Pennsylvania Retail Theft Detention & Questioning Laws
- Merchants can detain those suspected of shoplifting in Pennsylvania.handcuffs image by William Berry from Fotolia.com
In the United States, it's generally unlawful for an individual to detain someone against their will. Restraining someone without justification or consent is known as false imprisonment under the law and it applies to both government officials and civilians. However, there are a number of instances where detention is permitted. For example, in Pennsylvania, shopkeepers and merchants are given a privilege under the law to detain someone they suspect of shoplifting. - The Shopkeeper's Rule, which is codified in many states, including Pennsylvania, allows merchants to detain someone they suspect has shoplifted. Merchants have the privilege to detain a suspect in order to investigate the situation so long as it's done in the store and within a reasonable amount of time. However, the detention and interrogation must be peaceful to the limits possible and the merchant cannot use deadly force, such as a gun, under any circumstances.
- Under 18 Pa. Cons. Stat. § 3929(d), peace officers, merchants and agents and employees of the merchant are permitted to detain an individual they suspect has shoplifted. The detainer must have probable cause to believe the theft has occurred, is occurring or is about to occur in order to detain the suspect. The law requires the detainer to act in a reasonable manner and within a reasonable time of the alleged shoplifting.
- The detainer can detain only as long as it is reasonably necessary to ask the suspect to identify himself and verify that information, to determine if the suspect has in fact shoplifted and, if so, to recover the merchandise and call the police if necessary.
Shopkeeper's Rule
Pennsylvania Theft Law
Length of Detention
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