What does the 'merchant's privilege rule' allow a merchant or their agent to do?

The merchant's privilege rule allows a merchant or their agent to detain suspected shoplifters for a reasonable amount of time to investigate the situation. This legal principle is designed to enable retailers to protect their assets by addressing theft proactively while safeguarding the rights of customers.

Under this rule, a merchant or their designated staff can detain a suspected shoplifter if they have reasonable grounds for the suspicion and the detention is conducted in a reasonable manner that does not violate the individual's rights. This action must also be limited to a time frame that allows for an investigation, typically until law enforcement can arrive.

Detaining for investigation is distinctly different from other options that suggest greater authority or the use of force. The merchant's privilege does not extend to actions like searching customers' bags or using deadly force, as those would be considered unlawful and a violation of individuals' rights. The focus of the merchant's privilege is specifically on preventing theft while maintaining a lawful approach to confrontation.