Guidelines on Dealing With Suspected Shoplifters

, New York Law Journal

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Steven M. Christman and Jillian M. Mark write: Within the past few years, the media has paid particular attention to merchants' treatment of suspected shoplifters. This comes in the wake of an uptick in so-called "flash mobs" of teenage shoplifters, and of accusations of retail outlets engaging in so-called "consumer racial profiling." Although these are extreme examples, there is undoubtedly some confusion about the rights of a merchant who suspects a customer of shoplifting, and the rights of a consumer who is detained or questioned on such suspicions.

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