SHOPLIFTING:
              How to Detect It--How to Prosecute,
                      and How To Stop It Cold.

           (C) Copyright 1993 by  Mike Enlow, Private Investigator

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                             DISCLAIMER

This document was written by an expert, quite knowledgable in the methods
and techniques of good, successful investigation. The author has based this
material solely upon his discoveries and experiences in the trade but is not
an attorney. Thus no legal advice is offered herein.

Be cautioned therefore, that this document neither asserts the legality of
any of the methods described herein, nor does it advocate any usage of
techniques without first seeking competent legal advice and adherence to
the law.

The author, editor, and service providers, unequivocally disclaim any
responsibility for damages resulting from the use of any of the techniques
or the consequences of implementing anything contained herein. This writing
is provided strictly for informational purposes only.

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     I have received numerous requests for information
regarding shoplifting and theft deterrent procedures. So
I've prepared a complete study on the subject.

                      Let's Be Serious.

     Shoplifting is like a cancer eating away the profits of
retail businesses.  Shrinkage continues to be an escalating
problem among retailers.  This enemy is both real and
dangerous.  Now, how do we bring this flood of shortages
under control?

     Well, first, let me expound on the three critical areas
in which most lose merchandise and money.

                      Shoplifting
                      Employee theft
                      Paperwork errors

     You should be constantly aware of these three elements.
For it is their combined power that has the ability to
destroy you.

     However, we will first examine the shoplifter.  Who are
they?  How can you detect them? How do they shoplift?  How do
we prevent shoplifting? And, most importantly, how do we
apprehend and prosecute the shoplifter?

                  Who are these shoplifters?

     First of all, we must define in our own mind that these
people are out-right thieves.  We too often call them
misguided children or hungry people or depressed wives.  You
see, terms like these cause us to view these people as
troubled souls crying out for help.  When they are actually
nothing less than criminals that could close down and destroy
your store.  They may be young, they may be simple-minded,
they could be old and, they could be intelligent.  They can
be rich, they can be poor, they can be community leaders, or
they can be the community derelict, but they're all
considered one word and that is thieves.  No matter who they
are, they are thieves.

     James Cleary identifies three categories of shoplifters
in his book concerning prosecuting shoplifters.  He said
there is the average citizen shoplifter which accounts for
75% of the arrests made for shoplifting.  The full-time
amateur shoplifter who accounts for 20% of the arrests.  And
the professional shoplifter who accounts for 5% of the
arrests.

Now, let's take a closer look at each of the three.

               The average citizen shoplifter.

     Now this is the biggest category and probably the ones
that the greatest danger exists.  So let's consider them
first.

     According to statistical studies, "Twenty-five to
thirty-three percent of all persons apprehended for
shoplifting are women between the ages of 20 and 50. The only
identifiable larger group is teenagers."

     The housewife, they said, has turned to shoplifting as a
way to supplement her income.  In a survey conducted by the
Lawrence Conners Institute of Shoplifters Anonymous, we find
some interesting facts.

     1)  The average single theft is $26.35.  Now just in one
sampling of a store, we found that a store averages a loss of
$27.88 per day.  So that means that each store has a
shoplifter
in it, and they steal $27.88 from you everyday in
merchandise and money.

     2) On the average, the person who shoplifts has
shoplifted 98.8 times before they're ever caught.  This tells
us if you find somebody that stole a $5.00 item, you have
found someone who has stolen hundreds of dollars before
being caught.

     3)  58.3% are females while 41.7% are male.

     4)  57% said they shoplifted once a month, before being
         caught.

     The age breakdown was as follows:

     1) 17.7% were juveniles (below the age of 15)

     2) 28.7% were between the ages of 16 and 20

     3) 44.3% were between the ages of 21 and 54

     4)  9.3% were over 50

     Now, suppose you add the first two categories together,
that's clearly 46.4% of the people were below the age of 20
when they were arrested for shoplifting.

     Ninety percent of all shoplifters have money to pay for
what they've stolen.  Look at this:

     1)  28% of the people arrested for shoplifting are in
         the high income bracket;

     2)  45% were in the middle-income bracket, and;

     3)  27% the lowest number, were in the poor-income
         bracket.

     Now from these figures, the average shoplifter is a
middle-aged female, 35 years of age or younger, and most
likely a teenager.  They have no criminal record and probably
shop in your store on a regular basis.  The average
shoplifter that comes in to steal from you would be defined
as one of your "regular" everyday customers.  Now, let's look
at the . . .

                Full-time amateur shoplifter.

     These people have a prior history of shoplifting
convictions.  These are the people that your employees say,
"we know these people steal."  Now, remember, we're only
talking about 20% of those apprehended.  They're typically a
well-dressed young woman or young adult.

     The difference between these and the everyday citizen
shoplifter is the motive.  The full-time amateur comes in
your store with the intent to steal.  The average citizen
shoplifter, which comprises the biggest amount, doesn't make
up their mind to steal until after they got in your store and
they see that they have the opportunity available to steal.
This is called "impulse stealing" to the average citizen
shoplifter.

     The full-time amateur will usually steal personal items
for personal use.  They'll steal jewelry, they'll steal
things like clothing and other items they can use themselves.

