Saturday, July 24, 2010

Loss Prevention?

I need a link or information on the loss preventions laws/rules/codes/regulations or whatever the LP staff have to follow...





Like they can only physically stop somebody if this and that... or they can only check you if this and that....





Im basically looking for the LPs do's and don'ts...





I need this for an article im writting that relates to law enforcement...

Loss Prevention?
State laws. Go to your state's website and look up the laws for search and seizure. Most all say the person must be outside the door with items they do not have a receipt for. The best loss prevention DO - is for the loss prevention person to walk around and speak to people. Just good morning/afternoon will discourage most shoplifters. They just don't want anyone to notice them; once someone speaks to them, they will leave.
Reply:you can never check anyone. all you can do is ask if they paid for everything.





the reason, is if you stop/check/accuse anyone, and they are innocent, they can sue for defamation of character





so it is the business who says no.
Reply:It depends on the state, in my state you cannot apprehend them until they have exited the store. It has to be clear that they intended not to pay, so even if they have put something in their bag or you see a bulk in there clothes, you can't do anything until they leave the store. You should look at the larceny statues for the laws.
Reply:Every company is different. Per Ohio Law


http://www.omeda.org/fastfacts/1800.htm (slightly outdated but still really good information, A felony is $500 now, not $300)





But other than that it is up to a company to follow all laws.





The company I worked for we were allowed to utilize a "hands on" policy, which meant we were allowed, but discouraged to make contact with the subject at any time after all the conditions were met and we ID'ed ourselves. We could use force if we "fear for the safety of ourselves or others." Some used that as an excuse to handcuff everyone.





most companies have 5 basic rules that slightly vary


1. see subject select merch


2. see them conceal


3. 100% visual contact at all times


4. not pay for the merch


5. leave the store or last possible POS (point of sale)





But like I said, they differ, for example K-mart may require you to exit both doors while macy's only requires you to exit the first set of doors in a vestibule. While Sears may allow you to stop after the last POS has been passed. (I do not know if these are true or not for those stores, they are examples.)


Some also have restrictions on how far you can go to apprehend a subject. Some stores allow you to go as far as "where you can reasonably expect assistance from another associate" and some will not allow you to step off the curb.


I have gotten into a few chases and scuffles.


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