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SOP-25 Retail Shoplifting Arrest Procedure Police Services Division SOP-25 Issued: 9-22-2015 SUBJECT: RETAIL SHOPLIFTING ARREST PROCEDURE - PRIVATE SECURITY 1. PURPOSE: 1.1 The intent of this order is to establish alternative methods for handling shoplift incidents for businesses identified as major sources of shoplift arrests where private store security personnel have apprehended a shoplifter. 2. POLICY 2.1 It is the policy of the Rohnert Park Department of Public Safety not to respond to shoplifters in custody when police response is not necessary. 2.2 Police response will be necessary under any of the following circumstances: a. The suspect has no identification, or cannot be identified b. The suspect has outstanding warrants c. The suspect is uncooperative or combative d. The suspect is a juvenile and a parent/legal guardian cannot be notified e. The fair market value of stolen property exceeds $950.00 f. Suspects must have a local & permanent address in order to be eligible for the program. Out of the area addresses (outside Northern California), PO Boxes, 600 Morgan Street in Santa Rosa and 900 Hopper Street in Petaluma are considered unacceptable, unless directed otherwise by a responding officer, these suspects MUST be issued a citation or booked by the officer. 2.3 Reports completed by store security personnel shall be filed with the District Attorney for a complaint. 2.4 Officers cannot arrest the (S) for a crime other than 488 PC and then refer the same (S) to the shoplift program for the 488 PC portion, including warrants. If they arrest (S) for one, they have to arrest for all charges. Any additional reports by Loss Prevention to substantiate the shoplift portion will be a supplement to the officer’s initial arrest report documenting all charges. 2.5 If there are multiple suspects, the officer cannot issue one of them a criminal citation and refer the other(s) to the Shoplift Program. 3. PROCEDURES 3.1 STORE SECURITY RESPONSIBILITIES A. Store security shall do the following upon detention of a shoplifter: 1. Verify identification of the suspect. 2. Contact RPDPS Dispatch by telephone and provide the suspect’s full name, date of birth, and identification number if available 3. Release the suspect in accordance with the firm’s policy in those cases that police personnel do not respond. a) Juveniles shall be released to their parents or legal guardian. b) If police response is necessary, store security shall detain the suspect until an officer arrives. 4. Complete the required reports for the incident utilizing standard Rohnert Park DPS forms. The crime report number will be provided by Dispatch. 5. Store security personnel shall not tell the detained person that he/she is under citizen’s arrest to ensure compliance with 847 P.C. 6. Deliver completed reports to RPDPS within 7 days of the incident. 7. Ensure security/store personnel availability to consult with representatives from the Police Department and District Attorney’s Office regarding specifics in any reported incident prior to the filing of a complaint. 8. Ensure security/store personnel will be available to testify in any court proceeding or hearing regarding any reported incident. 9. Retain all relevant audio and/or video recordings of the incident. 3.2 DISPATCH RESPONSIBILITIES A. Upon notification by security personnel that a shoplift suspect has been detained Dispatch personnel shall: 1. Create a call for service and include a comment that the incident is an in- custody shoplifter with a report to be completed by store security. 2. Obtain a full name and date of birth on the suspect, and check the available records and systems to determine if the individual has any outstanding warrants or wants. 3. Assist store personnel when necessary and legally possible in identifying the suspect by verifying information provided by the suspect to store security. a) Patrol personnel may be dispatched to assist store security personnel in obtaining a proper identification of the suspect to avoid violating CORI policy. Once proper identification is made patrol personnel will not be required to complete any further reports unless necessary due to unusual or unique circumstances; which would then be a supplemental report to the original. 4. If the checks do not reveal information that precludes release, Dispatch personnel shall advise the security/store personnel that there is no need for an officer to respond. Dispatch shall provide security with a crime report number and close the incident with a report status in the call for service. a) If information is found that precludes release, security/store personnel shall be advised that an officer will respond and Dispatch personnel shall assign the call consistent with established policy. b) Any questions concerning response will be referred to an on-duty supervisor for specific direction. B. A list of those companies and businesses authorized to use this procedure shall be maintained by Dispatch. 3.3 RECORDS DIVISION RESPONSIBILITIES A. Records personnel shall ensure the following: 1. That submitted reports are routed to the day shift supervisor for review and approval. 2. Notify the day shift supervisor of any missing crime reports as generated by Dispatch personnel. 3. Forward approved reports with complaint review worksheets to the District Attorney’s office for complaint reviews. 4. For juvenile offenders, mail the completed City of Rohnert Park Notice to Appear citation and Shoplift Parent Notification letter by way of USPS certified mail to the listed parent or guardian on page 1 of the Shoplift Program report. 3.4 PATROL SUPERVISOR RESPONSIBILITIES A. Patrol supervisor personnel shall ensure the following: 1. Dayshift supervisors shall review all shoplift reports under this program. 2. Forward approved reports to Records. 3. Contact store security staff to locate missing reports. 4. Contact store security to correct and clarify reports when necessary using the Return of Shoplift Report Submission letter. 5. Book evidence received, such as photographs or surveillance video submitted with the report. 6. For juvenile offenders, complete a City of Rohnert Park Notice to Appear citation and a Shoplift Parent Notification letter using the parent or guardian information listed on page 1 of the Shoplift Program report and forward to Records with the approved report. 7. Dayshift supervisors should monitor effectiveness of merchants and reports being submitted to identify deficiencies or areas to improve upon and contact merchants as needed to facilitate communication and training