                 The professional shoplifter.

     These are the real "pro's"  They make up a small 5% of
those that are arrested for stealing.  They steal for one
reason only, and that's money.  Most of these people work in
pairs and are well dressed and, needless to say, well
trained.  They are often habitual drug users who support
their habit from shoplifting your merchandise.  They travel
from store to store and from town to town.  This is the way
they make their living.  Just like you own or work in stores,
these people steal from stores in order to make their living.

     How can we detect who shoplifts?  First of all, let me
begin with explaining a common problem.  Many retailers
believe they can actually tell who shoplifts by what they're
wearing or their race, or some other outward key.  It would
amaze you how many people tell me, day after day, "I know who
shoplifts."  But the thing that bothers me is that when I
look at their shrinkage record, their store consistently has
higher and higher shrinkage.  This tells me that those people
do not know who shoplifts.

     If you know who shoplifts, you're going to watch them.
And if you watch who shoplifts, you're going to stop them
from stealing.  So, apparently, we don't know, or if we do
know, we're not watching them . . . two plus two equals four.

     No, the thief doesn't come with some kind of mark on him
so that you can detect him.  When he walks into your store, a
neon sign doesn't flash that says, "I'm a thief, and I've
come to steal you blind."  There's no common dress code and
no national origin.   Beware of this attitude, we often have
a false sense of security.  In other words, when we see
people come in our store, we often feel like they're okay.
For example: Most people pay absolutely no attention to
someone wearing a nurse's uniform.  No one thinks a nurse
would steal.  People that come in wearing white lab coats are
professionals, certainly they don't steal.  Business owners
who see someone wearing a military, police or fireman's
uniform tend to ignore them and consider them a safe risk.

     It's engraved in our minds that these people are
servants to the community, they're to help us.  They're not
there to hurt us.  When people come into your store wearing
suits, of any type, or people that have some type of
religious behavior, we again, feel that false sense of
security.  If we see someone wearing a cross, a collar turned
around backwards, or someone carrying a Bible, we immediately
assume that these people won't steal.  "Religious people"
also give us a false sense of security and certainly we don't
believe that those people would ever be thieves.

     On the other hand, these are things that create a false
sense of alarm in us.  If someone comes in that has a dirty
appearance, nasty, or their clothes are tattered and torn.
They may have T-shirts and jeans on.  They may have longsunkempt hair or beards.
     Now what happens to us is a mental thing.  We feel
a false sense of security around symbols of peace and safety
and often a false sense of alarm around symbols of what we
consider rebellion.  What we must do is conquer our own minds
in order to see through the appearance and find the thief
that's behind it.  Now we'll never be effective if we don't
learn to control what we're thinking, if we don't learn to
control our own emotions, our own minds.

     Now, let's get back to the shoplifter.  There's one
common trait that runs through every shoplifter.  One trait.
They do not want to be caught.  I don't care whether they're
rich or poor, whether they're well dressed wearing a uniform,
or whether they're in ragged out clothes, it doesn't matter.
The one thing a shoplifter doesn't want is to be caught.

     Now, the vast majority of shoplifters behave in a
certain way, that will allow the alert employee to pick up on
those actions and recognize their intent.

     With their eyes, they must locate the employee in the
store so as to avoid detection. Now when a shoplifter comes
in your store from out of town, somebody that's not familiar
with your store, they've got to "check things out." They've
got to know exactly who is an employee and who isn't.

     They've got to look around to locate who's who.  They see an
employee waiting on a customer or an employee with a
name tag on, and they say, "Okay, that's an employee." So,
once they have surveyed the store and they know where the
employees are, then they can go about doing their work.

     I must remind you, the greatest danger is those people
who come in your store everyday, who shoplift frequently from
your store.  They already know who the employees are.  They
know the store and your business habits.  They can walk right
into your store and immediately pick up on what's going on.
These are the tough ones. So, how do we stop these people
from shoplifting?  Actually, there are many ways, but the
simplest way is . . .

                      Watch their hands!

     Can a person shoplift if he doesn't have hands?  You cut
a person's arms off so he doesn't have hands,  he can't
shoplift with his feet.  He can't shoplift with his teeth!
If a person comes in your store without hands, you don't have
to watch him, otherwise, look out!

     You have to watch people all the time.  If a person
drops his hands out of sight, whether it is behind a garment
rack, whether it is behind a counter, whatever it is, if you
look up and you see a customer standing there with his hands
down and out of sight, then YOU MUST REACT IMMEDIATELY!  You
must watch the potential shoplifter.

     The average employee likes to be a "Dick Tracy," they
like to play detective.  So, they slip around corners and
peek around the racks trying to watch people discreetly.  But
I'm telling you, if you see someone with his hands down,
you've got to move from where you are and let go of whatever
you're doing. You've got to go where they are, walk around
that rack, and get to where you can see their hands.

     Unless you can see their hands, they can steal
merchandise and you cannot testify in Court that you saw them
take that merchandise.  You see what I'm saying?  You've got
to get to where you can see their hands.  That's the only way
you're going to stop them.

     If their hands have an open container of any kind, a
purse, a bag, a Coke cup, a popcorn bag, a box, whatever,
you've got to get to where you can see.  If you can't see
their hands, you can't see what they're putting in those open
containers.

