Legal Implications of Leaving Unpaid Items at a Store Checkout
The Legalities of Leaving Unpaid Items at a Store Checkout
Introduction
Many of us have experienced the unexplained pause by a security guard just as we are about to leave a store with items in our possession. The question often arises: if a security guard stops me before I leave a store with goods, could I leave the goods and exit without having stolen anything? This article explores the legal implications of what happens if you leave unpaid items at a store and the potential consequences.
Theft Defined
Stealing is a legal term that essentially means taking something that belongs to someone else without paying for it. Once you pass through a checkout or a pay desk without making a payment, you are considered to have stolen the item. The moment you go past the store's payment point, you are guilty of theft due to your deliberate act of avoiding payment.
According to legal definitions, theft can be committed in several ways:
To wrongfully obtain or exert unauthorized control over the property or services of another, or the value thereof, with intent to deprive him or her of such property or services. By color or aid of deception to obtain control over the property or services of another, or the value thereof, with intent to deprive him or her of such property or services. To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.No matter what you do after that, leaving the goods could still constitute theft, even if you leave them behind and walk away. The act of bypassing the payment has already been a crime.
Security Measures and Reporting
Some stores have stringent security measures in place. Often, the security guard or store manager will detain you right at the exit door, making it impossible for you to leave without being stopped. This tactic minimizes the chances of a "mistake" and maximizes the likelihood of a conviction if you are eventually found guilty of theft.
Citizens' Arrest
If you are caught in the act or after the act, you and the store have the legal right to detain you until police arrive. This is known as a citizens' arrest. The store may also choose to take more drastic measures, such as taking your photo, ID, and having you sign papers stating you will not return to the store, or even demanding a civil suit for damages.
Civil and Criminal Consequences
The store can potentially take civil action, such as sending a civil demand letter threatening to sue you if you do not pay a certain amount, typically the value of the stolen merchandise plus additional costs. Sometimes, the store can recover the cost of providing security, which can range from twice the price of the merchandise to a minimum of $500.
Some stores, such as Asian supermarkets, even go so far as to post your picture on their wall of 'deadbeats' as a publicly shaming measure to deter future theft.
Conclusion
Leaving unpaid items at a store can lead to serious legal consequences. If a security guard stops you and you choose to walk away with the items, you are already guilty of theft. It is crucial to understand the legal implications and always make payment at the designated checkout or pay desk.