A store owner or store worker can stop and hold someone for a short time if they have a good reason to think that person stole or is stealing from the store. The stop has to be done in a reasonable way and not last too long. If someone is caught hiding store items they did not pay for, that counts as evidence of stealing. The store can also call the police and start criminal charges against that person. As long as the store acts reasonably, it cannot be sued or charged with a crime for doing any of these things.
537.125. Shoplifting — of suspect by — . — 1. As used in this section:
(1) "" means any mercantile place of business in, at or from which goods, wares and are sold, offered for sale or delivered from and sold or ;
(2) "Merchandise" means all goods, wares and merchandise offered for sale or displayed by a merchant;
(3) "Merchant" means any , , or person who is engaged in the business of selling goods, wares and merchandise in a mercantile establishment;
(4) "" includes of merchandise or money and any other wrongful of merchandise or money.
2. Any merchant, his or employee, who has or to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money. Any such reasonable detention shall not constitute an or detention, nor shall it render the merchant, his agent or employee, criminally or to the person so .
3. Any person concealing unpurchased merchandise of any mercantile establishment, either on the or outside the premises of such , shall be to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of 1, and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time, of such person by a merchant, his agent or employee, in that recovery of such merchandise may be , and any such reasonable detention shall not be to be unlawful, nor render such merchant, his agent or employee criminally or civilly liable.
4. Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed a wrongful taking of property, as defined in this section, and who has detained such person and investigated such wrongful taking, may contact law officers and instigate criminal s against such person. Any such contact of law enforcement authorities or instigation of a judicial proceeding shall not constitute , nor shall it render the merchant, his agent or employee criminally or civilly liable to the person so detained or against whom proceedings are instigated.
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Source & history notes
(L. 1961 p. 571 §§ 1, 2, 3, A.L. 1985 H.B. 225) (1972) This section adds to previously existing law a presumption that the willful concealment of property supplies the intent to steal. It is still, however, a jury issue as to whether there existed a willful concealment. The presumption is rebuttable by evidence such as that accused placed the tape recorder batteries in his pocket to aid in inspecting a magazine on a rack, and that he had no intent to steal. Schwane v. Broger Company (A.), 480 S.W.2d 113. (1978) It was error for trial court to read a portion of statute, but counsel failed to state the proper objection at time evidence was admitted. Bly v. Skaggs Drug Centers, Inc. (A.), 562 S.W.2d 723.
Related Missouri laws
Citation of law
RSMo 537.1250
Civil action for damages for passing bad checks, only original holder may bring action
RSMo 537.123
Stealing, civil liability
RSMo 537.127
Physician not liable for restraint of mentally incapacitated persons
RSMo 537.120
Liability for damages caused by riotous assemblage
RSMo 537.130
Volunteers, limited personal liability, certain organizations and government entities, exceptions
RSMo 537.118
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.