     When a lady walks in your store and she walks in with
her purse unzipped and open and hanging open, be advised that
you'd better stay with her.  If you don't, you're leaving
yourself open to letting her take anything she wants.  The
majority of the time, when someone enters your store with her
purse open, she's come in your store to steal!  Otherwise,
why wouldn't they have their bag closed to keep anybody else
from seeing into their purse or taking anything out of their
purse.

     The usual shoplifter will move to an area that is
unattended in order to shoplift.  So when you see someone
moving to a deserted area, an area where there's no employees
or customers, then you've got to respond immediately.  If
you're tagging merchandise, you can't say, well, I'll get
through here and then I'll go.  You've got to go right then.
And you've got to get close enough to that particular
shoplifter to be able to watch their hands.

     You can't stand at the cash register and stop people
from stealing in the back of the store.  You can't even stand
on one side of the counter and stop people from stealing on
the other side.  You've got to go where they are.  So, we've
got to learn to respond and move when we see these things
happening.

              Strategies of A Shoplifter...

     Well, there are as many different ways to shoplift as
there are shoplifters.  Professional shoplifters may use
booster boxes, booster coats, special pockets, hooks sewn
into their garments, elastic waistbands, tight-legged pants,
so they can just fill up their clothes.  People can come in
and in their garments have big extra pockets sewn in and slip
things right in.  A lady can come into the store who's not
pregnant at all, but who's wearing maternity clothes and have
pockets sewn in those clothes so she can leave looking like
she's nine months pregnant.  So you have to realize these are
the way professionals steal.

     But, most shoplifting is done in simple moves.  They
simply take a piece of jewelry, take it in their hand, it's
called "palming" and they turn around and walk out of the
store.  They put merchandise in purses, or umbrellas.  An
umbrella is such a simple way to steal.  You walk in a store
with your umbrella unfolded and holding the handle, you just
drop merchandise down in it and you walk out with the
umbrella and no one suspects it.

     Diaper bags are great tools for shoplifters.  Something
about infants keeps people from thinking that a thief would
use an infant to steal.  But there's been untold numbers of
cases where a mother would take an infant, lay the
merchandise between her and the infant, put the infant over
it and walk right out the door.  And in diaper bags or open
sacks, they simply drop the merchandise and walk out!  They
even put merchandise in their children's pockets.

     Another simple trick to conceal merchandise is to wear
low-cut blouses and simply stuff things into the bosom.  So,
when you see somebody with a real low-cut top, let something
click in your mind.  (Not that!) Watch for this one, a lady
feels this is a most secure place to hide stolen merchandise.
Haven't we all seen our grandmothers stuffing cash in there .
. . Real secure, right?

     Shoplifters will put on new clothes underneath their own
clothes and walk right out!  The Number One place where
shoplifting occurs in most retail outlet apparel stores is in
the dressing room.  I've often entered dressing rooms and
seen hundreds of dollars worth of price tags.  Why?

     Have you ever wondered why the shoplifter removes the
tag from the merchandise?  It's because most of them know you
merchandise on or put it in a bag or something and leave the
store.

     Usually, only the professional has the knowledge to
remove the tag, and if that's only 5% of the shoplifters, and
we were to find a hundred dollars worth of tags in that
store.  Think about it, that's only 5% of the merchandise
that was stolen in that dressing room!  If we found a hundred
dollars in your dressing room, that means two thousand
dollars worth of merchandise left out of that particular

dressing room.  This is a huge loss for any business,
regardless of your profit margin.

     Another warning, these shoplifters often shop in a team.
One will cause confusion while the other shoplifts. One will
get into an argument--or fuss with the children--or knock
something over, to create a diversion.  Meanwhile, the other
person does the shoplifting undetected, while the employee's
attention is diverted.  This is one of the more unlikely
techniques, but it still happens.

             Now why do these people shoplift?

     There's got to be a reason why people would steal. Why
do they steal?  Now these are the confessions of arrested
shoplifters.  Here's what they said:

     It was convenient.  An easy mark.  They'll never miss
it.  This was the largest confession.  It was convenient.
Thirty-six percent of arrested shoplifters said the reason
they stole was the store made it easy.

     They were angry.  They wanted to beat the system.  To
get even with somebody.  Twenty-five percent of shoplifters
interviewed said this.

     It was just for the thrill of it.  Fourteen percent said
they did it "for the thrill."   Do you know that even now
college fraternities--our most highly educated people--play
silly games about shoplifting.  They make a joke of stealing,
and some even require it as an initiation procedure.
If you're business is in a college town, you should keep this
in mind.  Fourteen percent of students interviewed said they
did it for the thrill.

     They had no money, but wanted the item.  Twelve percent
used this as their excuse.

     The line was too long.  They didn't want to wait.  Nine
percent claimed that as their excuse for shoplifting.

     Nine percent also said they had depression or personal
problems or mental illness of some sort that caused them to
steal.

     Others say stores just write it off on their taxes.
Some said they had spent plenty of money in the store and
felt entitled to get a little of it back.

              There is no good reason to steal.
                 No motive will make it okay.

