What is the penalty for a merchant who incorrectly detains a suspect?

The penalty for a merchant who incorrectly detains a suspect is that they may face civil lawsuits. This is because wrongful detention, which includes holding someone against their will without just cause, can lead to legal action from the detained individual. The person may sue for damages in civil court, claiming that their rights were violated and that they experienced harm or distress as a result of the unjust detention. Holding a suspect based on suspicion alone does not provide a legal shield for merchants if it is determined that the detention was unlawful.

The potential for civil lawsuits serves as a warning for merchants to exercise caution and act within the law when detaining individuals, ensuring they have reasonable cause and following proper procedures to avoid legal repercussions. This liability underlines the importance of training and awareness in loss prevention and security practices to mitigate such risks.