431.02 Shoplifting Procedures

The actual booking arrest of the shoplifter is seldom done by a beat or patrol officer. As a general rule, the patrol or beat officer will receive a call to go to a store for a shoplifter. As a rule, the store owner or employee has effected the arrest prior to the officer’s arrival.

Upon receiving the call from the dispatcher to go to a location for a shoplifter, the officer will report to the store’s loss protection department unless otherwise told. The officer will bring a copy of the citizen’s arrest form. The citizen’s arrest form is to be filled out by the person making the arrest. The facts and circumstances will be collected along with names, addresses, and phone numbers of all people involved.  Copies of any store security reports, security video, photographs, etc. will be turned into the media vault, property and/or records unit.

Evidence:      

Petty Theft:

In those cases where evidence is recovered in a retail outlet, the evidence is to be retained by the store, until the case is disposed of at which time the merchandise can be returned to stock. The officer should so advise the store or protection personnel and mention the evidence recovery in her/his report. Often times this evidence is perishable and may be better stored by the store personnel. The above policy has been recommended by the city prosecutor.

Felonious Theft:

In shoplifting cases where the defendant is apprehended in the act of theft, photographs of the actual stolen property may be introduced as evidence in lieu of the actual stolen property. In order to guarantee admissibility of the photographs, the Ramsey County Attorney’s Office requires that:

  • Photographs of all of the stolen property and the photograph depict any unique characteristics of the property, such as serial numbers, if possible.

  • At least one photograph must depict the stolen property with the owner also appearing in the photograph. It is sufficient that the owner be a person from store security who can identify the property and testify in court.

  • A written police report will be made by the police officer who returns the property indicating the time and date of the return of the property, the place of return, the name, address, and phone number of the person obtaining the property, and the name of the person who took the photographs.

  • The store retaining property will be advised that the property not be returned to inventory until the case is disposed of (after sentencing).

In all other felonious theft cases the property should be seized as evidence in order to preserve the chain of custody, make possible fingerprint analysis and prevent alteration of the evidence.

Note: If an officer has any doubt in her/his mind as to whether the theft committed is a felony or petty theft, s/he should handle the evidence as a felony.

At headquarters:

If the shoplifter is going to be booked for the arrest, the shoplifter will be brought to the law enforcement center.  If the shoplifter is a juvenile the youth services section will be notified. If the youth services section is closed, the watch commander and/or the district supervisor will advise on the arrest.

All store reports, citizen arrest forms, trespass notice(s) and other associated paperwork should be scanned into the media vault. Once it is verified by the officer that the scanned copy is an exact copy of the original, the original can be destroyed. The officer will document in their report that they verified the uploaded file. Any digital recordings, photographic evidence, CD/DVD, will be collected and stored as evidence in the property room and/or media vault. 

Disposition:

Disposition of juveniles will be made by the youth services section, after the RAI is completed. If the youth services section is closed, the watch commander or the district supervisor will advise on the arrest.  If the juvenile is booked for the arrest they may be taken to the Juvenile Service Center.

Report writing and disposition of evidence:

Police reports should be completed on the records management system or an offense/incident report form if computers are not operational. All evidence is to be properly marked, tagged, and turned into the store if it’s their merchandise, and then photographed and stored at their location.  If the store will not hold the items then the evidence should be placed in the property room or property lockers, and perishables stored in the refrigerator in the property room.  All reports should state where the property was placed. The report should state if the juvenile is held, booked, or released on scene.

Revised November 30, 2018

Last Edited: November 30, 2018