Friday, June 29, 2012
What is probable cause in a shoplifting case? part 2
There are a number of steps that a merchant must go through to show that they had probable cause to bring shoplifting charges against someone.
1. They must have observed the person select the item from the store. This is how they can establish for sure that the item came from their store.
2. They must have observed the person conceal the item. This might include putting something in your purse or pocket, or removing the tags from something and then attempting to leave with it in plain sight.
3. The person must have attempted to leave the premises without paying for the merchandise while still under surveillance.
Eric Aretsky has been practicing law in Bergen County since 1991. After earning his Juris Doctorate from New York Law School in 1990, Mr. Aretsky served as a judicial law clerk for the Honorable Conrad W. Krafte (Retired)
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