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 consumers 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.

2 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 mens 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

3 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 shoplifters 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.

4 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 with a close-circuit television camera. It can be programmed photograph one position of the store at regular intervals, or set to switch from camera to camera, lingering a few seconds each to provide a record of spot checks for the entire store. up to be at

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

5 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 setup can protect devices like expensive electronic items. Valuable display may be protected in alarm cases which can only be opened by the salespersons 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 cashiers 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 stores 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

6 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 shoplifters 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 popularity. The shoplifter simply exchanges price priced item for the tag on the item he wants. One is to write in a new price on the tag. This works during sale.

7 is rising in tags on a lower variant of this especially well

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

8 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 stores 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 innocent person as it is to miss a shoplifter. D.

to

apprehend

9 an

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 stores. 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

10 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 havent 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.

11 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 Childrens 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 dont 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

12 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

13 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 stores management must be within the scope of citizens 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. Plainclothes 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

14 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, hogties, 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

15 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

16 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 shoplifters 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.

17 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

18 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. Mens 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

19 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 shoplifters 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

20 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 stores 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

21 which entails observation of the stores 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 faade 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: http://www.crimedoctor.com/guard1.htm Probable Cost

Chris

E McGoey. Shoplifting: Detention http://www.crimedoctor.com/guard1.htm E McGoey. Shoplifting: False http://www.crimedoctor.com/guard1.htm

and

Arrest

Chris

Imprisonment

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 12212 Robert L. DiLonardo. 2005; Illegitimately disappear from their shelves, along with their profits. Aftermarket Business. Gale Group, (727) 709-6961, e-mail at rdilonar@tampabay.rr.com.