Legal Definitions - merchant's defense

Merchant's defense is a principle that protects store owners from being held liable for detaining a suspected shoplifter if there is probable cause to believe that the person has stolen something from the store. This allows the store owner to hold the suspected shoplifter until law enforcement arrives to investigate the matter.

A store owner notices a customer acting suspiciously, putting items in their bag without paying for them. The store owner approaches the customer and asks to see inside their bag. The customer refuses, and the store owner detains them until the police arrive. If the police find stolen items in the customer's bag, the store owner is protected by merchant's defense.

Another example could be a store owner who sees a customer conceal an item in their pocket and leave the store without paying. The store owner detains the customer and calls the police. If the police find the stolen item on the customer, the store owner is protected by merchant's defense.

These examples illustrate how merchant's defense allows store owners to protect their merchandise and detain suspected shoplifters without fear of being held liable for false imprisonment or other charges.