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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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Does a department store have legal right to withhold property

Customer Question

Does a department store have legal right to withhold property from someone caught shoplifting then eluded them but leaving behind a state ID and other belongings?
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.



I am an attorney with more than 25 years of experience and I look forward to providing true and correct information for you in this regard


However, I need more information


So the person was caught shoplifting, ran and left behind person ID and now is being charged based on the ID


Has the person been charged?



Customer: replied 3 years ago.

That remains unknown as to wether or not the charges will be filed.Most likely the answer would be yes charges will be filed.However the process of loss prevention had been completed and they were waiting for law enforcement officers to arrive on scene when the perpetrator decided to flee having to leave behind thier own personal property which included State ID.Also upon sending a second party to department store in an attempt to retrieve items left the loss prevention agent informed this person that they would not release that property to anyone other than the owner (shoplifter) also ststing that Anyone attempting to collect items would be held accountable and considered as a secondary party to the shoplifting incident.

Customer: replied 3 years ago.

did you receive my reply as I am losing my internet signal intermitently

Expert:  Sam replied 3 years ago.



I am seeing it now. Thanks for your patience.

Yes, it is legal as it is considered evidence. And they do not have to return it, until the charges are filed and then only at the Discretion of the District Attorney


And so if charges are filed, the owner/suspect will need to contact the DA to see about getting the ID returned