     Regardless of the amount of merchandise or money stolen,
there is no excuse for people to steal.  Now it's easy to
say, "well it's not much, it's just $1.29."  "I'm not going
prosecute her for that."  Or just as easy to say, "why he's
just a kid, I'll just let him go."

                     Never, never forget.
   These people are thieves, and they're stealing from you!

     It doesn't matter if they're six or sixty.  It doesn't
matter if they're the pastor--a pauper--or a lawyer. A person
who steals is a thief.  They steal because they want to . . .
That's why they steal.  All the other reasons may be to them
good reasons.  They may say, "I was depressed."  But the
bottom line is they are thieves.  We must leave the social
rehabilitation to the state, our goal is to stop shoplifting.

                    Shoplifting Prevention

     So, how do we prevent shoplifting?  First of all,
we need to change the way we think about who shoplifts and
why they do it.  The shoplifter is a thief, and he enjoys it.

     One of the greatest things you as a business owner can
do for you, and your success is to prosecute shoplifters!
Make 'em pay!  Become recognized as someone who simply
doesn't tolerate such behavior.  Trust me, the word will get
around . . . and before you know it, no one will dare to
attempt to steal from you.

     If you want to prevent shoplifting, once you catch the
shoplifter, you're going to prosecute them!  If the state
wants to let them go, that's okay.  But whatever you do,
don't let these people con you.  The children who victimize
you and your business and then beg you with those big eyes
not to call the police.  Watch it!  Your compassion can
sometimes be your greatest enemy.  These kids must learn
their lesson.  If they don't learn it now, well, next time it
will probably be grand theft.

     Don't be conned!  A shoplifter will get right outside
your store, get in their gang again, and talk about how
stupid you are for letting them go.  No matter how much they
cry, no matter how much they beg, you remember--they are
thieves! In doing this you're going to stop shoplifting.

     Before we discuss the important issues in prosecuting a
shoplifter, allow me to introduce you to a number of ideas
that have proven to reduce shoplifting.

     First, you should ask yourself the following questions.

     1)  Do we provide good customer service?  Nothing will
help you stop shoplifting anymore than this.  This is simple,
easy.  It's not antagonistic.

     2)  Do we speak to the customer when they come in the
door?  Do we acknowledge all our customers, even in busy
times, by saying a polite, "Come in," or "How are you?" or
"I'll be with you in a minute."  This is often enough to
discourage the would-be shoplifter.  Now remember, the most
important thing to a shoplifter is, they want privacy.  Whey
they come in the store and you acknowledge them, the first
thing you've done is let them know that you know they're in
the store.  It is basically a psychological effect, but
you've acknowledged their presence and taken away that
feeling of security--You've taken away that feeling of
privacy.

     3)  Service them.  Do we walk up and ask the customer,
"Can I help you make a selection?"  If you see someone at the
jewelry counter, you should walk up and say, "Can I help you
pick out a pair of earrings?"  If you can call the product by
name it's better.  You don't want an innocent customer
getting the feeling that you don't trust them . . . although
too many times you can't.  An honest customer will be
appreciative of the service.  And the shoplifter will know
you're alert and present to see any "hanky-panky."

     4)  Survey them.  Do we constantly look around our
store?  Watching loiterers, or those who just wander through
your store.  Never turn your back on a customer, how can you
be watching with your back to them?  Be aware of how many
customers are in your store.   Watch those who you see going
to an unattended department.  To stop shoplifting you must be
forever conscious of what I call the 3 S's.  You know, like
SSS Tonic.

      Speak to them when they come in.
      Service their needs.
      Survey what's going on in our store.

     5) Do we provide good cash register service?  Service
should be kept fast and efficient especially when you're
dealing with young people.  There should never be over two or
three in a line, at maximum.

     Do you remember me telling you that one of the reasons
shoplifters said they stole was the line was too long?  It's
so easy for a person to be stealing while standing in line at
a check-out.  You're busy with a customer, and they just take
the merchandise, slide it in  a pocket, pay for a pack of
gum, and walk right out of the store.  So remember, Good cash
register service!

     The register area should  be kept clear of clutter and
old sales slips.  The only thing that should be on your
check-out counter is the equipment you need to expedite your
services. Other than that, there should be absolutely nothing
else on check-out counters except the merchandise that your
customers buy.

     Once the purchase is made, the bag should be stapled,
and the receipt stapled on top of the folded bag.

     The register must be kept closed and opened only to make
change for a purchase.  Never bag merchandise with an open
register!  It's a common practice in some stores where they
leave the register standing open while they're bagging up and
waiting on the customer.  Never make that mistake!  And if
you are in charge of a given register, make sure it's locked,
so that no one can open it by just punching a button.

     5)  Do we pay special attention to our display and
layout of merchandise?  Expensive merchandise is always in
the high theft category.  Expensive merchandise like jewelry,
watches, Nintendo tapes, cassettes, VCR's, etc., should be
better secured and within view of an employee as much as
possible.

     Merchandise should never be stacked over 54 inches high.
This allows for your sales people to see throughout the
store.  If you have merchandise in your store stacked above
54 inches, move it . . . move it now!  You may even have to
raise it, but whatever you do, make sure that you can see
through your entire store.

