Shoplifting: How to delicately check customers without violating their rights?

In the retail sector, theft is a common issue. It is difficult to monitor all customers simultaneously, even with surveillance cameras. Chasing a client who has already left the store is complicated, and nobody will search for a petty thief a day or two after the incident. The best solution is to prevent the loss of goods. Sometimes this requires checking customers.

Checking customers is a delicate matter: it must be legal, justified, and as discreet as possible. This article will help you establish a sound security policy without violating human rights.

Legal standards: what is allowed and what is not

Checking personal belongings

The law does not allow forced inspection of bags or pockets without the customer’s consent. This may be considered a violation of privacy or even unlawful detention.

Checking personal belongings

Is it allowed to check customers’ bags and pockets? — Checking a customer’s bag without consent is illegal. A person cannot be searched without agreement, even if there is suspicion of theft.
How to check a bag or pockets if there is suspicion of theft? — A store employee can only request the customer to voluntarily show the contents. Even if the customer agrees, they must take out and display the items themselves, not the store employee. It is also possible to call the police, but not in all cases.
When should the police be called? — The police should be contacted only if there is reasonable suspicion.
What are the legal grounds for calling the police regarding a customer suspected of theft? — To avoid issues with the police, you must prove that there are significant reasons to believe the customer is a thief, such as a security gate alarm at the exit, suspicious behavior recorded by cameras, or testimony from a seller, security guard, or other customers.

Internal store policy

Information for customers about store rules can be displayed at the entrance, but these rules must not contradict Ukrainian law.

Internal store policy

A sign at the entrance stating “The store reserves the right to check bags in case of misunderstandings” is legally valid only as an informational notice but does not grant the right to enforce checks.
Video surveillance must be marked with appropriate signs according to the Law on Personal Data Protection.

Customer rights

When a customer is accused of potential theft, be prepared that they may defend themselves and argue.

According to Ukrainian law, the customer has the right to:

Demand evidence (for example, video footage).
Refuse to go to another room, such as the security office.
Personally contact the police, court, or consumer rights inspection regarding defamation, humiliation of dignity, or moral harm.

Therefore, actions must be as discreet as possible, and the store’s reputation must not be forgotten. How to achieve this is explained below.

How to recognize a potential thief?

Traditionally, the following signs are considered indicators of a thief:

Excessive nervousness, avoiding eye contact.
Wandering without a clear purpose, frequent changes of direction.
Attempts to hide goods in hands, clothes, or bags; wearing too many layers, loose clothing, or carrying a large bag.
May have an untidy appearance.

However, this description usually applies to inexperienced thieves or those attempting theft for the first time. Experienced thieves act differently. They may be inconspicuous, stylishly and even expensively dressed, well-groomed, smiling, confident, and friendly.

They try to actively communicate, distract your attention from their hand movements. Such thieves look directly into your eyes to control the situation, knowing that out of courtesy, you will also look at them and miss the theft process. These people are self-assured, sometimes arrogant, making you embarrassed to ask them to show their bag. They are excellent actors, sincerely offended that you suspect them, saying things like, “How could you think that about me? Really? Why would I need your cheap socks…”.

They do this to devalue the product and portray you as petty or fearful, making you feel ashamed of your suspicions. Often, such people visit the store with a friend to act as a supportive witness. So, how do you recognize a thief among customers? — The main task is not to catch the thief, but to prevent theft in your store.

The key task is not to catch a thief, but to prevent theft in your store.

How to prevent theft in the store?

Do not let yourself be distracted. If a customer wants to chat with you, do not talk while making a sale — only sequentially.
Be polite with customers but watch their movements so they don’t slip extra items into a bag while talking. Pay attention at the checkout: customers may even accidentally, while talking with you or on the phone, put an unscanned item together with scanned ones. The cashier’s attentiveness is crucial.
If you suspect a customer bypassed the checkout with some items, ask to return the bag and rescan everything. Do not specify the reason, simply say: “There was a system error, the sale didn’t go through, please let me rescan the items.” Then take out the items from the bag yourself.

Also remember: unusual behavior does not always mean theft. People may act strangely due to anxiety, depression, autism, or social phobia.

What to do if you suspect a customer of theft?

How to talk to a customer suspected of theft?

Do not accuse. Use phrases like “We noticed something unusual, may we clarify?”, “It seems you forgot to pay for your purchase…”, “Sorry, we are sure everything is fine, but we received a signal, and according to store policy, we must check”, “We just want to make sure everything is okay, and you can leave calmly.”

These phrases make the customer feel like they are not truly suspected, that you believe in their honesty, and you are just checking as a formality. This is a subtle form of manipulation: the customer is placed in a situation where it is difficult to refuse the inspection. After all, if they are not a thief, there is no reason to argue or refuse.

❗ Important! Avoid aggression. Even if the customer behaves rudely, remain calm. Offer a private space for discussion. This reduces tension and avoids public conflict.

How to discreetly check a bag or pockets

Avoid public humiliation. Invite the customer aside or to the administrator’s office.
Do not touch the customer’s belongings. Ask them to open the bag themselves.
If the customer refuses — do not insist. Calmly inform them that refusal means you will have to call the police. Say it without threats.

Restoring trust after the incident

If the suspicion was not confirmed — apologize, thank them for their cooperation, and offer a bonus, discount, loyalty card, or a gift.

How to protect a store from theft: a systematic approach

Technical measures

High-resolution surveillance cameras placed at entrances, checkouts, and areas with expensive goods.
Anti-theft tags on packaging and detection gates at the exit.
Security guard at the store entrance.
Dummy cameras for psychological deterrence of customers.

Anti-theft sensors

Legal protection

Incident documentation. If theft is confirmed — draft a report, call the police, save the video.
Theft insurance. Some insurance companies provide coverage for stores against theft.

Legal protection

Organizational measures

Staff training. Employees must know how to act in suspected theft situations without breaking the law.
Clear instructions. For example: “In case of suspicion — inform the administrator, avoid conflict, do not touch the customer’s belongings.”
Greeting customers at entry and exit. This is not only polite, but also shows that every customer is noticed.

Sample instructions for store staff

A checklist for store staff — short, practical, and legally sound. It can be used as an internal guideline for security guards, administrators, and salespeople. Sample checklist:

Theft prevention

At the beginning of the shift, make sure that the cameras are turned on and working.
Greet each customer at the entrance — it shows attention and demonstrates that everyone is noticed.
Watch the areas with goods, especially expensive ones.
Do not leave small or valuable items unattended.
Carefully scan barcodes on items, check that the sale is registered.
If the product is weight-based, check the number of barcodes on the package — there may be several different products in one package, each requiring its own barcode.
Do not chat with customers while processing a sale.
Make sure customers do not place unscanned items together with scanned ones.

Legal boundaries

❗ Attention! Do not touch customers’ personal belongings.
Do not force them to show their bag or pockets — only with consent.
If they refuse — do not argue, call the administrator or the police.
Do not physically detain a customer — this is illegal.
All actions must be documented (video, report, witnesses).

How to act in case of suspected theft

Address politely: “Excuse me, we noticed something unusual. May we clarify?”
Invite the customer to the security office to avoid drawing public attention.
Offer to voluntarily show the contents of the bag: “Excuse me, could you please show what’s inside your bag?”
If the customer refuses — do not insist, call the administrator, who will call the police.

If the suspicion is not confirmed