Retail theft is taken seriously in California, particularly after the passage of laws expanding penalties for organized retail theft under Penal Code 490.4 and related statutes. But the way a retail theft case begins often has nothing to do with police. It starts with loss prevention, the security arm of a retail store. If you have been detained or accused by loss prevention in San Bernardino or anywhere in Southern California, a dedicated defense lawyer will tell you that understanding how they build these cases is one of your strongest tools for protecting yourself. Consulting a full-service criminal defense law firm early can make a significant difference in how your case is handled.
What Loss Prevention Teams Actually Do
Loss prevention (LP) teams are employed by retailers to detect and prevent theft. They are trained to observe and document suspicious behavior on the sales floor, in fitting rooms, and at exits. They are not police officers. They do not have the same legal authority as law enforcement, and they are subject to different rules about what they can and cannot do.
LP personnel operate using a combination of physical surveillance, video monitoring, and floor observation. They are trained in specific retail theft methods, including how shoplifters typically select, conceal, and attempt to remove merchandise. Their goal is to build enough documentation to stop a suspect, detain them, and contact police.
How Loss Prevention Builds a Case Against You
LP teams are trained to follow a specific observation protocol before detaining anyone. Most retailers require LP personnel to directly observe the person selecting merchandise, see the person conceal it or place it in a bag or container, watch them maintain continuous control of the item, see them pass the last point of sale, and then stop the person at or near the exit.
This process is designed to support the argument that the suspect intended to steal the item rather than simply forget to pay. If LP failed to follow this protocol, or if steps are missing from their written account, the documentation underlying the case may be open to challenge. That is why it matters who stopped you, when they stopped you, where you were when they made contact, and exactly what they claim to have observed.
What Evidence Is Used in Retail Theft Cases
LP teams document their observations in written incident reports, and most retailers retain video footage of the suspected theft. This footage can show what happened, and it can also show what did not happen. If the video does not support the LP officer's account of what they observed, that is a meaningful gap in the prosecution's case.
Electronic article surveillance tags and receipt records can also serve as evidence. In larger organized retail theft cases, LP may work with law enforcement and retain footage over an extended period to build a pattern of conduct that supports more serious charges.
Receipts, membership account activity, and purchase histories can sometimes support the defense. If you can show you purchased the item or intended to pay for it, that goes directly to the intent element of the charge.
Limits on Loss Prevention Authority in California
LP personnel are private security, not law enforcement. Under California law, a merchant or their agents can detain a suspect for a reasonable time if they have probable cause to believe the person has shoplifted, under Penal Code 490.5. This is called merchant's privilege. But that detention must be conducted in a reasonable manner and for a reasonable period of time.
LP personnel cannot use excessive force to detain someone. They cannot search your vehicle without your consent. Anything you say to LP during a detention can be used against you. You are not required to answer their questions. Many people harm their own cases during LP detention by trying to explain themselves, returning merchandise, or apologizing, all of which can be interpreted as admissions.
What Happens After Loss Prevention Contacts Police
When police arrive at the scene of an LP detention, the LP officer typically provides their written incident report and any available video footage. The police officer then makes an independent decision about whether to issue a citation, make an arrest, or decline to take action.
In misdemeanor shoplifting cases, police often issue a citation rather than making an arrest. In felony grand theft cases or cases involving organized retail theft, an arrest is more likely. Once police are involved, the case moves into the criminal justice system, and your statements to police from that point forward are fully admissible.
How We Defend Retail Theft Charges in San Bernardino
Retail theft cases are often perceived as straightforward, but many contain real weaknesses. The LP officer's account of what they observed, the quality and completeness of the video footage, whether the detention itself was lawful, and what you did or did not say all factor into how the case is built and how it can be challenged.
We review every piece of evidence in retail theft cases, including requesting the full video and the LP incident report. We look at where the stop occurred, whether protocol was followed, and whether the dollar amounts support a misdemeanor or felony charge.
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