     Shelves and tables should be kept neat and orderly.
Empty spaces should be refilled promptly.  It is a definite
deterrent to shoplifting if a shoplifter steals something
from a full shelf where it can be easily noticed.  If you
have shoes on the entire counter and someone removes a pair,
you can see something is missing.  On the other hand, if your
shoe display is jumbled up on the shelf or in a basket, you
won't even notice a missing pair.

     If merchandise is found away from its regular
department, it should be returned immediately.  You need to
realize that the shoplifter often will take something out of
one department, walk over to another, lay it down, and then
stand back to see if anyone watches.  If there is no one
watching, the shoplifter will go back and pick up the
merchandise . . .  and you just suffered another loss.

     The dressing room is probably, like I said before, the
number-one place where people steal.  How are we going to
deter this shoplifting?  How are we going to prevent
shoplifting in the dressing rooms?  Well, I'll show you.

     First of all, you should only allow two garments at a
time in a dressing room.  You can put up a sign.  "Two
Garments at a Time."  So when a customer walks up to you with
the garments to go into the dressing room, you can take the
garment from the customer, remove hangers and then feel those
garments.   Think now.  There could be jewelry in the
pockets--There may be bras or other clothing stuffed into the
legs or trousers, etc.

     You always want to do these things in a non-conspicuous
manner.  For example: You may turn blue jeans upside-down; as
you take the hanger off, let them drop.  Pick them back up.
These sort of moves can be done spontaneously and without
drawing a lot of attention.

     You're probably going to be amazed at all the
merchandise that's going in the dressing room that you didn't
think was going in there.  When you are checking the patron
who is entering the dressing room, you may say something
like:  "I'll take those off the hangers for you . . . we
always replace them for you when you're through . . . our
boss feels like it's a courtesy we owe our valuable
customers."

     Think about it.  Doing this, it doesn't matter where you
go in the store, the customer knows inside that dressing room
that when he/she comes out, you're standing there with two
hangers to hang up those two items of merchandise.

     Now, if you will do all these things in your store you
are on your way to preventing shoplifting.  But should
someone slide a slick one by you, what do you do?  Well,
you .  . .

                       Bust the creep!

     Let's talk now about apprehending the shoplifter and
prosecuting:  When everything else fails, and the thief
actually steals and you see that thief steal, what do you do?
Alright!  Here's what I want you to do first, I want you to
think.  That's right, you should think very carefully.

     The moment you witness a theft, your adrenaline glands
begin filling your body with extra energy.  There's nothing
that makes you feel quite like you feel when you witness a
theft.  You take it personally, you feel like someone slapped
you in the face, you don't know what's coming. Too often,
you're tempted to react to the theft and not to act with
resolve to be sure that you're able to punish that shoplifter
and at the same time not put yourself in an embarrassing
legal situation.

     Now there is absolutely no question.  Understand this.
Once you witness a theft, you want you to prosecute the
thief.  But there are procedures you can follow to be sure
you get a conviction.  Otherwise, you will sometimes find
yourself in a lawsuit by a "guilty suspect" because you
failed to follow procedure.

     These procedures are not optional, but must be learned,
practiced and re-learned.  Every issue is critical!  Every
step must be followed!  I haven't written these terms for you
because they were just convenient, they can make the
difference between prosecution and dismissal.  These are the
legal issues that you should study to avoid liability suits.
While I have considerable experience in security techniques
and procedures, I am not an attorney, and do not offer legal
advice.  The following procedures were gleaned from years of
investigating and working to secure businesses.  Therefore,
when in doubt, seek the legal advice of a competent
professional attorney.

                     Two cardinal rules!

(1)  Never accuse anyone of stealing.  You could be wrong.

(2)  Never touch a shoplifter.  Never put your hands on them
     or chase them in a dangerous situation.

     The first decision you've got to make is whether or not
we detain the suspected shoplifter.  Do we detain the
suspected shoplifter?  Make that decision only after you're
sure of the following:

     A)  You (or your trustworthy employee) saw them remove
the merchandise from a rack or shelf with their hands.  You
saw them physically take the merchandise and remove it from
the display rack with their hands.

     B)  You saw them conceal that merchandise.  You saw them
go past the last checkout counter with no attempt to pay.
For example: In Mississippi, the state law says that once
they've concealed the merchandise, they're guilty of
shoplifting.  In Alabama and Louisiana and Arkansas, it
doesn't say that.  But in Mississippi, the law says that.
The problem isn't with the law, the law's good.  The problem
is with the judges and how they interpret and respond to the
law.  As the owner or manager of a retail store, you need to
learn how your judge will respond to this.  In most cases,
you must let them get past the last check-out counter before
you can obtain a conviction.

     C)  Your observation of the shoplifting act and
shoplifter must have been constant.  Whoever saw them conceal
the merchandise must have constant observation of them up
until the point that you are ready to detain them.

     If you saw all the above, then detain the suspect.
Detain them as they reach the door.  Or just as they begin to
exit the door.

     Now, what should you say to this person?  I've been
asked this question hundreds and hundreds of times.  Here's
how you should deal with the shoplifter.

