no mistake in arresting a suspect for a misdemeanor.
The
statue allows the detention of a suspect for questioning for a reasonable
period of time. However, coercion, duress and other forms of threat is not
permitted under the law.
III. Recommendations
Since
shop lifting is one of the major problems of the stores (others are: employee
theft, 47 percent; administrative error, 15 percent; and vendor fraud, 6
percent), the following recommendations is
worthy to consider in order to fight this social problem.
First, it is necessary to invest in
security. Majority of the stores viewed security expenses as unessential in the
business operation. Management has little or no knowledge at all in the
importance of security operation. Although other stores have employed the
services of the security, they resorted to hiring security personnel---the most
expensive countermeasure in the control and management of shoplifting---rather
than establish security procedures and invest in security
equipment/hardware/software.
Second, introduce the concept of
“compliment security.” Security of the stores is not the sole responsibility of
the management and its security personnel. It is a shared responsibility and
all the personnel of the store should be included from the utility to the sales
manager. All store personnel must be given security orientation, re-orientation
and continuous security education emphasizing on their roles to the protection
of assets against shoplifting and other forms of thefts.
Third, conduct a periodic risk analysis
treating on the value of assets, the level of threats and the degree of
vulnerabilities. This is necessary in order to determine the appropriate
countermeasures against shoplifting. Determining these three aspects of risk
analysis gives the store’s management a complete picture whether to employ Risk
Elimination, Risk Reduction, Risk Transfer, Risk Assumption or the combination
of the four concepts of countermeasures.
Fourth, carry out a regular and sound
auditing of items and establish the accountability. Regular auditing provides
vital information whether the store assets incurred losses or not, while
establishing the accountability determines which sales personnel are answerable
or responsible for the loss of particular items. Thus, losses could be charged
to the sales personnel.
Lastly, design the stores set-up in
accordance with the concept of “Defensible Space.” Defensible Space is a
concept which entails observation of the store’s environment by its personnel
thus, giving an idea to the would-be shoplifters that he is always being
observed. Counters and observation mirrors should be free from any obstructions.
Similarly, the stores façade should be made of glasses and should also be free
from any obstruction to allow the passers-by to observe any untoward incident.
References
CBSI Editorial
Staff, 1996; Revised Penal Code, Twenty-First,
Manila, Philippines: Central Book Supply
Inc.
Charles F. Hemphill, Jr., 1971;
Security for Business and Industry.
Dow Jones-Irwin, Inc., Homewood,
Illinois 60430
Chris E McGoey. Shoplifting:
Probable Cost http://www.crimedoctor.com/guard1.htm
Jose N. Nolledo; 1994; Handbook
on Criminal Procedure, Calookan
City, Philippines:
Philippine Graphic Arts, Inc
Paul Fuqua & Jerry Wilson, 1979; Security
Investigators Handbook. Gulf Publishing Company, Houston, Texas.
Philip Purfura, 1991; The
Security Handbook. Delmar Publisher, Inc., 2 Computer Drive West, Box 15-015 Albany,
New York 1221
