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Posted on in Criminal Law

shoplifting, McHenry County Criminal Defense AttorneyWhen an individual is accused of shoplifting, he or she may be detained by the store owner and then turned over to the police or banned from the store. Yet, what gives a store owner the right to detain an individual suspected of theft?

Store owners have the right to detain accused shoplifters based on a legal principle known as the shopkeeper's privilege—a legal doctrine initially created by judges that the Illinois legislature has since written into law. However, it is important to note that a shopkeeper's privilege is not absolute and an accused shoplifter who is detained using methods outside the privilege may have a claim against the store owner.

The Shopkeeper's Privilege

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