     Don't scream or use harsh accusatory language.
Remember, at this point, you're still investigating, not
making an arrest.  Never run up to the door and say, "Hey, I
caught you stealing!"   Say something like: "Sir, ma'am, Miss
or Mr. (whichever the case may be), I need you to step to the
back with me."  Or, perhaps, you should say something like:
"Pardon me, I need to speak to you in private for a moment,
please."  Now, remember, do not touch the suspect!  You don't
want a scene in front of the store.  You should simply lead
the way immediately, after you tell the suspect "I need to
speak to you in private."

     You take the lead, you draw the suspect away from the
front of the store toward the back.  If the suspect says,
"No," or becomes violent and they say, "Well, I'm not going
anywhere with you," then simply tell them, in a quiet
controlled voice, "That's okay.  We've called the police, and
they're on the way."  This will usually be enough emphasis to
get this suspect to walk away from the front of the store and
follow you to the back.

   And, if the suspect says no, and breaks and runs . . .

     Suppose they bolt out the door and run down the street,
what should you do?  You should step outside, look again at
the suspect.  Note what kind of pants they are wearing--What
kind of shirt--What kind of shoes--What kind of dress--their
facial features.

     Don't get excited and just get overwrought with this
thing.  Maybe they jumped in a car.  What kind of car was it?
If they drove past you, what was the license plate number?
You see, it's not your job to pursue and apprehend these
shoplifters.  Your job is to get enough evidence to prosecute
them.  The police will do the rest.

     Once you've got the description and all other details,
write them down!  Be sure to write them down in long hand,
being as descriptive about the whole incident as possible.
Then, once the police arrive, give that information to them.

     Now, let's suppose the suspect goes to the back with
you with no trouble.   First, be sure you take someone else
in with you and the suspect.  Should the police arrive, you
and the policeman are enough to take the suspect to the back
room.

     It is very important that someone go in with you and the
suspect.  If they fight the case in court, they're almost
always going to accuse you of everything from assault to
"planting something."  Trust me, I've been through this one,
it happens almost every time.  And to prevent litigation it
is too easy to simply have a witness to verify that you
didn't behave in any uncommon or out-of-the way manner.

     The next step is to investigate the facts.  You explain
why you need to talk to this person.  "One of our employees
saw you put a pack of cigarettes in your pocket, (or purse or
bag.)  We need that merchandise."  If they produce the
merchandise, take it and lay it aside for a minute.  If they
say they laid it down somewhere out front, then get them to
show you (and your witness) where they put it.  If they
refuse to produce the stolen article, if they say, "No, I
don't have anything on me," or "No, I didn't take anything,"
then just wait and the police can get there and the police
will usually search them.

     So you see it is very important to be sure.  If you saw
the suspect take and conceal the merchandise and you're sure
that at no time they discarded the merchandise, then the
police will find it and further substantiate your case.

     Most of the time a shoplifter is going to say something
in his/her defense, "I forgot to pay for it . . . or, I was
going to pay for it, but I forgot."   Now, this is very
important so pay close attention.  This, in Court, is a
denial of the intent to shoplift.  Or, he's going to say, "I
bought it at another store."  And that brings into question
the ownership of the merchandise--a critical issue!

     Be sure to listen to what the suspect says and write
down their answers.  Be deliberate and be detailed.  Because
a judge is going to consider their side of the story the same
as yours.  Sometimes we forget that.  The judge is going to
listen to both sides of the story and weigh the evidence.

     No matter how good a friend you may think the Judge is,
when he gets to Court, he's going to be listening to both
sides on an equal basis.  Examine the merchandise, and all
other evidence.  To prove ownership, you will need to produce
a price tag that matches another of the same item.  There
will need to be some markings in the label, or some type of
invoice or other tag that shows this merchandise belongs to
you.  If you don't have that, you don't have evidence that
it's your merchandise.

     I will provide you a generic suspect questioning
checklist that you should use when you interview a
shoplifter.  Don't try to be too smart and remember
everything or you may find your case "thrown out" on some
technicality.

Just follow these questions, they're simple questions, and
write the answers down.

1)  What is your name?

2)  Where are you from? -- Why are you asking them this?
    This is a common investigative tactic to calm the
    situation down and at the same time get them to co-
    operate.  Once you get their name, begin calling them by
    name in a friendly tone.

3)  (Mrs. Doe), one of our employees saw you take (and write-
in that merchandise, whatever it was) and saw you conceal it
in your pocket.  Now we've got to have that toothpaste.  So,
you've got to produce that merchandise for us, or else we've
got to know where you put it."

4)  Now, if they produce the merchandise (note right there,
if they produce merchandise) then you can go ahead with the
next question.  And even if they deny having it, go on to the
next question and wait for the police to arrive and do the
search.  However, if they do produce the merchandise, you
should then ask,

5)  "Why did you take the merchandise?"  Write their response
on your interview sheet.  Make sure you listen to what
they're saying.  Now, what they're going to do is probably
either deny the intent to steal, (i.e., "I intended to, but I
forgot.")  Or they'll claim ownership and say, "This is mine,
I had it already . . . I bought this somewhere else." Now, if
you have a witness to the crime, and the merchandise taken is
clearly identified as your product, and you're satisfied that
the suspect's claim cannot be verified in Court, then simply
say this, "Our company policy is to prosecute in all these
situations."  Never say "Our company policy is to prosecute a
thief."  You may be proven wrong.  Remember, you should say,
"OUR COMPANY POLICY IS TO PROSECUTE IN ALL THESE SITUATIONS."
Then, turn them over to the police, sign the affidavit or
arrest warrant and the police will take it from there.

