Can a store security guard arrest you or search your belongings? Here’s what Georgia law says

In 2022, Georgia retailers lost more than $1.6 million in merchandise to shoplifting, 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 $3 billion was devoted to squashing retail crime via security and anti-theft devices and the state lost more than $326 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 Georgia 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.

Georgia is one of the few states that regulates unarmed security. The Georgia State Board of Private Detective and Security Agencies oversee employee registration and employer licensing.

Unarmed guards, watchmen and patrolmen do not have to register with the agency, but they must be trained, pass background checks, pass substance use tests, be at least 18 years old and be a U.S. citizen.

Like any citizen, the Department of Public Safety requires armed guards to have a firearms permit.

In addition to the requirements for becoming an unarmed guard, the armed security guards have to be at least 21 years old, have a driver’s license and a weapons carry license, and pass firearm training.

Armed guards are required to register with the Georgia State Board of Private Detective and Security Agencies.

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.

If the security guard or an employee witnessed shoplifting (or a dine-and-dash at restaurants), the guard can detain you.

Can a store security guard arrest you?

After the Ahmaud Arbery case where a jogger was shot and killed by residents attempting to make a citizen’s arrest, Georgia became the first state in the country to ban the practice.

On May 10, 2021, Gov. Brian Kemp signed a law to repeal citizen’s arrests.

Security guards, private investigators, employees at businesses and those conducting business on someone else’s property lost the right to “arrest” someone with this repeal, but they can still “detain” suspects until law enforcement arrives.

Can a store security guard or employee detain you if they suspect, but haven’t witnessed you shoplifting?

Yes, if they believe a crime has been committed, they are allowed to detain a suspect. The person had to “conduct himself or herself or behaved in such manner as to cause a person of reasonable prudence to believe” that the suspect, at or immediately prior to the time of the detention, was committing an offense (that’s any offense, not just shoplifting).

But, they have to contact law enforcement within a “reasonable amount of time” of holding the person, or let them go.

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 to detain you, but no right to arrest you.

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