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by Galeanda on November 17th, 2007
If you are only hiding something you will be asked to remove it but you cannot be charged with shoplifting until you walk out past the cashiers. You can always say you were carrying it around or whatever. Only when you leave the store can they charge you with shoplifting that will hold up in court. Until that moment you haven't done anything wrong yet. It's premature. You can refuse to remove an item they saw you stash away but then all they have to do is wait till you walk out. If they wait for you to walk and then get you, they will have the taped evidence, too:-)
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Comments
This is incorrect in every state in America. The criminal act of shoplifting is complete as soon as the person picks up the item with the intent to steal it. This intent is often proven by showing that the person removed the tags or hid the item. You DO NOT need to pass the cashier or leave the store to be charged, tried, or convicted.
by OhLook - IamNoLongerAnonymous on November 12th, 2008
Wrong, you do need to pass the cashier and leave the store. I know this for fact. I worked for a major retailler.
by Sheila3444 on November 12th, 2008
Anonymous, you are wrong. There is NO way a camera can know what a person's intent is if someone just picks up an item. I've had a business and worked in retail before. You can warn someone, but you cannot have them charged as they have not done anything wrong. I've been told by authorities that someone can place the item in a pocket or a purse and it's still not shoplifting until they try to go past a cashier and out of the store. Sorry.
by Galeanda on November 12th, 2008
Sheila: That may have been your stores policy, but that is not the law. Considering this is the "legal" section of AB, the answers should reflect the law.
by OhLook - IamNoLongerAnonymous on November 12th, 2008
Galeanda: It is true that there is no way for a camera to know intent, because a camera does not have a brain. Feel free to to to find a law that says you must pass the cashier, however, I will save you time by letting you know you won't find it. And FYI: even if you take a product past the cashier, that is not necessarily shoplifting. Again, the crime is committed when you take the item with the intent to steal it. Thus, if you take the item and inadvertently walk out without the intent to steal, then you did not commit a crime, even if you passed the cashier.
by OhLook - IamNoLongerAnonymous on November 12th, 2008