Private Patrol Operator Practice Test

What does the 'Merchant's Privilege Rule' allow a merchant to do?

1. Make arrests without warrants

2. Detain suspected shoplifters

3. Search shoppers without consent

4. Engage in surveillance without notice

The correct answer is: Detain suspected shoplifters

The Merchant's Privilege Rule allows a merchant to detain suspected shoplifters under specific conditions. This legal principle acknowledges that merchants have the right to protect their property and inventory from theft. When a merchant has reasonable suspicion that someone is attempting to steal merchandise, they are permitted to detain that individual for a brief period to conduct an investigation, such as checking a receipt or waiting for law enforcement to arrive. This privilege is designed to balance the rights of individuals with the interests of businesses in preventing theft. However, it is essential that the detention is executed reasonably, without exceeding the scope of what is necessary to confirm or deny the suspicion of theft. The rule is firmly rooted in the intent to reduce consumer theft while safeguarding the legal rights of customers against unlawful detention.