     Now, you've got to make the decision to either prosecute
or to release the suspect.  The decision is not up to the
police.  It's not the police's decision to take these people
to jail.  It's up to you.

     Here's what you've got to do first:

     1)  You've got to review the prosecution's evidence.
The prosecution's evidence must prove the following:

The accused person stole from your store.
He has valid testimony of yourself or a competent employee
that they saw them remove the item from the display and
conceal it.

The defendant (or accused) passed the last checkout with no
attempt to pay?

Can you prove the item (evidence) is yours?  (It must have a
price tag or identifiable in some other way as being yours)

     If you do not have all of the above, then you should
make the decision NOW to release the subject.  If you have
all of the above, then continue preparing for your case.

     Review the defense evidence.  The defense evidence is
what the suspected shoplifter's lawyer is going to say when
they're in Court.  Listen to it.  Here you must set aside
your emotions for a minute, and ask yourself, "Will a judge
believe what the shoplifter is saying?   Will he believe it?"
Remember, the burden of proof is on the store, not on the
shoplifter, and admission of guilt at the store may not be
allowed as evidence in a trial.  Even if the shoplifter
admits the theft in the store, it doesn't mean when you get
to Court he's going to tell the same story.  Neither, does it
mean that your testimony, that he admitted it, is going to be
allowed as evidence in Court.

     Did the suspect deny the intent to shoplift?  Did the
suspect say "I've forgot to pay for it?  Or, "I intended to
item, he's saying, "I took it.  I just didn't pay for it."

     At the same time, he's denying the criminal intent to
steal.  He's saying, "I simply made a mistake. I forgot."
Is your evidence strong enough to prove intent?  If they
offered an excuse, please check it out.  They may have said,
"My husband is coming and we're going to pay for it all by
check, so I was just waiting for him."  Was her husband
coming?  Somebody may have said, "I was just going outside to
spit."  These are things you have to decide whether a judge
or jury will believe.

     Did the suspect claim ownership?  Did he say, "I bought
it earlier at another store."  They may tell you they have a
receipt in a car.  Let somebody go look and get it.  They may
tell you that their grandmother can verify that they bought
it earlier.  Now, you've got to remember, the judge and jury
are going to listen to what grandmother's got to say, just
like they're going to listen to you.  Ask grandma.  If the
merchandise has no store markings on it, and you have no
physical way of establishing the item is yours, then let it
go.

     However, if at this point you look at the facts and
decide to prosecute, then have them arrested by an officer
and sign the necessary papers.  If you look at the facts and
decide you do not have sufficient evidence to prosecute, then
release the suspect.  All you have to say is, "I'm sorry to
have inconvenienced you, but we must investigate all these
types of reports."

     Now, here's some specific things to remember.  Even
though the law states that to conceal an item is considered
shoplifting, in Court, concealment does not equal guilt.  You
can testify to it.  They cannot say, "I think I saw or I
suspicion."  These are not words to use.  You must prove
ownership.  For this, you must have the merchandise, a tag
that is yours . . . an empty package of some kind.  There
must be physical evidence that this is the store's
merchandise.  Once you've recovered the merchandise as
evidence, mark it in some way, initial the price tag, a piece
of tape on it, something so you can identify that particular
item in court.

     The defense lawyer is going to say, "Can you prove this
is the pen that they stole?" And you'll say, "Yes, that's the
pen."  And he's going to say, "How do you know it's the same
pen?"  And you need to be able to look at the price tag and
say, "When we recovered the merchandise, I wrote my name and
date on it right here."  So always make sure the evidence is
marked in some way.
     The value of the merchandise will determine the fine or
the punishment of the shoplifter.  Not your accusations, but
the value of the merchandise that was stolen.  The decision
to detain and investigate is based on what is seen on the
selling floor.  Somebody sees somebody do something
suspicious like, you see them take something, put it in their
pocket.  You feel like these people have stolen that garment.
You make the decision to detain them and investigate based on
that.  The decision to prosecute, however, or to release is
based on the facts of the investigation.  In the final
analysis, you must make the decision based on facts--legal
facts.  Unfortunately, sometimes you will find it is best not
to prosecute.

       Remember to verify each of the following points!
                       Very Important!

     Possession of merchandise:  Was it removed from the
place of display with the hands?  Yes or No.  (You either saw
it or you didn't.)

     Concealment:  Where was the exact place it was
clothing or some other place.  Where did you see them put it?
Was there more than one person involved, if applicable?  (Was
there a look-out, diversion, joint participation, etc.)

     Continuing concealment:  What did the suspect do after
concealing the merchandise?  Where did it go?
Did they leave almost immediately?  Yes or No.

     Did they loiter for awhile?  Yes or No.

     Did the suspect have other merchandise in his possession
that was not concealed?  Yes or No.  Describe this
merchandise and what he was doing with it.

