Can Store Security Officers Legally Detain You for Shoplifting in Florida?

As you browsed store merchandise or headed toward the door, a security guard grabbed your arm and told you to “come with them.” They accused you of shoplifting, but they’re not the police, and they didn’t read you your rights.

If you’re facing accusations of theft, it’s critical to understand what store security can and can’t do. Some store security guards act consistently with Florida law, and others overstep their authority. A West Palm Beach shoplifting defense lawyer at the Law Offices of Robert David Malove can help you understand and protect your rights if you’re charged with grand theft or petit theft after an alleged shoplifting incident.

Shopkeeper’s Privilege: When Store Security Guards Can Detain Alleged Shoplifters

Under Florida law, private security officers and store loss prevention personnel have limited authority to detain someone suspected of theft, but only under strict conditions.

Florida Statute § 812.015 allows merchants and their employees to detain someone temporarily if they have “probable cause” to believe the person committed retail theft. This is often called the “shopkeeper’s privilege.”

To legally detain you, store personnel must:

1. Have probable cause. There must be a reasonable belief that you took merchandise without paying for it. This could include observing you concealing items, skipping checkout payment, or bypassing anti-theft devices.
2. Act in a limited time frame. They can only detain you for a “reasonable” amount of time, usually just long enough to investigate the incident or wait for law enforcement to arrive.
3. Use no excessive force. They can’t use physical violence, threats, or restraints unless you pose a danger or attempt to flee.

If a security officer lacks probable cause, detains you for too long, or uses excessive force, their actions could be considered unlawful, and your criminal defense attorney may be able to use that as part of your defense strategy.

What to Do if a Store Security Guard Stops You for Shoplifting

If a store security guard approaches you:

• Stay calm and don’t resist. Arguing or fleeing can escalate the situation and lead to more serious charges.
• Ask if you're free to leave. If the answer is no, ask why you’re being detained.
• Do not admit guilt or make statements. Anything you say can be used against you later. Wait to speak with an attorney.
• Call a criminal defense lawyer. The sooner you get legal help, the better your chances of protecting your record and avoiding jail.

A detention does not mean you will be charged with or convicted of a crime.

What Happens If You’re Illegally Detained

Unlawful detainment doesn’t automatically erase a shoplifting charge but may weaken the prosecution’s case. A skilled West Palm Beach criminal defense lawyer can investigate whether your rights were violated and potentially file a motion to suppress evidence or have the charges dropped altogether.

Additionally, if a store employee detains you without legal justification, it could be considered false imprisonment, assault, battery, or defamation. An experienced lawyer will consider whether you were the victim of any of these crimes and take appropriate actions to protect your rights.

Shoplifting Penalties – Now Is the Time to Defend Yourself

In Florida, retail theft charges vary based on the value of the stolen items:

• Goods under $100. If the alleged stolen goods are valued under $100, you may be charged with petit theft (second-degree misdemeanor). The potential penalties are up to 60 days in jail and a $500 fine.
• Goods valued between $100-$749. Items of this valuation are also petit theft, but the charges are raised to a first-degree misdemeanor. The potential penalties are up to one year in jail and a $1,000 fine.
• Goods valued at $750 or more. Once goods reach this valuation, you may be charged with grand theft, which is a third-degree felony. The potential penalties for this crime include up to five years in jail and a $5,000 fine.

Additional consequences may include a permanent criminal record, loss of job opportunities, loss of educational opportunities, and having to return or pay the store for the alleged stolen goods.

How to Defend Yourself if You’re Charged With Shoplifting in West Palm Beach or Elsewhere in South Florida

If you’ve been accused of shoplifting, don’t assume you’re out of options. Depending on the circumstances of your case, there are several defenses a West Palm Beach criminal defense attorney might use, including:

• Lack of intent. You must have intended to steal. If you forgot to pay or made a mistake at self-checkout, that may not meet the legal threshold for theft.
• Mistaken identity. In high-traffic stores, it’s easy for staff to wrongly accuse a person based on surveillance footage or quick observations.
• Unlawful detainment. If the store security violated your rights, your attorney may argue to exclude evidence or challenge the credibility of their testimony.
• Lack of evidence. The prosecution must prove each element of theft beyond a reasonable doubt. Weak or circumstantial evidence may be insufficient for a conviction.

Facing a theft charge can feel overwhelming, especially if you were treated unfairly or misunderstood. At the Law Offices of Robert David Malove, our experienced West Palm Beach shoplifting defense lawyers know how to advise you on the next steps after a theft charge, challenge the prosecution's case, and fight for your future.