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Can store security detain you if they believe you shoplifted?

Imagine that you are shopping at your favorite store in Florida, and as you head for the exit, a security guard stops you. They accuse you of shoplifting and insist on checking your bags. This situation can be embarrassing, frightening and confusing. Security in stores tends to be more rigid than ever because stores across Florida lost over $5 billion in revenue due to theft in 2022.

Many shoppers wonder about their rights when store security stops them. Do stores in Florida have the right to detain someone they suspect of shoplifting?

What are store security rights?

In Florida, shopkeepers’ privilege gives store owners and their employees certain rights when they have a reason to believe someone has shoplifted. This legal concept aims to balance the interests of businesses, which need to protect their merchandise, with the rights of innocent customers.

When can store security detain you?

If a store employee or security personnel has probable cause or a reasonable belief that you have shoplifted, they can detain you for a reasonable amount of time. This detention serves to investigate the situation, recover any stolen items and, if necessary, wait for law enforcement to arrive. It is important to note that this does not mean they can hold you for an extended period. The detention should be long enough to ascertain the facts of the situation and no longer.

What constitutes a reasonable belief?

For store security to detain you, they must have a reasonable belief that you have shoplifted. This could be direct observation, such as seeing you conceal an item without paying for it. Indirect evidence, like an alarm going off as you exit, can also give rise to a reasonable belief. However, mere suspicion without any factual basis is not enough.

What are your rights during detention?

While the store has the right to detain you briefly, they must treat you with respect. They cannot use excessive force, and they should not make false accusations. If store personnel treat you unfairly or cause you harm during this process, they could face legal consequences.

Being accused of shoplifting can be a distressing experience, but understanding your rights and the rights of store security can help you navigate such situations more confidently. Always remember to stay calm and cooperative, but also be aware of your rights to ensure fair treatment.



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