     Did they have an opportunity to pay?  Yes or No.

     Was the suspect given an opportunity to pay before being
detained?  Yes or No.

     If the answer is no, then you need to write down why you
didn't give him a chance to get to the cash register.  It may
have been that he had a shopping bag and he stuffed some
merchandise in it and he folded it back up and you made the
decision then that it was enough evidence to prove that he
was stealing from you.  Write this stuff down.

     Did the suspect pass the last cash register without
paying?  Yes or No.

     For those stores who have the cash register at the very
door, did the suspect go through or around the checkout
counter without paying?  Was the place of detention outside
or inside the store?

     Did we have a constant and unbroken observation?
Was the suspect out of my sight at any time?  If he was, then
you need to explain why and when.

     Recovery of the merchandise and price tag. Was the
merchandise recovered?  Either you have it or you don't.
Did it have a price tag on it?  Was it one of ours?
Will the suspect's explanation be a problem?  In other words,
can you prove intent?  Can you prove that this person
intended to steal from you?

     Can you prove ownership?  That this merchandise actually
belongs to us.

     Does the suspect have a valid witness?  Yes or No.

     Did the suspect have merchandise in their possession.

     What was the value of that merchandise?

     Once you've established each of these items of proof you
should have no problem getting restitution and/or a
conviction of the shoplifter.

   What are your rights as a merchant?  You do not have the
             right to accuse anyone of stealing.

     You do not have the right to accuse anyone of stealing.
Guilt will be determined by a judge or jury.  DO NOT SAY, "I
CAUGHT YOU STEALING."  You can say, "I saw that."  "Is this
the first time you've done that?"  "Would you like to leave
those earrings at the register?"  "Would you like for me to
find you some socks to go with those shoes?"  Anything you
want to say, except, "You are a thief."  You cannot say that.

     If a judge or a jury rules in the defendants favor, and
says you're wrong, you could be guilty of defamation of
character.  You do not have the right to be ugly or say
abusive things, to curse or physically assault the suspect.
You can call the police and you can investigate the possible
loss of merchandise.

     Now, once you have definitely determined that an act of
shoplifting has occurred, you do have the right to detain and
to investigate the act.  You have that right!  Without
incurring any civil liability.  Again, it is often the manner
in which we conduct ourselves that is important, in this
case.  You must always remain in absolute control of the
situation.

     Now, what if you go to Court.  Let's say you've gone
through all of these exercises and you couldn't prevent the
shoplifting.  You actually caught the shoplifter and you have
the evidence.  The shoplifter doesn't plead guilty and he
doesn't want to pay the fine.  What do you do?

     Well, again, this thing is real simple.  Immediately
after every arrest, everyone involved needs to write down
what they saw and when they saw it.  Now when you get to
Court, it will seem foolish to you, but the defense attorney
is going to work hard to make you confused about the crime
you saw their client commit.

     Immediately, everyone that's involved should sit down
and write the details regarding their knowledge of the case.
Everyone's story must match up!  "I saw him about 11:15.
Everyone needs to agree to that, if possible."

     That's when the shoplifting occurred. The call time and
date are logged with the dispatcher. The dispatch log will
circumstantially support your story.

     Everything must be documented.  Time is important.
Everyone compare notes and resolve any differences RIGHT NOW.
If you think you saw them at 11:35 and the other person
thinks they saw them at 11:36.  Now you've got to resolve
that.  Both of you must agree on the time.  Now don't wait
until you get to Court for some defense lawyer to make it
look to a jury like you're confused and don't know what was
happening.  Work these things out the day you make the

arrest.  Make sure you agree on everything.  Make sure it's
all written down.

            Final advice . . . Pay close attention!

     Please, don't think, I'll never forget this stuff.  You
will forget it!  And lawyers are there to confuse you.  Write
it down, put it in the safe, when it comes time to go to
Court, pull that information out, re-read it all over again.
In a Courtroom there's one major rule you must follow, it
doesn't matter whether you win or lose . . . DON'T LIE!

     Regardless of whether you win or lose, you've made a
tremendous impact.  You've let the shoplifters know that
you're serious about this matter of shoplifting.  Keep up
with the evidence, above all things, and be sure that it's
labeled and identifiable if you have to go to Court.

     Now, with all these tools, anyone can virtually stop
shoplifting. If you can prevent it and you can stop them from
stealing, then all this other doesn't have to occur.  If a
theft occurs and we have the evidence to prove it occurred in
our store, then we want to prosecute the thief.  Read and re-
read these instructions.  Let them become a part of your
character, so, when you're walking around in the store you
don't have to think, "I'm going to go read the newsletter
again."  Let it become a part of you.

     Usually, after a few successful prosecutions, you will
see a dramatic decrease in shoplifting crime in your
business.

     Meanwhile, make notes and implement these procedures as
soon as possible.  The more you successfully prosecute
shoplifters the smaller the likelihood that another thug will
go for your goods.

     There's more to follow, so stay tuned.

                              Securely yours,

                              Michael E. Enlow
                              Legal Investigator

P.S.  Please don't hesitate to call if you have questions
      or send e-mail to michael@enlow.com.

Peace!

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