Salt Lake Shoplifting Defense Attorney Utah
Detention by Store Security for Retail Theft in Utah
Shoplifting ("retail theft") charges under Utah law can be filed either
at the misdemeanor or felony level depending on the value of the
merchandise involved and the prior criminal history of the defendant.
If you are facing prosecution for retail theft, the assistance of an
experienced criminal defense attorney is vital. Based in Salt Lake
City, criminal lawyer Stephen Howard provides legal services to client
throughout Utah. Contact us today to arrange for an initial
confidential attorney consultation.
Many retail theft prosecutions begin with an initial detention
by store
security personnel even before police are contacted regarding the
alleged shoplifting. Legal issues arising from such private detentions
can increase the severity of the criminal prosecution.
Can store security detain by force a person suspected of
shoplifting or retail theft in Utah?

Many
retail stores have company policies that restrict or discourage
ordinary employees from pursuing, detaining, or otherwise attempting to
engage a suspected shoplifter. For company liability reasons, many
stores permit only trained security personnel from confronting a person
suspected of retail theft.
But under Utah Code 76-6-603, any "merchant" (generally interpreted as
including any store employee or other person acting on behalf of a
retail merchant) can detain a person who is suspected of violating
Utah's retail theft statute. While Utah case law suggests that some
level of physical force can be used in making this kind of detention,
the statute does place limits on this authority.
Reasonableness
- The statute granting a merchant the authority to detain a suspected
shoplifter requires that any detention be done in "a reasonable manner"
and only for a "reasonable length of time." What may be considered
reasonable may depend on the specific facts and circumstances of each
individual case.
Probable Cause
- Before using force to detain a suspected shoplifter, a store employee
must have evidence or information sufficient to give the merchant
probable cause to believe that the person has committed an act of
retail theft. Probable cause requirements in this context are generally
treated differently than the probable cause requirements imposed on
police under the Fourth Amendment. While a violation of Fourth
Amendment rights committed by police may lead to a successful motion to
suppress, Utah case law suggests that detention by a store employee
under Utah Code 76-6-603 will not be considered government action, and
therefore is likely not subject to the exclusionary rule.
Store Premises
- Utah law provides that a merchant can detain the suspected shoplifter
either while the person is still on the store premises, or after they
have left. While the statute does not provide any specific restrictions
on how far off the premises a suspect may be when detained by the
merchant, it does require that off-premises must be made while in
"immediate" pursuit of the suspect.
Purpose of the Detention
- The purpose of the detention must be related to suspected shoplifting
or retail theft. But the Utah statute governing such detentions gives
broad authority, allowing detention for the following purposes:
- to make reasonable inquiry as to whether such person
has in his possession unpurchased merchandise and to make reasonable
investigation of the ownership of such merchandise;
- to request identification;
- to verify such identification;
- to make a reasonable request of such person to place or
keep in full view any merchandise such individual may have removed, or
which the merchant has reason to believe he may have removed, from its
place of display or elsewhere, whether for examination, purchase, or
for any other reasonable purpose;
- to inform a peace officer of the detention of the
person and surrender that person to the custody of a peace officer; and
- in the case of a minor, to inform a peace officer, the
parents, guardian, or other private person interested in the welfare of
that minor immediately, if possible, of this detention and to surrender
custody of such minor to such person.
If you are detained by store security personnel on suspicion of
shoplifting, it is important that you not use any physical force in
resisting or attempting to leave. Using force (or even merely
threatening to use force) against a store employee or other person in
the course of committing, attempting to commit, or fleeing following
the commission of a retail theft can result in much more serious
charges of robbery. Under Utah law, a robbery charge begins at the
second-degree felony level, and carries a penalty of up to 15 years in
prison.
Potential Penalties for a Shoplifting Conviction
Penalties for retail theft in Utah can include felony prison time for
repeat offenders or for thefts of high-value merchandise. But most
retail theft and shoplifting charges are filed as misdemeanors. Most
cases involve merchandise valued at less than $500, and therefore
involve class B misdemeanor charges.
A class B misdemeanor retail theft charge is punishable by up to 180
days in jail, and nearly $2000 in fines and surcharges. Jail time is
not mandatory in shoplifting cases. Instead, a judge imposing sentence
has discretion to grant the opportunity of probation in lieu of jail
time actually being served.
In some cases, a plea-in-abeyance agreement may be granted. A
plea-in-abeyance is a negotiated settlement that requires the agreement
of the prosecutor and the consent of the court. If a plea-in-abeyance
is successfully completed, in most cases this will result in a complete
dismissal of the charges.
Choosing a Criminal Attorney for Shoplifting Charges
Any criminal case should be taken seriously. Even misdemeanor charges
carry the possibility of criminal record, jail time, substantial fines,
and more. Having an
experienced criminal
attorney on your side can help ensure that your rights are protected
and that you have the best chance of a successful outcome.
With offices centrally located in Salt Lake City,
criminal
defense lawyer Stephen Howard provides legal services to
clients throughout Utah. He has successfully protected his clients'
rights in thousands of serious felony and misdemeanor cases.
RELATED CRIMINAL DEFENSE TOPICS