Can a store security guard arrest you or search your belongings? Here’s what Mississippi law says
In 2022, Mississippi retailers lost $484,514,826 in merchandise to shoplifters, according to the U.S. Chamber of Commerce.
More than half of small business owners reported an increase in retail theft. In fact, the National Retail Federation said the average shrink rate (or loss of merchandise) increased from 1.4% in 2021 to 1.6% in 2022.
But, the losses didn’t end there. More than $1.1 billion was devoted to squashing retail crime via security and anti-theft devices and the state lost more than $71 million in tax revenue.
The increase in theft and the security to prevent it impacts your shopping experience, from the $10 tube of lipstick locked up and requiring store assistance to buy to the receipt checker who stops you as you exit.
If you’ve ever wondered what theft prevention entails and how much of it you have to tolerate, here are a few answers.
When it comes to shoplifting, what authority does a store actually have?
According to Mississippi law, a store owner or employee can take a shoplifter into custody and detain them until law enforcement arrives, if they have witnessed or detected the crime.
Mississippi does not regulate or require any form of licensing for an unarmed security guard.
Like any citizen, armed guards are required by the Department of Public Safety to have a firearms permit.
Security guards act as representatives of the store owner. They can ban you from entering and call authorities if you trespass after being banned. In places like Costco or Sam’s Club, they can revoke your membership.
Can a store security guard arrest you?
Yes, but they must witness the crime, not merely suspect you are guilty.
The arrest is considered a citizen’s arrest, according to private security company NSG. In other words, the guard has as much right to arrest you as you have to arrest them.
In a citizen’s arrest, they can detain you without using force until law enforcement is called and arrives to handle the situation.
A security guard has as much right as any person on the street. They can defend themselves if you attack, but cannot use force to detain you. A guard is also prohibited from taking you to the police station. That would essentially be considered kidnapping.
Can a store security guard or employee detain you if they suspect, but haven’t witnessed you shoplifting?
If your actions trigger any form of theft detection device, the store owner or employee has enough probable cause to detain you, according to Mississippi code § 97-23-93.
According to the law, detaining a shoplifter “does not render such law enforcement officer, merchant or merchant’s employee criminally or civilly liable for false arrest, false imprisonment, unlawful detention, malicious prosecution, intentional infliction of emotional distress or defamation.”
If theft detection has not identified a crime, the store employee can ask for your compliance, but not demand it. If there is no surveillance or witness to the suspected crime, they cannot perform a citizen’s arrest or even attempt to detain you. They can press charges and provide a description to law enforcement. But without proof, it’s their word against yours and it leaves the business vulnerable to lawsuits.
Can a store security guard search your belongings?
No, especially if you have not left the store. You have to give permission.
Do you have to comply with a store receipt checker?
No, you do not. If the checker suspects a crime, they can report it to their loss prevention officers and provide a description. If surveillance cameras have any evidence of the suspected crime, loss prevention can call in authorities and file a report.
If the checker witnessed you stealing, they have as much authority as a security officer or citizen to arrest or detain you.
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