What are the shoplifting laws in new york. And what constitutes probable cause to be detained by a retailer?

Answer 1

The original answer below is not a correct assessment of the laws involving shoplifting and probable cause. First, the most common criminal offenses involving shoplifting are Petit Larceny, pursuant to NY Penal Law section 155.25 and Criminal Possession of Stolen Property, pursuant to NY Penal Law 165.40. Both of these crimes are "A" misdemeanors punishable by up to one year in jail. It is important to note, however, that one can be charged with a felony depending on the value of the property. In the context of shoplifting the usual felonies relating to value are Grand Larceny/Criminal Possession of Stolen Property in the Fourth and Third Degrees where the value of the property exceeds $1000 or $3000 respectively. The Fourth Degree is punishable as an "E" felony and up to four years in prison while the Third Degree is a "D" felony punishable by up to seven years in prison. Beyond the criminal charges, department stores have recently gone after the accused with civil charges in the neighborhood of $500.

The standard for probable cause is much lower than the standard to convict at trial. A general definition for probable cause is reasonable belief that a particular person perpetrated or committed a particular crime. In the context of shoplifting at a department store, for example, if the security officers observe you removing sensors on clothing, secreting clothing in a "booster bag," or putting numerous items "hidden" in a bag, walk past cash registers and out to the exit - it is often enough for them to stop you. What is more interesting, from a legal perspective and criminal defense perspective, is that if the store security, acting on their own, recover the stolen property, certain legal remedies are not available. Briefly, when the police recover property from you, your criminal defense attorney can file a motion to obtain a Dunaway Mapp hearing. This hearing will permit your attorney not only to challenge the probable cause for your arrest, but challenge the recovery of the property taken from you. Although there are exceptions, if the security officers recovered the property and they were not acting as an agent of law enforcement, a Mapp hearing may not be granted.

The above analysis is very broad answer to your question. As a New York criminal defense attorney and former prosecutor I have seen too many scenarios involving shoplifting and each requires its own review. Whether you are given a Desk Appearance Ticket or put through the "system," you should contact a local criminal defense attorney. Again, the information above is for educational purposes only and should not be construed in any way as advice. Contact a criminal defense lawyer in New York in the event you are charged with these crimes.

For further reading, visit NewYorkCriminalLawyerBlog.Com for more information on shoplifting, theft related offenses and other crimes in New York.

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In the state of New York a person who takes something from a store and conceals it on there person they are considered a criminal and can be arrested on the spot. It does not have to be a police officer who detains the shoplifter it can be anyone, as long as they see them conceal the merchandise. The only reason anyone can arrest a shoplifter if they see them take it called a citizens arrest, which says that if you are committing a misdemeanor such as shoplifting or a felony anybody can arrest you. The detailed outline of a citizens arrest is that you can follow anybody who commits a misdemeanor in the county that it is committed. And then a felony you can follow anyone in the state that it is committed in. Really the only person that should stop a shoplifter is someone who is trained by the company and knows what the rules and regulations are of apprehending shoplifters. It is very dangerous for people who are untrained to try and stop shoplifters, it can lead to law suet's, so please leave it to the professionals to do there jobs. Also you just committed a crime by shoplifting so you can be forcefully grabbed and brought into the office if need be, or if you resist be ready for hard time.