10/21/2026
âTHEYâRE JUST STORE EMPLOYEES. THEY CANâT DETAIN ME.â
That assumption could turn a bad situation into a much bigger one. đđ¨
Florida law gives merchants and their employees certain authority when they have probable cause to believe someone committed retail theft.
Under whatâs commonly called the shopkeeperâs privilege, they may detain a suspected shoplifter in a reasonable manner for a reasonable amount of time for purposes such as recovering merchandise or pursuing prosecution. If the store takes someone into custody, law enforcement must be called to the scene. Florida Legislature
That doesnât mean store security can do whatever they want.
The detention still has to be reasonable.
But if youâre stopped, trying to run, fight, or physically resist can create additional legal problems. Florida law specifically provides criminal penalties in certain circumstances for resisting a merchantâs reasonable effort to recover stolen property. Florida Legislature
So if you believe youâve been wrongly accused, the checkout aisle or parking lot isnât the place to turn the situation into a physical
confrontation.
Stay calm.
Remember what happened.
And if you end up facing criminal charges, let an experienced defense attorney challenge the evidence and determine whether the store and police acted lawfully.
đ Watch the full video to learn more about shoplifting allegations, store detentions, and your rights under Florida law.