Security guards vs. shoplifters: What can guards do?

Security guards are often seen standing at store entrances and patrolling establishments’ property, especially more during the holidays when store thefts tend to increase.

But in Washington state, security guards don’t have the same authority as commissioned police officers when it comes to stopping a shoplifter.

Except for helping in medical emergencies and breaches of the peace, security guards essentially have the same rights to act on crime as a citizen, according to SQ Attorneys, a team of Seattle criminal defense attorneys.

A breach of peace generally equates to an action that causes alarm or threatens a disturbance to the community. So a security guard could conduct a citizen’s arrest and wait for a law enforcement officer to take the suspect into custody if a suspect crossed that threshold.

At a store, a guard can detain a shoplifting suspect if he or she has “reasonable grounds” to believe the suspect stole or was trying to steal from the store, according to state law. Those reasonable grounds includes knowledge the suspect has concealed possession of unpurchased merchandise from the store.

Under such circumstances, guards can ask a suspect to wait for an officer to arrive, but they cannot hold them against their will or use force, SQ Attorneys says.

A store’s own policies on theft prevention and enforcement, in accordance with state law, often determine the actions of the guard, owner or employee.

In Spokane, city police officers provide police services to retail stores, churches, concert venues, school events and other entities that request those services, according to Spokane police spokeswoman Julie Humphreys.

Services can include theft prevention and enforcement, crowd control, and site safety during construction or maintenance operations.

Humphreys wrote in an email that a business or organization can contract with the department to pay for the extra security service. The officers working those store hours do so outside their normal shifts, called “extra duty,” so patrol staffing is not affected.

Last week at a North Spokane Walmart, a police officer working extra duty as part of a shoplifting prevention effort attempted to detain an armed shoplifter with another officer.

A scuffle ensued, and the suspect shook off being hit by stun guns before running away. When the officers caught up with him, another fight ensued and an officer ended up fatally shooting the man. An investigation is ongoing.

Security guards have become more commonplace at Washington businesses, according to Mark Johnson, senior vice president of policy and government affairs at the Washington Retail Association.

Johnson said increased thefts have caused more retailers to hire security personnel.

He said retailers with extreme theft issues have hired armed and unarmed guards as a “last resort” to keep their business open and provide a safe working and shopping environment.

He said hiring security is costly and doesn’t provide an “ideal” shopping environment, which is why many stores use it as a final step before shutting down.

Johnson said the National Retail Federation reported Washington retailers last year lost about $3 billion to theft, which equated to over $300 million in uncollected tax revenues for state and local governments.

“If it’s (hiring security) or closing a store, they’re going to invest,” Johnson said.

Spokane police and the Spokane County Sheriff’s Office conduct retail theft emphasis specials that typically end in multiple arrests.

Humphreys said thefts often increase during the holiday season because thieves see gifts in unoccupied cars and feel like they can steal unnoticed in a busy store.

“A lot of it is a crime of opportunity and that’s why we see an increase,” she said.